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3 November 2014
Ohio Heroin Dealer to Serve Federal Prison SentenceRead the Press Release
CHARLESTON, W.Va. – An Ohio man who twice sold heroin to an informant in Parkersburg, West Virginia was sentenced today to serve a year and a half in federal prison, announced United States Attorney Booth Goodwin. Keith Irons, 24, of Cleveland, Ohio, previously pleaded guilty in April of 2014 to distribution of heroin. On October 3 and 6, 2013, investigators from the Aggressive Crimes Enforcement (ACE) Task Force in Parkersburg used an informant to purchase $2,950.00 worth of heroin from Irons.
The investigation of Irons was part of a larger effort by ACE and the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) to dismantle a large heroin distribution ring involving individuals from Chicago, Illinois and Marion, Ohio. Irons is one of six individuals prosecuted in federal court as a part of the investigation.
This case was investigated by the ACE and the PNTF. Assistant United States Attorney Joshua Hanks handled the prosecution.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
North Carolina Man Sentenced for Killing U.S. Marshals Task Force OfficerRead the Press Release
Lamont Deshawn Byrd was sentenced today in federal court in Raleigh, North Carolina, to serve life in prison for committing first degree murder of an Officer of the United States, announced U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina. Byrd, 22, pleaded guilty on Aug. 4, 2014, to killing Warren Basco “Sneak” Lewis III with premeditation and malice on June 9, 2011. Lewis was an investigator with the Nash County Sheriff’s Office who was also a sworn special deputy United States marshal assigned to the Eastern North Carolina Regional Fugitive Task Force.
The investigation began on June 2, 2011, in Kinston, North Carolina when officers responded to a shots fired call and found homicide victim Thomas Terrell Hinton fatally shot in the chest. The investigation determined that Byrd, Kion Tyearl Dail and two additional juveniles murdered Mr. Hinton and then stole his bicycle. Murder warrants were issued for the arrest of the aforementioned individuals and law enforcement began looking for the suspects.
On June 9, 2011, Kinston officers, along with U.S. Deputy Marshals attempted to locate the suspects utilizing warrants and executed a search warrant at 602-A West Lenoir Avenue, Kinston, North Carolina. This address is a residence which has been converted into three separate apartments; one upstairs and two downstairs. Although it appeared that 602-A had been inhabited, the apartment was now empty. However, two shotguns were located. Laboratory testing revealed that Byrd had possessed the weapons. Earlier Byrd and several others had moved to Apt B downstairs.
Later that day, after developing additional information, law enforcement officers went back to the Lenoir Avenue apartments. While searching for the suspects, law enforcement officers announced their presence. As Investigator Lewis was coming down the stairs from the upstairs apartment, Byrd shot three times through the closed door, striking the deputy all three times. After realizing he had shot an officer, Byrd was heard to utter, “See what you made me do?” Byrd then handed the weapon to another individual to hide. After a 20-minute stand-off, the individuals came out. The weapon, a Berretta .40 caliber semi-automatic pistol, was found in a banker’s box in a closet, with Byrd’s DNA on it. The weapon had been stolen from a residence three weeks prior.
Investigator Lewis was transported to the hospital where he later died from his injuries.
“The death of Special Deputy Lewis is a tragedy for his family and all of us in the law enforcement community,” said U.S. Attorney Walker;
“As a key member of the Eastern North Carolina Regional Fugitive Task Force, Special Deputy U. S. Marshal Warren Lewis was a vital part of the U. S. Marshals’ family, just as he was with the Nash County Sheriff’s Office,” said Director Stacia Hylton of the U.S. Marshals Service. “Warren Lewis will always be remembered to us and the entire law enforcement community as a hero and for making the ultimate sacrifice to protect others. We hope that with this sentencing that Warren Lewis’ family can start to feel a small level of peace and closure after suffering their tragic loss.”
“Today’s sentencing is the result of a tragedy and loss of human life that was not necessary,” said ATF Special Agent in Charge Wayne Dixie. “Anyone that uses a firearm to commit a violent criminal act, especially the murder of a law enforcement officer, will be held accountable for their actions. We will continue to use all of our resources to prosecute those that choose to commit this type of heinous act.”
“Law enforcement officers put their lives on the line every day to protect our communities, and they deserve our respect and gratitude,” said North Carolina Attorney General Roy Cooper. “The death of Investigator Lewis was a tremendous loss to his family and our community and the end of this case helps bring justice.”
“The Lewis family and the State of North Carolina lost a true hero,” said Director Bill Johnson of the Kinston Department of Public Safety. “I wish to thank the many individuals and agencies for their assistance in the effort to see justice done.”
According to the plea agreement, Byrd has also pleaded guilty to murder charges in state court and is awaiting sentencing.
The investigation was conducted by the North Carolina State Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kinston Department of Public Safety.
The prosecution is being handled by Assistant U.S. Attorney Jane J. Jackson and Imelda J. Pate, Assistant District Attorney for the Eighth District.
North Carolina Man Sentenced for Killing U.S. Marshals Task Force OfficerRead the Press Release
WASHINGTON – Lamont Deshawn Byrd was sentenced today in federal court in Raleigh, North Carolina, to serve life in prison for committing first degree murder of an Officer of the United States, announced U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina. Byrd, 22, pleaded guilty on Aug. 4, 2014, to killing Warren Basco “Sneak” Lewis III with premeditation and malice on June 9, 2011. Lewis was an investigator with the Nash County Sheriff’s Office who was also a sworn special deputy United States marshal assigned to the Eastern North Carolina Regional Fugitive Task Force.
The investigation began on June 2, 2011, in Kinston, North Carolina when officers responded to a shots fired call and found homicide victim Thomas Terrell Hinton fatally shot in the chest. The investigation determined that Byrd, Kion Tyearl Dail and two additional juveniles murdered Mr. Hinton and then stole his bicycle. Murder warrants were issued for the arrest of the aforementioned individuals and law enforcement began looking for the suspects.
On June 9, 2011, Kinston officers, along with U.S. Deputy Marshals attempted to locate the suspects utilizing warrants and executed a search warrant at 602-A West Lenoir Avenue, Kinston, North Carolina. This address is a residence which has been converted into three separate apartments; one upstairs and two downstairs. Although it appeared that 602-A had been inhabited, the apartment was now empty. However, two shotguns were located. Laboratory testing revealed that Byrd had possessed the weapons. Earlier Byrd and several others had moved to Apt B downstairs.
Later that day, after developing additional information, law enforcement officers went back to the Lenoir Avenue apartments. While searching for the suspects, law enforcement officers announced their presence. As Investigator Lewis was coming down the stairs from the upstairs apartment, Byrd shot three times through the closed door, striking the deputy all three times. After realizing he had shot an officer, Byrd was heard to utter, “See what you made me do?” Byrd then handed the weapon to another individual to hide. After a 20-minute stand-off, the individuals came out. The weapon, a Berretta .40 caliber semi-automatic pistol, was found in a banker’s box in a closet, with Byrd’s DNA on it. The weapon had been stolen from a residence three weeks prior.
Investigator Lewis was transported to the hospital where he later died from his injuries.
“The death of Special Deputy Lewis is a tragedy for his family and all of us in the law enforcement community,” said U.S. Attorney Walker;
“As a key member of the Eastern North Carolina Regional Fugitive Task Force, Special Deputy U. S. Marshal Warren Lewis was a vital part of the U. S. Marshals’ family, just as he was with the Nash County Sheriff’s Office,” said Director Stacia Hylton of the U.S. Marshals Service. “Warren Lewis will always be remembered to us and the entire law enforcement community as a hero and for making the ultimate sacrifice to protect others. We hope that with this sentencing that Warren Lewis’ family can start to feel a small level of peace and closure after suffering their tragic loss.”
“Today’s sentencing is the result of a tragedy and loss of human life that was not necessary,” said ATF Special Agent in Charge Wayne Dixie. “Anyone that uses a firearm to commit a violent criminal act, especially the murder of a law enforcement officer, will be held accountable for their actions. We will continue to use all of our resources to prosecute those that choose to commit this type of heinous act.”
“Law enforcement officers put their lives on the line every day to protect our communities, and they deserve our respect and gratitude,” said North Carolina Attorney General Roy Cooper. “The death of Investigator Lewis was a tremendous loss to his family and our community and the end of this case helps bring justice.”
“The Lewis family and the State of North Carolina lost a true hero,” said Director Bill Johnson of the Kinston Department of Public Safety. “I wish to thank the many individuals and agencies for their assistance in the effort to see justice done.”
According to the plea agreement, Byrd has also pleaded guilty to murder charges in state court and is awaiting sentencing.
The investigation was conducted by the North Carolina State Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kinston Department of Public Safety.
The prosecution is being handled by Assistant U.S. Attorney Jane J. Jackson and Imelda J. Pate, Assistant District Attorney for the Eighth District.
Newman Drug Gang Member Sentenced in Federal Court in HuntingtonRead the Press Release
Appleton Sold Cocaine, Ecstasy and Heroin at Newman’s Direction
Huntington, W.Va. – United States Attorney Booth Goodwin announced that Brandon Jay Appleton, 25, of Belle, West Virginia, was sentenced today in federal court in Huntington to 33 months of imprisonment for possession with intent to distribute cocaine and MDMA, commonly known as “Molly” or “Ecstasy.” On January 20, 2014, investigators working with the Drug Enforcement Administration conducted a search at 1814 Artisan Avenue, Huntington, West Virginia - the residence of Kenneth Dewitt Newman. At the time of the search, Appleton, who was in the residence, had a bag filled with smaller bags of MDMA and cocaine that he intended to sell. Appleton was one of several defendants who pled guilty following an investigation of Newman and his associates for distributing illegal drugs in the Huntington area. Phone calls intercepted during the course of the Newman investigation revealed that Appleton sold drugs, including cocaine, MDMA and heroin, at Newman’s direction.
In addition to the United States Drug Enforcement Administration, the Huntington Police Department, the Metropolitan Drug Enforcement Network Team and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives actively participated in the investigation. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
New York-Based Marijuana Trafficker Sentenced in Manhattan Federal Court to 20 Years in Prison on Racketeering and Narcotics Conspiracy ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that OSCAR RODRIGUEZ, a/k/a “Chan,” 37, was sentenced today in Manhattan federal court on racketeering conspiracy and marijuana trafficking charges. OSCAR RODRIGUEZ was convicted after a trial in April 2014. The Honorable Donald E. Walter, visiting judge from the Western District of Louisiana, imposed a sentence of 20 years in prison.
Manhattan U.S. Attorney Preet Bharara said: “Oscar Rodriguez has now been sentenced for crimes he committed as a key member of a murderous narcotics-trafficking gang. The neighborhoods in Washington Heights that Rodriguez and his gang terrorized for over a decade are safer as a result of his arrest, conviction, and sentencing, as well as the conviction of over 50 other Rodriguez Enterprise members and associates in related cases brought by our Office. I commend the outstanding work of federal and local law enforcement in making this community safer.”
RODRIGUEZ’s charges arose out of a multi-year investigation titled “Operation Green Venom,” a coordinated multi-agency investigation that was led by ICE HSI and first announced in October 2010. With his conviction, a total of more than 50 defendants have been convicted in United States v. Manuel Geovanny Rodriguez-Perez, et al., 10 Cr. 905 (LTS), and related cases. Those defendants include former Rock-a-fella music founder Kareem Burke, a/k/a “Biggs,” and High Times Magazine editor Matthew Woodstock Stang, a/k/a “Magazine Guy.”
According to the Indictment and the evidence at trial, OSCAR RODRIGUEZ was a member of the “Rodriguez Enterprise,” a massive racketeering organization whose members sold large quantities of marijuana, engaged in murders and other violent acts, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses. The Rodriguez Enterprise was led by Manuel Geovanny Rodriguez-Perez, OSCAR RODRIGUEZ’s cousin. OSCAR RODRIGUEZ’s role in the organization included trafficking truckloads of marijuana, managing a lucrative block in Washington Heights, Manhattan, perpetrating violent assaults – including the 2005 near-fatal assault of a young man who sold marijuana for him – and participating in a plot to locate and move the body of another young man who had been strangled to death and buried in a park in the Bronx years earlier. The assault victim and the murder victim both were targeted for violent retaliation for stealing marijuana from the Rodriguez Enterprise. In 2005, OSCAR RODRIGUEZ also threatened the family of the employee he assaulted, in a successful effort to cause the employee to stop cooperating with state authorities. OSCAR RODRIGUEZ participated in these acts on behalf of the Rodriguez Enterprise from at least 1998 through his arrest on October 14, 2010.
In addition to the prison term, Judge Walter also sentenced RODRIGUEZ to five years of supervised release.
Mr. Bharara praised the outstanding investigative work of Immigration and Customs Enforcement’s Homeland Security Investigations and the New York City Police Department. He also thanked the U.S. Drug Enforcement Administration; the U.S. Marshals Service; the Bergen County, New Jersey, Prosecutor’s Office; the Englewood, New Jersey, Police Department; the U.S. Department of Housing and Urban Development; the City of New York Department of Investigation; and the New York County District Attorney’s Office for their assistance.
The prosecution of the cases arising from “Operation Green Venom” is being overseen by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorneys Amie N. Ely and Andrew C. Adams are in charge of the prosecution. Assistant U.S. Attorney Adams is also responsible for forfeiture proceedings in connection with this case.
- Multiple Narcotics Trafficking Results in Significant Sentences
Multiple Defendants Indicted in Large Scale Drug Trafficking and International Money Laundering ConspiraciesRead the Press Release
Approximately 50 Pounds of Heroin, 5 Kilograms of Cocaine, 38 Pounds of Methamphetamine & $70,000 Seized
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that multiple indictments have been unsealed charging eight defendants in Texas, California, Arizona, and Alaska with conspiring to distribute large quantities of heroin, cocaine, and methamphetamine in Alaska and also working together to launder money from the United States into Mexico.
The first indictment charges two men – Omar Alejandro Alfaro and Jose Ramon Canales, of Texas, with conspiring to distribute approximately twelve kilograms of heroin and two pounds of methamphetamine that was ultimately destined for Alaska. It also charges Canales and a third individual, Genaro Gutierrez-Reyes, of California, with conspiring to transport drug proceeds from the United States to conspirators in Mexico.
The indictment outlines several separate drug transactions. According to the indictment, the first sales which occurred in person in Texas, consisted of a total of six kilograms of heroin and took place sometime prior to July 3, 2013. Conspirators later mailed three more kilograms of heroin from Texas to Alaska using Canales’s address. Investigators found these kilograms of heroin hidden in a storage unit here in Anchorage along with an additional nine kilograms of heroin and various packaging materials.
The conspirators also sold three kilograms of heroin and two pounds of methamphetamine to an Alaska undercover agent. Agents seized an additional two kilograms of heroin and two pounds of methamphetamine from conspirators during arrest operations in Texas late last week.
A second indictment charges four additional California and Arizona-based individuals – Tomas Gutierrez Ayala, Geronimo Arellano Velarde, Cristian Giovanni Lugo, and Jasmin Sanchez (who was previously known to investigators only as “Michelle”) – with conspiring to distribute large quantities of cocaine and methamphetamine to Alaska. According to the indictment, in July 2013, Ayala possessed approximately ten pounds of methamphetamine. Around the same time, an Alaska-based conspirator traveled to California to purchase a large quantity of methamphetamine.
Further, according the indictment, the conspiracy continued in October 2013, when conspirators arranged to send approximately five kilograms of cocaine and five additional pounds of methamphetamine from California to Alaska. In two subsequent transactions, conspirators sold four and seven pounds of methamphetamine respectively to an Alaska undercover agent. In arresting the defendants, law enforcement seized an additional eight pounds of methamphetamine. Overall, the conspiracy was responsible for the distribution or attempted distribution of approximately five kilograms of cocaine and 34 pounds of methamphetamine.
The final indictment charges Timothy George Alex, 51, of Anchorage, with conspiring to distribute cocaine, heroin, and methamphetamine, as well as with one count of attempting to possess cocaine in February of this year. The indictment also seeks to forfeit approximately $70,000 in currency associated with Alex’s drug distribution activities.
Assistant United States Attorney Stephanie Courter, who presented the case to the grand jury, indicated that all of the defendants except Alex face a ten-year mandatory minimum sentence on the drug charges, up to a maximum sentence of life imprisonment. Alex faces a five-year mandatory minimum sentence, and a maximum 40 years imprisonment, for his participation. The international money laundering charge carries a maximum sentence of up to 20 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history of the defendant.
This case is being prosecuted by Assistant U.S. Attorney Stephanie C. Courter. The case was investigated by the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS-CI), the Federal Bureau of Investigation (FBI), the U.S. Postal Inspection Service (USPIS), U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Anchorage Police Department (APD), the Alaska State Troopers (AST), and the Anchorage Airport Police Department. Additional assistance was provided by the U.S. Attorney’s Offices for the Western District of Texas, the Eastern and Central Districts of California, and the District of Arizona, as well as federal agents in all three states.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.Morgantown Man Sentenced for Cocaine DistributionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs Specialist
CLARKSBURG, WEST VIRGINIA – Jacob White, 26, of Morgantown, West Virginia, was sentenced to 30 months in prison for distributing cocaine, United States Attorney William J. Ihlenfeld, II, announced today.
White will serve the 30 months prison term immediately following an unrelated state sentence for which he is currently incarcerated. He was also ordered to forfeit $1551.00.
White pled guilty in June 2014 to one count of “Distribution of Cocaine Hydrochloride” after an investigation by the West Virginia State Police Bureau of Criminal Investigations revealed that he sold powder cocaine in Monongalia County in October 2012.
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.La Oficina De La Fiscalia Federal Le Recuerda A Los Votantes De Nueva Jersey Que Pueden Usar La Linea Telefonica De Ayuda Electoral El Dia De Las Elecciones Para Quejarse De Irregularidades O Abusos ElectoralesRead the Press Release
NEWARK, N.J. - Las elecciones de mitad de mandato de Nueva Jersey tomaràn lugar el martes, 4 de noviembre de 2014, y el Fiscal Federal Paul J. Fishman les recuerda a los votantes que si sospechan fraude electoral pueden llamar una línea telefónica de ayuda establecida para temas electorales. La Oficina de la Fiscalía Federal recibirà y responderà a denuncias de irregularidades electorales, intimidación a los votantes y otras actividades que puedan interferir con los derechos electorales de los ciudadanos. La línea telefónica de ayuda el día de las elecciones - (888) 636-6596 – estarà activa desde ahora hasta el 5 de noviembre de 2014, y serà atendida el día de las elecciones en inglés y en español.
El Departamento de Justicia y otras agencias federales del orden público trabajaràn con las juntas electorales de los condados y la Oficina del Fiscal General de Nueva Jersey para recibir quejas y dirigir las quejas a las autoridades correspondientes.
El Departamento de Justicia tiene por objeto garantizar que todos los votantes calificados tengan la oportunidad de emitir su voto y que sus votos cuenten, sin discriminación, intimidación o fraude.
Fundada en el año 2002, esta iniciativa anual tiene como meta fomentar la confianza pública en la integridad del proceso electoral al proporcionar puntos de contacto locales dentro del Departamento de Justicia para que el público pueda reportar posibles violaciones de los derechos electorales y fraude electoral, mientras que las urnas estén abiertas el día de las elecciones.
Las agencias de investigación federales y el Departamento de Justicia, encabezadas por el FBI, trabajan en cooperación con la Oficina del Fiscal General del Estado, bajo la dirección del Fiscal General Interino John Jay Hoffman, para hacer cumplir los derechos de los votantes en las urnas.
El personal de la División de Derechos Civiles del Departamento de Justicia en Washington también estarà disponible por teléfono para recibir denuncias relacionadas con los derechos electorales (1-800-253-3931 peaje gratis o 202-307-2767) o por TTY (202-305-0082). Ademàs, las personas también pueden reportar quejas, problemas o inquietudes relacionadas con la votación por fax al 202-307-3961 , por correo electrónico a [email protected], y usando formularios de reclamaciones que puedan presentarse a través de un enlace en la pàgina web del Departamento, en http://www.justice.gov/crt/complaint/votintake/index.php.
14-391Kern County Man Pleads Guilty to Counterfeiting U.S. CurrencyRead the Press Release
FRESNO, Calif. — Alfonso Castellon, 41, of Bakersfield, pleaded guilty today to counterfeiting U.S. currency and possessing images for counterfeiting purposes, United States Attorney Benjamin B. Wagner announced.
According to court documents, from January 2011 to March 2014, Castellon, with intent to defraud, counterfeited Federal Reserve Notes in $100 and other denominations. In March 2014, a search of his residence revealed sample images of $100 bills and computer equipment, printers, and ink associated with counterfeiting, along with a flash drive containing images of $100 bills. Castellon estimated he produced approximately 20 counterfeit $100 bills per week, or approximately $100,000 per year.
This case is the product of an investigation by the United States Secret Service, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant United States Attorney Michael G. Tierney is prosecuting the case.
Castellon is scheduled to be sentenced by United States District Judge Anthony W. Ishii on January 12, 2015. Castellon faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Justice Department to Monitor Elections in TennesseeRead the Press Release
Memphis, Tenn. – The Justice Department announced today that it will monitor the election on November 4, 2014, in Shelby County, Tenn., to ensure compliance with the Voting Rights Act and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Department personnel will monitor polling place activities. A Civil Rights Division attorney will coordinate federal activities and maintain contact with local election officials.
To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Civil Rights Division at 1-800-253-3931.
Visit www.usdoj.gov/crt/voting for more information about the Voting Rights Act and other federal voting laws.
Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot FraudRead the Press Release
In anticipation of tomorrow’s general election, the Justice Department today provided information about its efforts, through the Civil Rights Division and Criminal Division, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process.
Civil Rights Division:
The Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act. Among other things, collectively, these laws:
- prohibit election practices that have either a discriminatory purpose based on race or membership in a minority language group or a discriminatory result of members of racial or language minority groups having less opportunity than other citizens to participate in the political process;
- prohibit intimidation of voters;
- provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice;
- require minority language election materials and assistance in certain jurisdictions;
- provide for accessible election machines for voters with disabilities;
- require provisional ballots for voters who assert they are eligible but whose names do not appear on poll books;
- provide for absentee ballots for service members, their family members and U.S. citizens living abroad;
- require states to ensure that citizens can register at drivers’ license offices, public assistance offices, other state agencies and through the mail; and
- include requirements regarding maintaining voter registration lists.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and vote suppression based on race, color, national origin or religion.
On Election Day, Nov. 4, 2014, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field at polling places.
- Civil Rights Division attorneys in both the Voting and Criminal Sections in Washington, D.C., will be ready to receive election-related complaints of potential violations relating to any of the statutes the Civil Rights Division enforces. Attorneys in the division will take appropriate action and will consult and coordinate with local U.S. Attorneys’ Offices and with other entities within the Department of Justice concerning these complaints before, during, and after Election Day.
- Civil Rights Division staff will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
- Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local police authorities by calling 911. They should also be reported to the Department after local authorities are contacted.
Criminal Division and the Department’s 94 U.S. Attorneys’ Offices:
The Department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.
The Criminal Division’s Public Integrity Section and the Department’s 94 U.S. Attorneys’ Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, destruction of ballots or registrations, alteration of votes, and malfeasance by election officials. The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin or religion (as noted above, voter intimidation that has a basis in race, color, national origin or religion is addressed by the Civil Rights Division).
The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as district election officers (DEOs) in their respective districts. DEOs are responsible for overseeing potential election-crime matters in their districts, and for coordinating with the department’s election-crime experts in Washington, D.C.
On Nov. 4, 2014, the U.S. Attorneys’ Offices will work with specially trained Federal Bureau of Investigation personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorneys’ Offices, FBI officials at headquarters in Washington, D.C., and FBI Special Agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Office or the local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.
- Again, complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. The department encourages anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.
Justice Department Files Antitrust Lawsuit to Stop National Cinemedia from Buying ScreenvisionRead the Press Release
The Department of Justice filed a civil antitrust lawsuit today seeking to block National CineMedia Inc.’s (NCM) $375 million acquisition of Screenvision LLC. The department said that the acquisition would combine the only two significant cinema advertising networks in the United States, eliminating competition that has substantially benefitted movie theaters, advertisers and, ultimately, movie goers.
The Antitrust Division’s lawsuit, which seeks to prevent the companies from merging and to preserve their existing head-to-head competition, was filed in the United States District Court for the Southern District of New York.
“The proposed combination of NCM and Screenvision is a bad deal for movie theaters, advertisers and consumers. This merger to monopoly is exactly the type of transaction the antitrust laws were designed to prohibit,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “If this deal is allowed to proceed, the benefits of competition will be lost, depriving theaters and advertisers of options for cinema advertising network services and risking higher prices to movie goers.”
Cinema advertising networks are intermediaries between movie theaters and advertisers. The networks create “pre-shows” – 20 to 30 minute long programs combining advertisements with special content – which movie theaters play prior to the start of each movie. The cinema advertising networks and movie theaters share the advertising revenue based on the specific financial terms of each theater’s contract.
According to the department’s complaint, NCM and Screenvision together serve 88 percent of all movie theater screens in the United States through long-term, exclusive contracts.
Over the past two years, competition between NCM and Screenvision intensified as Screenvision became a particularly aggressive competitor, increasing its efforts to steal business from NCM by dramatically reducing the prices it charges advertisers and offering movie theaters a variety of attractive financial incentives. The complaint contains statements from NCM’s and Screenvision’s executives describing the competition between the two companies and the motivation to end that competition by entering into the transaction:
- Aggressive competition between NCM and Screenvision for movie theaters led NCM to observe that “we need to buy [Screenvision] before either us or [Screenvision] does a stupid deal.”
- By April 2014, NCM arrived at what it called a “Strategy Decision Crossroads.” As NCM had told its board it could either acquire Screenvision, which would give NCM the ability to “Control Selling Tactics,” including “Pricing,” or it could compete through more aggressive pricing and adding theaters to its network. NCM chose to buy out its competitor.
- NCM viewed Screenvision’s “new strategy of undercutting [NCM’s] pricing by 50 percent (or more) [as] a direct threat to [NCM’s] business model” and “a very unusual strategy in a duopoly.”
The complaint alleges that, by eliminating competition, the merger likely will result in advertisers paying more for cinema advertising and movie theaters receiving less revenue. For movie theaters, the revenue earned through pre-show advertisements provides an important source of income. Reduced advertising revenues are likely to result in movie theaters having to raise ticket or concession prices to consumers or forego theater upkeep and improvements.
The three largest movie theater circuits in the United States – Regal Entertainment Group, AMC Entertainment Inc. and Cinemark Holdings Inc. – together are the majority owners of NCM. The complaint alleges that these three circuits – which NCM refers to as the “Founding Members” – exercise significant control and influence over NCM’s actions, including the right to block NCM from entering into contracts with independent movie theaters that contain upfront payments exceeding $1 million. Such payments have been an important area of competition between NCM and Screenvision.
National CineMedia LLC is a Delaware company headquartered in Centennial, Colorado. It has contracts with 39 movie theaters, creating a cinema advertising network with nationwide coverage of approximately 19,800 of the 39,000 movie screens in the United States. In 2013, NCM earned approximately $426 million in advertising revenue.
National CineMedia Inc. is Delaware corporation also headquartered in Centennial, Colorado. It is the managing member and minority owner of National CineMedia LLC.
Screenvision LLC and its parent, SV Holdco LLC, are Delaware companies headquartered in New York, New York. Screenvision has contracts with 177 movie theaters, with nationwide coverage of approximately 14,200 screens. In 2013, Screenvision earned approximately $160 million in advertising revenue.
Justice Department Announces On-the-Ground Monitoring at Polling Places in 18 States on Election DayRead the Press Release
The Justice Department announced today that its Civil Rights Division plans to conduct in-person monitoring of polling place activities in 28 jurisdictions in 18 states for the Nov. 4, 2014, general election. The Attorney General also released a video on election monitors today.
Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all eligible citizens to cast ballots on Election Day.
In the days leading up to and throughout Election Day, Civil Rights Division staff members will also be available by telephone to receive complaints from citizens in all states and jurisdictions nationwide related to possible violations of the federal voting rights laws (toll free 1-800-253-3931 or 202-307-2767) or TTY (202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and by a complaint form on the department’s website: www.justice.gov/crt/about/vot/.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country, the Federal Bureau of Investigation and the Criminal Division’s Public Integrity Section. Complaints related to election fraud may be directed to your local U.S. Attorneys’ Offices or local FBI offices, which consult with the Public Integrity Section in Washington, D.C. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
As always, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.
Since the passage of the Voting Rights Act of 1965, the department has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. In addition, the act requires certain jurisdictions to provide language assistance during the election process.
On Nov. 4, 2014, the department will monitor polling place activities on the ground in 28 jurisdictions:
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Maricopa County, Arizona;
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Alameda County, California;
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Napa County, California;
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Duval County, Florida;
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Hillsborough County, Florida;
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Lee County, Florida;
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Orange County, Florida;
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Fulton County, Georgia;
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Gwinnett County, Georgia;
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Chicago, Illinois;
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Finney County, Kansas;
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Robeson County, North Carolina;
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Colfax County, Nebraska;
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Douglas County, Nebraska;
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Bergen County, New Jersey;
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Cibola County, New Mexico;
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Orange County, New York;
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Cuyahoga County, Ohio;
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Hamilton County, Ohio;
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Lorain County, Ohio;
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Lehigh County, Pennsylvania;
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Richland County, South Carolina;
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Charles Mix County, South Dakota;
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Shannon County; South Dakota;
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Shelby County, Tennessee;
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Harris County, Texas;
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Waller County, Texas; and
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Milwaukee, Wisconsin.
The department’s monitoring will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color, or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability, or is unable to read or write; whether jurisdictions allow voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. Department personnel also will maintain contact with local election officials.
More information about the Voting Rights Act and other federal voting and election-related laws is available on the Civil Rights Division’s web site at www.justice.gov/crt/about/vot/.
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Huntington Heroin Dealer Pleads Guilty in Federal CourtRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that Anthony Quinlin Cooper, also known as “Ant,” 38, of Huntington, West Virginia pled guilty today in federal court to distribution of heroin. On November 15, 2013, Cooper was caught selling heroin to a confidential informant working with the Huntington Violent Crime and Drug Task Force. The sale took place at Cooper’s home in the Highlawn area of Huntington. Audio and video recordings were made of the drug deal. Following a search of his residence, Cooper admitted to additional heroin sales. Cooper faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 17, 2015.
This case was investigated by the Huntington Violent Crime and Drug Task Force. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Hugo Man Pleads Guilty to Assault with a Dangerous Weapon in Indian CountryRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that TRAVIS PAUL LINDSEY, age 24, of Hugo, Oklahoma, pled guilty to an Information charging him with Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1152.
The charges arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The Information alleged that on or about October 4, 2014, within the Eastern District of Oklahoma, within Indian country, the defendant, did knowingly and intentionally assault T.B., an Indian, with intent to cause bodily harm, by striking him with a dangerous weapon.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. The defendant remains on bond pending sentencing.
The statutory range of punishment is not more than 10 years imprisonment and/or a fine of up to $250,000.00.
Assistant United States Attorney Dean Burris represented the United States.
Fresno Man Sentenced for Laser Strikes on CHP PlaneRead the Press Release
FRESNO, Calif. — Andrew Zarate, 20, of Fresno, was sentenced today to one year in prison to be followed by two years of supervised release, for aiming a laser pointer at a California Highway Patrol airplane, Air 43, United States Attorney Benjamin B. Wagner announced.
According to court documents, Air 43 was struck up to 50 times by a powerful green laser pointer. As a result, the pilot suffered temporary blindness and Air 43 was forced to break away from a burglary in progress at a Fresno middle school. The CHP pilot reported that he gets struck by lasers almost every night and this incident was “the worst.”
Co-defendant David Walter Fee, 22, of Fresno, was sentenced in September to 18 months in prison.
According to the Federal Aviation Administration, in 2013, there were 3,960 reported incidents nationwide of laser strikes on aircraft cockpits, or an average of 10.85 strikes per day. Airports in the Eastern District of California reported over 82 laser strikes in 2013 – more than six laser illumination incidents per month. The Fresno Yosemite International Airport reported the highest number of laser illuminations followed by the airports in Bakersfield and Sacramento. This year, there have been 115 laser strikes or 11.5 reported laser incidents per month in this district, with Fresno leading in the number of reported laser incidents.
The case was the product of an investigation by the FBI’s Fresno Office, California Highway Patrol, and Fresno Police Department. Assistant U.S. Attorneys Karen A. Escobar and Michael G. Tierney prosecuted this case.
Four Dallas-Area Residents Admit Roles in Hydrocodone and Alprazolam Distribution Conspiracy That Operated in Abilene, Lubbock and DallasRead the Press Release
LUBBOCK, Texas — Four Dallas–area defendants, who were indicted by a federal grand jury this summer on various felony drug offenses, pleaded guilty on Friday in federal court in Lubbock, Texas, to their roles in a hydrocodone and alprazolam distribution conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
John Conte Smith, a/k/a “Leo,” 35, of Balch Springs, Texas; and Dallas residents, Crystal Nicole Burks, 29; Keith Deon Noel, 36; and Lee Santrell Boston, 35; each pleaded guilty, before U.S. District Judge Sam R. Cummings, to one count of conspiracy to distribute and possess with intent to distribute hydrocodone and alprazolam. Each faces a maximum statutory penalty of 10 years in federal prison and a $500,000 fine. Judge Cummings ordered a presentence investigation report for each defendant with sentencing dates to be set following the completion of those reports. All four defendants remain in federal custody.
According to plea documents filed in the case, from approximately February 2014 to July 2014, in the Abilene, Lubbock, and Dallas Divisions of the Northern District of Texas, Smith, Burks, Noel, and Boston conspired together, and with others, to distribute and possess with intent to distribute hydrocodone, a Schedule III, and alprazolam, a Schedule IV, controlled substance.
Smith provided others in the conspiracy prescriptions on genuine prescription forms from medical facilities with the names of actual physicians at those facilities, but with fictitious patient names. Other co-conspirators then took the prescriptions to pharmacies to have them filled, eventually taking the controlled substances back to Smith who kept some for himself and sold the remainder.
On February 2, 2014, Burks’ boyfriend was arrested for passing forged prescriptions for her. After his arrest, Burks began passing the forged prescriptions, or using others to pass them, for Smith in the Dallas area. In May 2014, Smith directed Burks to pass forged prescriptions in the Lubbock and Abilene areas, and Burks had her brother-in-law, Noel, drive her on the trip. Before they left Dallas, Burks and Noel went to a location near downtown Dallas and recruited a homeless person, Boston, to go with them. The three left Dallas and drove to Lubbock on May 20, 2014.
The next day, Burks and Noel drove Boston to several pharmacies in Lubbock where he passed forged prescriptions that Burks had given him and paid for the prescriptions with money she had given him. Boston turned over the filled prescriptions and the change to Burks.
Burks, Noel and Boston drove to Abilene the next day, May 22, 2014, and after passing forged prescriptions there, were arrested by officers with the Abilene Police Department.
A search warrant was executed at Smith’s home on July 2, 2014, and law enforcement located filled prescriptions for hydrocodone and alprazolam for persons other than Smith, as well as prepared prescription forms in other people’s names that had not yet been passed. Officers also found a 9mm semiautomatic pistol and ammunition in the nightstand by Smith’s bed.
The FBI and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams is prosecuting.
Former Norwalk Resident Admits Stealing $150,000 Through Investment Fraud SchemeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PATRICK CASTAGNA, 55, of Sarasota, Fla., formerly of Norwalk, waived his right to indictment and pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of wire fraud stemming from an investment fraud scheme.
According to court documents and statements made in court, in February 2011, CASTAGNA offered an individual a purported investment opportunity in a telecommunications company. The individual gave CASTAGNA $150,000 to invest based on CASTAGNA’s representations and wired $150,000 to a bank account controlled by CASTAGNA. CASTAGNA did not invest the money as promised, but rather used the money for his own personal expenses. Between February and September 2011, CASTAGNA made misrepresentations to the victim concerning the purported investment.
Judge Arterton scheduled sentencing for February 4, 2015, at which time CASTAGNA faces a maximum term of imprisonment of 20 years.
This matter was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher M. Mattei.
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(203) 821-3722 [email protected]Former Medical Director for Horizons Hospice Pleads Guilty to Health Care Fraud ChargeRead the Press Release
PITTSBURGH - A former resident of Washington County pleaded guilty in federal court to a charge of health care fraud, United States Attorney David J. Hickton announced today.
Oliver W. Herndon, 43, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Herndon was the medical director for Horizons Hospice, LLC. In that position, he defrauded Medicare and Medicaid by falsely certifying that patients were appropriate for hospice care.
Judge Schwab scheduled sentencing for July 14, 2015 at 9:30 a.m. The law provides for a total sentence of not more than 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar and Senior Deputy Attorney General Jeffrey Baxter are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Health and Human Services – Office of Inspector General and the Medicaid Fraud Control Section of the Office of Attorney General conducted the investigation that led to the prosecution of Oliver W. Herndon.
Former Kern County Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
FRESNO, Calif. —Rosaura M. Tinajero, 57, of Omaha, Nebraska, formerly of Wasco, California, pleaded guilty today to theft of Social Security benefits, United States Attorney Benjamin B. Wagner announced today.
According to court documents, Tinajero’s mother, a Social Security benefits recipient died in 1987. The Social Security Administration was not notified of her death and distribution of benefits continued until June 2009. From March 1995 through June 2009, Tinajero obtained more than $148,000 in benefits meant for her deceased mother via check and direct deposit, and she personally used the money knowing that she was not entitled to the benefits.
This case is the product of an investigation by the Social Security Administration, Office of Inspector General and the United States Secret Service. Assistant United States Attorney Henry Z. Carbajal III is prosecuting the case.
Tinajero is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on January 26, 2015. Tinajero faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former KC Woman Indicted for Fraud Scheme to Steal Victim's Lottery WinningsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former Kansas City, Mo., woman has been indicted by a federal grand jury for a fraud scheme in which she stole $480,000 in lottery winnings from her victim as part of a scheme that resulted in a total loss of more than $640,000.
Freya Pearson, 41, of Georgia, formerly of Kansas City, was charged in a nine-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Tuesday, Oct. 28, 2014. The indictment was unsealed and made public today upon Pearson’s initial court appearance.
The federal indictment alleges that Pearson convinced her 60-year-old victim to transfer $480,000 into the bank account of an organization called Recidivism at Work (RAW), a nonprofit entity Pearson had recently established. This victim, the indictment says, had won $2 million in the Missouri Lottery in 2008 and, after purchasing two houses, established an annuity to provide approximately $30,000 per year for the rest of her life.
Pearson allegedly instructed the victim to withdraw her lottery winnings from the annuity account. The victim made three wire transfers in April, May and June 2010 to deposit the funds into Pearson’s RAW checking account. Whether the money was an investment or a business loan, the indictment says, Pearson materially omitted to disclose to the victim that she would use the money to gamble and for her own personal expenses. Pearson allegedly used the $480,000 to gamble, travel, buy cars, clothes, and furniture, and pay rent while she lived in the St. Louis, Mo., metropolitan area. According to the indictment, no identifiable money was used for the nonprofit entity, nor for any business purpose.
When she met the victim in 2010, according to the indictment, Pearson was unemployed and her only income came from child support and Social Security benefits for one of her children. In March 2010, Pearson began to receive federal housing benefits for a residence in Kansas City, Mo. The Section 8 program assists low-income families with housing by paying most or all the beneficiary’s rent. She received a total of $76,837 in federal housing benefits over four years. In 2011, Pearson also began receiving welfare and/or food stamp benefits.
According to the indictment, Pearson filed for Chapter 7 bankruptcy protection on Dec. 2, 2010, but did not disclose the RAW bank accounts, which had total balances of $56,506. Pearson received a discharge of her debts on March 15, 2011.
Pearson allegedly made random payments totaling $38,170 to the victim, using the victim’s own money, before stopping entirely in August 2011. Pearson filed no tax return for tax year 2010, the indictment alleges, and thus did not pay income taxes of $122,000 that would have been due on the $441,830 of taxable income Pearson received as a result of defrauding her victim.
Pearson allegedly defrauded the victim of a total of $441,830. Pearson allegedly evaded $122,000 in federal income tax. Pearson allegedly defrauded the Weston Housing Authority of $76,837 in housing benefits. According to the indictment, Pearson thus caused a total loss of at least $640,667.
The federal indictment charges Pearson with three counts of wire fraud, four counts of money laundering, one count of tax evasion and one count of making false statements to the Department of Housing and Urban Development (related to her application for federal housing benefits).
The indictment also contains a forfeiture allegation, which would require Pearson to forfeit to the government any property derived from the proceeds of the alleged offenses, including a money judgment of $441,830.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the Kansas City, Mo., Police Department, IRS-Criminal Investigation and the Dept. of Housing and Urban Development, Office of Inspector General.Former Denver Woman Is Sentenced to Federal Prison on Charges Related to Identity TheftRead the Press Release
DENVER – Libia Hernandez-Garcia, age 60, of Miami, Florida, formerly of Denver, Colorado, was sentenced late last week by U.S. District Court Judge Christine M. Arguello to serve 12 months in federal prison for tax fraud, visa fraud and social security fraud, federal authorities announced. Following her prison sentence, she was ordered to serve 3 years on supervised release and ordered by Judge Arguello to pay over $70,000 in restitution. She was ordered to report to a Bureau of Prisons facility within 15 days of designation. She was indicted by a federal grand jury on May 21, 2013, followed by a superseding indictment on February 25, 2014. She pled guilty before Chief Judge Arguello on May 22, 2014.
According to the charging documents as well as the stipulated facts contained in the plea agreement, from 2009 through 2011, Hernandez-Garcia made false claims against the Internal Revenue Service which she knew to be false by preparing and filing federal income tax returns for several individuals where the claims for income tax refunds were fraudulent. Particularly, Hernandez-Garcia provided false information to a tax preparer, so refunds not belonging to her would be deposited into her own bank account.
From 2009 through 2012, Hernandez-Garcia misused the Social Security Number (SSN) of several individuals by causing the filing of individual income tax returns which falsely included the name and SSN, as a dependent, for the person identified as the filer of the tax return.
From 2008 through 2011, Hernandez-Garcia assisted in the preparation and filing with the IRS the U.S. Individual Income Tax Return of her husband for tax years 2007 through 2010 which were materially false and fraudulent. Particularly, dependents were claimed on her husband’s tax returns when in fact the dependents were not a person who could lawfully be claimed as a dependent of his. On her own personal tax returns for tax years 2006 through 2011, Hernandez-Garcia followed a similar pattern claiming dependents that could not be claimed as her dependents all in an effort to receive higher refunds.
Furthermore, on two separate occasions, one in 2008 and the second in 2011, Hernandez-Garcia made false statements under penalty of perjury in Petitions for a Nonimmigrant Worker packages. Such statements included: the beneficiary of the H-1B visa petition, Diana Aleph Aguilar Hernandez, would be employed by a local hotel operating under a national brand name as Operations Manager; Libia Hernandez was an authorized official to make such a petition on behalf of that hotel; that Libia Hernandez was authorized by that hotel to act on behalf of the company in labor certification matters.
This case was investigated by the Internal Revenue Service – Criminal Investigation, Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Bureau of Diplomatic Security Service (DSS), and Office of the Inspector General – Social Security Administration (SSA OIG).
This case is being prosecuted by Assistant U.S. Attorney Robert Brown.
Five Sentenced for Drug Trafficking OffensesRead the Press Release
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(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Five individuals were sentenced for drug trafficking offenses, United States Attorney William J. Ihlenfeld, II, announced today.
Christopher Lee Redman, 30, of Keyser, West Virginia, was sentenced to 27 months in prison. He pled guilty in August 2014 to one count of “Conspiracy to Distribute Schedule II Controlled Substances” after an investigation revealed his participation in the distribution of cocaine.
Robert Lee Jessie, 35, also of Keyser, West Virginia, was sentenced to 18 months in prison. He pled guilty in June 2014 to one count of “Distribution of Cocaine Base.”
Tyrone Lamont Fleming, 23, of Martinsburg, West Virginia, was sentenced to 18 months in prison. He pled guilty in June 2014 to one count of “Distribution of Cocaine Base.”
Ebony Ishia Haynes Jack, 33, of Palm Coast, Florida, was sentenced to 12 months and one day in prison. She pled guilty in August 2014 to one count of “Conspiracy to Launder Monetary Instruments” as part of a larger drug trafficking scheme.
Darius Nolan Hogan, 32, of Hyattsville, Maryland, was sentenced to five years of probation. He pled guilty in June 2014 to one count of “Aiding and Abetting Distribution of Cocaine Base.”
Assistant U.S. Attorney Jarod Douglas prosecuted the cases on behalf of the government. The Potomac Highlands Drug and Violent Crime Task Force investigated Redman, Jessie, and Jack. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated Fleming and Hogan.
U.S. District Judge Gina M. Groh presided.
Federal Jury Finds Veteran from Texas Guilty on Misdemeanor Domestic Violence ChargeRead the Press Release
Defendant Assaulted his Wife on Grounds of Veterans Administration Complex
ALBUQUERQUE – A federal jury returned a verdict Friday evening finding a veteran guilty on a misdemeanor domestic violence charge after a three-day trial. Leslie Chapman, 45, a veteran from Abilene, Texas, was convicted on an aggravated battery against a household member charge, and acquitted of the misdemeanor offense of interfering with communications.
Chapman was arrested on a criminal complaint alleging that he assaulted his wife on the grounds of the Veterans Administration complex in Albuquerque, N.M., on Jan. 26, 2014. He subsequently was charged in a misdemeanor information with aggravated battery against a household member, interference with communications, and possession of a firearm in a Veterans Administration facility. The firearms charge was dismissed by the United States prior to trial.
Chapman’s trial began on Oct. 29, 2014, and concluded on the evening of Oct. 31, 2014, when the jury returned a verdict of guilty on the domestic violence charge and not guilty on the interference with communications charge. The evidence at trial established that on the evening of Jan. 26, 2014, officers of the Department of Veterans Affairs Police Department responded to a call reporting a physical disturbance involving a man and a woman at a lodging hall in the Veterans Administration complex in Albuquerque, N.M. On arrival, the officers found the victim, upset and crying.
The victim reported that Chapman assaulted her in their room by hitting her in the chest, head, neck, back and arms. The victim also reported that Chapman refused to let her leave the room and grabbed her telephone while she was talking to a relative. The officers observed physical injuries on the victim, including bruising, swelling and scratches on the victim’s fingers, hand and arm.
Chapman testified in his own defense and denied assaulting the victim. Chapman claimed that the victim assaulted him. Chapman also denied that he prevented the victim from making telephone calls to seek assistance.
Chapman remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chapman faces a statutory maximum penalty of a year in prison and/or five years of probation.
This case was investigated by the Department of Veterans Affairs Police Department at the Veterans Affairs Medical Center in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Linda Mott and William J. Pflugrath.
Fayetteville Man Sentenced for Narcotics Distribution and Weapons ChargesRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced today that MARCUS DORRELL BYRD, 42, of Fayetteville, North Carolina, was sentenced to life plus 25 years followed by 10 years of supervised release. A federal jury convicted BYRD on all 5 counts contained in a criminal indictment on August 7, 2014. Charges consisted of drug and firearms offenses including conspiracy to distribute in excess of 5 kilograms of cocaine, distribution of cocaine, possession of a firearm during a drug trafficking crime, and possession of a firearm by a convicted felon.
During the four day trial, the government presented evidence that between on or about 2009, through on or about June 24, 2011, BYRD conspiredwith others in the Fayetteville area to distribute in excess of 30 kilograms of cocaine. Further, evidence was also presented of several controlled sales of cocaine by the defendant to a confidential informant. During a search of BYRD’s apartment by law enforcement, officers found him in possession of a loaded 9mm handgun, over $15,000 in US currency, a cocaine press, and several digital scales. BRYD’s prior convictions enhanced his sentence today. He was previously convicted of instigating a riot at the Federal Correctional Institution in Talladega, Alabama in 1995. He also has prior drug and firearms convictions.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fayetteville Police Department. Assistant United States Attorneys Ethan A. Ontjes and Carrie Randa prosecuted the case for the government.
Election Officers Designated in Central District of IllinoisRead the Press Release
Springfield, Ill. – U.S. Attorney Jim Lewis announced today the appointment of District Election Officers in the Central District of Illinois in connection with the Justice Department’s nationwide Election Day Program for the Nov. 4, 2014, general elections. Assistant U.S. Attorneys appointed to serve as election officers include: Gregory M. Gilmore in the Springfield headquarters office; David H. Hoff in the Urbana branch office; Darilynn J. Knauss in Peoria; and, John K. Mehochko in Rock Island. District election officers are responsible for overseeing the district’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
To respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure such complaints are directed to the appropriate authorities, designated election officers will be available in each of the district’s four offices on Nov. 4, while the polls are open. Election officers may be reached by the public at the following telephone numbers:
Springfield: Assistant U.S. Attorney Gregory M. Gilmore, 217-492-4450; Urbana: Assistant U.S. Attorney David H. Hoff, 217-373-5875; Peoria: Assistant U.S. Attorney Darilynn J. Knauss, 309-671-7050; and, Rock Island: Assistant U.S. Attorney John K. Mehochko, 309-793-5884.
In addition, the FBI will have Special Agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI office in the Central District of Illinois can be reached by the public at 217-522-9675.
Civil Rights Division staff will be available by phone to receive complaints related to voting rights at 1-800-253-3931 toll-free, or 202-307-2767, or by TTY 202-305-0082. In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
Election Day ProgramRead the Press Release
WILMINGTON, Del. - United States Attorney Charles M. Oberly, III, announced today that Assistant United States Attorney (AUSA) Patricia C. Hannigan will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Hannigan has been appointed to serve as the District Election Officer (DEO) for the District of Delaware, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Oberly said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Oberly stated that AUSA/DEO Hannigan will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number (302) 507-1607.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (302) 658-4391. Complaints can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Oberly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”Dunkirk man pleads guilty to child pornography chargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shane Taylor, 43, of Dunkirk, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Carol G. Bridge, who is handling the case, stated that on July 18, 2011, law enforcement officers executed a search warrant at the defendant’s residence on Dove St. in Dunkirk. Officers seized a computer and a shotgun from Taylor’s room. An analysis determined that the computer contained over 3000 images of child pornography, many depicting pre-pubescent children and images of violence.
The sentencing is the culmination of an investigation by Immigration and Customers Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for February 13, 2015 at 12:00 p.m. before Judge Arcara.Dr. John Yacoub Sentenced for Illegal Drug DistributionRead the Press Release
Prescribed Drugs to His Girlfriend and Others Without a Medical Basis
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Dr. John K. Yacoub, age 58, of Baltimore, Maryland today to a year and a day in prison followed by two years of supervised release for conspiring to distribute and possess with intent to distribute fentanyl, hydrocodone, oxycodone, morphine and methadone. Chief Judge Blake also ordered Yacoub to pay restitution and forfeit $2,375.93.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Chief James W. Johnson of the Baltimore County Police Department; Chief Gary Gardner of the Howard County Police Department; and Commissioner Anthony W. Batts of the Baltimore Police Department.According to his plea agreement, between 2012 and 2013 Dr. Yacoub provided prescriptions and pills to his girlfriend who was a drug addict. He initially provided her with Vicodin, and later with oxycodone and morphine. By 2013, Dr. Yacoub was regularly writing prescriptions for morphine and fentanyl patches for his girlfriend’s personal use.
Dr. Yacoub asked two others to help him get additional prescription medication for his girlfriend in exchange for providing them with prescriptions for methadone. Investigators have determined that one of these individuals used Medicaid to pay for $2,375.92 of the morphine prescriptions obtained for Dr. Yacoub.
During a search warrant executed on September 23, 2013, investigators obtained patient files for Dr. Yacoub’s girlfriend and the other two individuals. None of the files reflected any medical treatment or medical reason for the medications prescribed to them by Dr. Yacoub. Dr. Yacoub admitted that he provided the prescriptions outside the scope of accepted medical practice.
United States Attorney Rod J. Rosenstein praised the DEA, HHS – Office of Inspector General, Baltimore County and Howard County Police Departments and the Baltimore Police Department for their work in the investigation. Mr. Rosenstein also recognized the Maryland Board of Physicians for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorney Kenneth S. Clark, who prosecuted the case.
Crawford County Man Sentenced to Three+ Years for Collecting Millions from False Tax ReturnsRead the Press Release
TOPEKA, KAN. - A man from Crawford County, Kan., was sentenced Monday to 41 months in federal prison for receiving millions of dollars in refunds based on filing false federal tax returns, U.S. Attorney Barry Grissom said. In addition, the defendant was ordered to pay restitution of more than $4 million.
Jerold D. Fisher, 49, Arma, Kan., pleaded guilty to one count of filing a false federal tax return. In his plea, he admitted that from 2006 to 2009, while he was a registered agent for Fisher Alfalfa Farms, he prepared false federal tax returns both for himself and for his mother in order to receive tax refunds that were not owed to them.
In 2006, he started to test the tax system by filing false income tax returns claiming Fisher Alfalfa Farms had withheld taxes from his wages and paid them to the federal treasury. As a result, he fraudulently received a refund of $17,175. As he continued to fraudulently receive tax refunds without being detected, he increased the amount of his claims. By 2009, he fraudulently claimed withholding of more than $3.8 million on income of more than $8 million.
Grissom commended the Internal Revenue Service - Criminal Investigations Division and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Conspirator in Android Mobile Device App Piracy Group Pleads GuiltyRead the Press Release
A leading member of an online piracy group pleaded guilty today for his role in a scheme to distribute more than one million pirated copies of copyrighted Android mobile device applications, or “apps,” with a total retail value of more than $1.7 million.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Field Office made the announcement.
Scott Walton, 28, of Cleveland, Ohio, pleaded guilty today to one count of conspiracy to commit criminal copyright infringement before U.S. District Judge Timothy C. Batten Sr. of the Northern District of Georgia. Walton will be sentenced at a later date. A second co-conspirator, Kody Jon Peterson, 22, of Clermont, Florida, pleaded guilty to an information on April 14, 2014, for his role in the conspiracy.
According to statements made in court, Walton and his fellow conspirators identified themselves as members of the SnappzMarket Group. From May 2011 through August 2012, they conspired to reproduce and distribute over one million copies of copyrighted Android mobile device apps. The apps had a total retail value of over $1.7 million and were distributed through the SnappzMarket alternative online market without permission from the victim copyright owners, who would otherwise sell copies of the apps on legitimate online markets for a fee.
The indictment charges Walton and two other leading members of the SnappzMarket Group with conspiracy to commit criminal copyright infringement and related charges for allegedly distributing the copyrighted Android mobile devices apps through the group’s website, www.snappzmarket.com. On Aug. 21, 2012, the FBI executed a seizure order against the website, which was the first time a website domain involving mobile device app marketplaces had been seized.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The investigation was conducted by the FBI. The case is being prosecuted by Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Christopher Bly of the Northern District of Georgia. Significant assistance was provided by the CCIPS Cybercrime Lab and the Criminal Division’s Office of International Affairs.
Civil Division Recovers Almost $2 Million Owed to Federal AgencyRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced today that a cash payment of almost $2 million has been made to the Export-Import Bank of the United States (“the Bank”), an agency of the federal government, as part of the settlement of a civil lawsuit filed by the U.S. Attorney’s Office in the Middle District of Louisiana on the Bank’s behalf.
The Civil Division of the U.S. Attorney’s Office filed the two-year old civil lawsuit against a group of individuals and businesses, primarily based in Portland, Oregon. The lawsuit sought to recover highly-customized, industrial equipment in Port Allen, Louisiana, which served as collateral on a government-owned $4.5 million loan that had gone into default.
Defendants Frank Cutler of Newport Beach, California, and James Cutler of Wilsonville, Oregon, made the almost $2 million payment as part of a settlement previously reached between the United States and the defendants. The other defendants are paying the remainder of the debt, which is now approximately $3 million, in a schedule of payments over time. Those defendants are R. Patrick Garrett of Portland, Oregon, and the following entities based in Oregon: Meco Environmental, LLC; Mobile Environmental Technologies, Inc.; ICI Process Technologies, LLC; ICI, LLC; and Terra Sana, Ltd.
The Export-Import Bank of the United States is the official export credit agency of the United States. Its mission is to assist in financing the export of U.S. goods and services to international markets. It enables U.S. companies – large and small – to turn export opportunities into real sales that help to maintain and create U.S. jobs and contribute to a stronger national economy. It does not compete with private sector lenders, but provides export financing that is otherwise not available.
United States Attorney Green stated: “Today’s payment is another good example of protecting the taxpayers’ dollars. It is critical that agencies of the federal government, such as the Export-Import Bank, are not unfairly taken advantage of and that those receiving assistance from such agencies live up to their obligations and responsibilities, such as repaying a loan. Our Civil Division will continue to steadfastly pursue civil claims against those owing money to agencies of the federal government, as well as those who seek to defraud the federal government. I commend the critical work performed by the attorneys and staff in the Civil Division in this matter and the many others like it.”
This matter was handled by Assistant United States Attorney James L. Nelson who serves as the Affirmative Civil Enforcement Coordinator.
Cedar Rapids Man Charged with Being an Unlawful Drug User in Possession of FirearmsRead the Press Release
Kendan Fonville, age 24, from Cedar Rapids, Iowa, has been charged with two counts of being an unlawful drug user in possession of firearms. The charges are contained in an Indictment filed on October 30, 2014, in United States District Court in Cedar Rapids.
Count 1 of the Indictment alleges that, on or about March 24, 2012, Fonville possessed a stolen AK-47 rifle while he was an unlawful user of marijuana. Count 2 of the Indictment alleges that, on or about August 31, 2012, Fonville possessed a .380 caliber handgun while he was an unlawful user of marijuana.According to a previously filed criminal complaint, Fonville (aka “Fudd”) allegedly has four prior arrests for possession of marijuana and one prior arrest for possession of crack cocaine. The complaint alleges that, on March 24, 2012, Cedar Rapids Police Officers heard numerous shots being fired as they were approaching the 1400 block of 4th Avenue Southeast. In their investigation, officers allegedly recovered an AK-47 rifle that had been reported stolen and 22 spent rifle casings. Witnesses allegedly reported seeing Fonville fire the rifle.
The complaint also alleges that, on August 31, 2012, Cedar Rapids Police Officers attempted to stop a vehicle. The complaint alleges that, upon initiating the traffic stop, Fonville ran from the driver’s side of the vehicle. The complaint alleges that, during the foot pursuit, officers observed Fonville reaching for his waist band area. Fonville was allegedly lost during the chase. Officers allegedly believed that, during the chase, Fonville was attempting to discard a firearm. The officers allegedly retraced their steps and located a .380 caliber pistol.
If convicted on all charges, Fonville faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
Fonville’s next appearance for an arraignment has been set for November 4, 2014, at 2:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the FBI Safe Street’s Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-117 LRR.
Cary Man Sentenced for Videotaping Sex with Step-daughterRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that in federal court today IKE SIMMONS, 39, of Cary, North Carolina, was sentenced by Senior United States District Judge W. Earl Britt to 600 months imprisonment followed by 20 years of supervised release. On June 2, 2014, SIMMONS pled guilty to manufacturing child pornography, in violation of Title 18, United States Code, Sections 2252(a) and (d).
According to the investigation, in July, 2013, the mother of the victim contacted law enforcement reporting that her ex-husband had been molesting her 16-year-old daughter since 2009. SIMMONS was arrested and three computer hard drives, along with his Iphone was seized. Computer forensics later performed on the hard drive revealed that SIMMONS had videotaped the molestation using his cellphone and then transferred the videos to the hard drives.
SIMMONS is a previously convicted sex offender stemming from a 2003 conviction.
The criminal investigation of this case was conducted by the Cary Police Department, the Apex Police Department, and the Fayetteville Police Department. Assistant United States Attorney Ethan A. Ontjes is handling the prosecution on behalf of the Eastern District of North Carolina.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
CEO and President of East Bay University Sentenced to 198 Months for Fraud SchemeRead the Press Release
SAN FRANCISCO – Susan Xiao-Ping Su was sentenced on Friday to 198 months in prison, ordered to forfeit $5.6 million, and to pay $904,198.84 in restitution arising from a visa fraud scheme that she carried out in her role as the Founder, Chief Executive Officer, and President of Pleasanton-based Tri-Valley University, announced United States Attorney Melinda Haag and Tatum King, Acting Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations (HSI) San Francisco.
Su, 44, of Pleasanton, was convicted on March 23, 2014, after a 3-week trial of 31 counts of wire fraud, mail fraud, conspiracy to commit visa fraud, visa fraud, use of a false document, false statements to a government agency, alien harboring, unauthorized access to a government computer, and money laundering.
“Every year our country welcomes academically qualified students from all over the world to learn from our country’s best and brightest,” said U.S. Attorney Melinda Haag. “The defendant’s scheme took advantage of this highly valuable immigration process, reducing opportunities for legitimate, worthy student applicants. The conviction and sentence in this case demonstrate our resolve to work closely with HSI to ferret out and bring to justice those who choose to engage in immigration fraud.”
“This sentence should leave no doubt that there are serious consequences for those who exploit our legal immigration system for personal gain,” said Tatum King, acting special agent in charge for HSI San Francisco. “Student visas are intended to give people from around the world a chance to come to this country to enrich themselves with the vast learning opportunities available here, but in this case the defendant was interested in a different kind of enrichment, her own. Our message is simple – America’s legal immigration system is not for sale and HSI will move aggressively against those who compromise the integrity of that system and put our country’s security at risk simply to turn a profit.”
During the trial, evidence showed that Su engaged in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting fraudulent documents in support of Tri-Valley University’s petition for approval to admit foreign students and, after having obtained such approval, fraudulently issued visa-related documents to student aliens in exchange for “tuition and fees.” In her petition for approval, Su made material false representations to DHS regarding Tri-Valley University’s admission requirements, graduation requirements, administrators, instructors, class transferability, and intent to comply with federal regulations.
Three purported Tri-Valley University professors testified that they never authorized Su to use their credentials in connection with the university. Multiple Tri-Valley University employees testified that the university had no requirements for admission or graduation, and that Su routinely instructed her staff to fabricate fraudulent transcripts, and other university documents.
In carrying out the scheme, Su made additional false representations to DHS through Tri-Valley University’s use of the Student and Exchange Visitor Information System (SEVIS), which the United States government uses, in part, to monitor the “F-1” student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students’ academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status. Su admitted and maintained student aliens in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su was also convicted of harboring two Tri-Valley University student-employees to assist her in making the false representations to SEVIS. One of the harbored student employees testified that Su also requested him to paint her house and to move furniture.
Su made over $5.6 million through her operation of Tri-Valley University and engaged in seven money laundering transactions using proceeds to purchase commercial real estate, a Mercedes Benz car, and multiple residences, including a mansion on the Ruby Hill Golf Club in Pleasanton, each in her name.
The investigation began in May 2010 following a tip to HSI pertaining to irregularities at Tri-Valley University.
The sentence was handed down by the Honorable Jon S. Tigar, United States District Court Judge, following a jury trial on counts of 18 U.S.C. § 1343 (wire fraud); 18 U.S.C. § 1341 (mail fraud); 18 U.S.C. § 1546(a) (visa fraud); 18 U.S.C. § 1001(a)(3) (use of a false document); 8 U.S.C. § 1324 (alien harboring); 18 U.S.C. § 1030 (unauthorized access of government computer); and 18 U.S.C. § 1957(a) (money laundering).
Judge Tigar also sentenced the defendant to three-years of supervised release. Su has already begun serving her sentence after being remanded into custody after trial.
Wade Rhyne and Hartley West are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Noble Hughes, Janice Pagsanjan, and Rosario Calderon. The prosecution is the result of an investigation by DHS, Homeland Security Investigations and by the multiagency Document and Benefit Fraud Task Force, which is overseen by HSI.
(Su indictment )
(Su superseding indictment )
Bridgeport Man Pleads Guilty to Federal Murder ChargeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOHNNIE JEFFERSON, also known as “Jeezy,” 24, of Bridgeport, pleaded guilty today in Hartford federal court to his involvement in the October 2012 murder of Dawayne Cobb in Bridgeport.
According to court documents and statements made in court, on October 10, 2012, at approximately 6:20 p.m., the body of Dawayne Cobb was discovered in the driver seat of an idling vehicle in the vicinity of 220 Sunshine Circle in Bridgeport. Cobb had gunshot wounds in his shoulder and abdomen.
In pleading guilty, JEFFERSON admitted that on that date, he and another individual planned to rob Cobb of marijuana. JEFFERSON and the other individual then drove to Sunshine Circle to meet Cobb, murdered him and stole from him a jar containing approximately two ounces of marijuana. JEFFERSON and the other individual transported the stolen marijuana to a Bridgeport residence and subsequently distributed it amongst themselves and others.
JEFFERSON pleaded guilty to one count of causing the death of Dawayne Cobb through the use of a firearm, a charge that carries a maximum term of imprisonment of life. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea on January 27, 2015.
This matter is being investigated by Bridgeport Police Department and the FBI’s Bridgeport Safe Streets Task Force. The case is being prosecuted by Assistant U.S. Attorneys Tracy Dayton and Rahul Kale.
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(203) 821-3722 [email protected]Bio-Rad Laboratories Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay $14.35 Million PenaltyRead the Press Release
A California-based medical diagnostics and life sciences manufacturing and sales company, Bio-Rad Laboratories Inc. (Bio-Rad), has agreed to pay a $14.35 million penalty to resolve allegations that it violated the Foreign Corrupt Practices Act (FCPA) by falsifying its books and records and failing to implement adequate internal controls in connection with sales it made in Russia.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Special Agent in Charge David J. Johnson of the FBI’s San Francisco Field Office made the announcement.
“Public companies that cook their books and hide improper payments foster corruption,” said Assistant Attorney General Caldwell. “The department pursues corruption from all angles, including the falsification of records and failure to implement adequate internal controls. The department also gives credit to companies, like Bio-Rad, who self-disclose, cooperate and remediate their violations of the FCPA.”
“The FBI remains committed to identifying and investigating violations of the Foreign Corrupt Practices Act,” said Special Agent in Charge Johnson. “This action demonstrates the benefits of self-disclosure, cooperation, and subsequent remediation by companies.”
According to the company’s admissions in the agreement, Bio-Rad SNC, a Bio-Rad subsidiary located in France, retained and paid intermediary companies commissions of 15-30 percent purportedly in exchange for various services in connection with certain governmental sales in Russia. The intermediary companies, however, did not perform these services. Several high-level managers at Bio-Rad, responsible for overseeing Bio-Rad’s business in Russia, reviewed and approved the commission payments to the intermediary companies despite knowing that the intermediary companies were not performing such services. These managers knowingly caused the payments to be falsely recorded on Bio-Rad SNC’s and, ultimately, Bio-Rad’s books. Bio-Rad, through several of its managers, also failed to implement adequate controls, as well as adequate compliance systems, with regard to its Russian operations while knowing that the failure to implement such controls allowed the intermediary companies to be paid significantly above-market commissions for little or no services.
The department entered into a non-prosecution agreement with the company due, in large part, to Bio-Rad’s self-disclosure of the misconduct and full cooperation with the department’s investigation. That cooperation included voluntarily making U.S. and foreign employees available for interviews, voluntarily producing documents from overseas, and summarizing the findings of its internal investigation. In addition, Bio-Rad has engaged in significant remedial actions, including enhancing its anti-corruption policies globally, improving its internal controls and compliance functions, developing and implementing additional due diligence and contracting procedures for intermediaries, and conducting extensive anti-corruption training throughout the organization.
In addition to the monetary penalty, Bio-Rad agreed to continue to cooperate with the department, to report periodically to the department for a two-year period concerning Bio-Rad’s compliance efforts, and to continue to implement an enhanced compliance program and internal controls designed to prevent and detect FCPA violations.
In a related matter, the U.S. Securities and Exchange Commission (SEC) today announced that it had entered into a cease and desist order against Bio-Rad in which the company agreed to pay $40.7 million in disgorgement and prejudgment interest in connection with the company’s sales in Russia, as well as in Thailand and Vietnam.
The department acknowledges and expresses its appreciation for the assistance provided by the SEC’s Division of Enforcement.
The case is being investigated by the FBI’s San Francisco Field Office. The case is being prosecuted by Trial Attorney Andrew Gentin of the Criminal Division’s Fraud Section.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Baltimore Felon Sentenced to 10 Years in Prison for Armed RobberyRead the Press Release
Baltimore, Maryland –U.S. District Judge George L. Russell III sentenced Jarwon D. Scott, age 26, of Baltimore, today to 10 years in prison followed by five years of supervised release for robbery and using a firearm during the robbery.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, on September 1, 2013, Scott offered to sell prescription drugs to residents of a motel in Catonsville, Maryland. When it came time for the delivery, Scott used the ruse of supplying drugs to gain access to a motel room and, along with another individual, robbed the two occupants. Scott brandished a handgun and demanded money from the occupants of the room.
Scott was arrested a few days later on September 5. Law enforcement seized a 9mm semi-automatic pistol with an obliterated serial number and ammunition from the car he was about to enter. Scott had previously been convicted of a felony and was prohibited from possessing the gun and ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore County Police Department and Baltimore County State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonne S. Greenberg, who prosecuted the case.
Assistant U.S. Attorney Appointed to Lead Election Day ProgramRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that Assistant U.S. Attorney Dan Nelson will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day Program for the Nov. 4, 2014, general elections.
Nelson has been appointed to serve as the District Election Officer for the Western District of Missouri, and in that capacity is responsible for overseeing the district’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters in Washington, D.C.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
Nelson, in his capacity as District Election Officer, represents the U.S. Attorney’s Office, Western District of Missouri on the Missouri Elections Integrity Task Force. The task force, which includes local, state and federal law enforcement and election authorities, will coordinate efforts to ensure Missouri elections remain fair, secure and accessible.
In order to respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, Nelson will be on duty in this district while the polls are open. He can be reached by the public at 816-426-3000.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 855-527-2847.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C., by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.Ahead of Election Day, Attorney General Holder Dispatches Federal Poll Monitors to Aid in Efforts to Prevent Voter DiscriminationRead the Press Release
In an effort to reaffirm the Justice Department’s commitment and responsibility to protect eligible Americans from discrimination at the ballot box, Attorney General Eric Holder released a video today to announce that the Department of Justice will send federal monitors to 18 states across the country. These monitors will be on the ground gathering information on numerous aspects of local election procedures including voter discrimination, resources for bilingual voters, and adequate services for individuals with disabilities.
“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction,” said Attorney General Holder in a video message recorded for the Justice Department’s website. “Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups. Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.”
The complete text of the Attorney General’s video message is below:
“One of the Justice Department’s most sacred responsibilities is ensuring access to the ballot box for every eligible American. Over the last six years, my colleagues and I have taken robust action to safeguard this fundamental right: challenging unnecessarily restrictive proposals like certain voter ID laws; advocating for accessible polling places in remote and underserved communities; and fighting back against redistricting proposals and early voting limits that may prevent many Americans from making their voices heard.
“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction. Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups. Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.
“These officials will gather information on numerous aspects of local election procedures, including whether voters are treated differently depending on their race or color; whether jurisdictions are adequately serving individuals with disabilities; whether jurisdictions are complying with the provisional ballot requirements of the Help America Vote Act; and whether jurisdictions are complying with the Voting Rights Act’s requirement to provide bilingual election materials and assistance in areas of need.
“The integrity of our elections, and the ability of our citizens to access the franchise, are fundamental to who we are – both as a nation and as a people. That’s why, last year, President Obama established a bipartisan Presidential Commission on Election Administration to recommend a series of steps to make it simpler to cast a ballot. The Commission’s recommendations included expanding online voter registration and early balloting, updating electronic voting equipment, and making polling places more accessible. The Commission also suggested that bilingual poll workers should be available at any polling place with a significant number of voters who do not speak English.
“These are promising – and necessary – reforms, and I call upon jurisdictions across the country to adopt them. In the meantime, we must also ensure that the way we administer the laws currently on the books is appropriate, and lives up to our highest values. Making it more difficult to vote with restrictive measures like burdensome voter ID laws is out of step with our history.
“So I call on election officials and poll workers around the country to consider, as they perform their duties, the importance of the responsibilities that they are working to fulfil. I encourage every citizen of this country to remember the sacrifices made by generations of patriots to expand and ensure the franchise. And I urge all eligible Americans – no matter their party affiliation or political views – to exercise their own sacred duty to cast a ballot, to make their voices heard, and to contribute to the direction of our great democracy.”
The full video of the Attorney General’s message is available at http://www.justice.gov/agwa.php.
Acting U. S. Attorney Appoints Election Day Officer for Utah; Part of Department of Justice Efforts to Protect Voting RightsRead the Press Release
SALT LAKE CITY - Acting United States Attorney Carlie Christensen announced Monday that Assistant U.S. Attorney Alicia Cook will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day program for the Nov. 4, 2014, general election. AUSA Cook has been appointed to serve as Election Officer for the District of Utah. In that capacity, she will be responsible for overseeing complaints of election fraud and voting rights abuses in consultation with the Justice Department in Washington, D.C.
"Although Utah has a history of conducting problem-free elections, we want to make sure residents of Utah know that reports of fraud or abuse will be taken seriously," Ms. Christensen said today. “Election fraud and voting rights abuses dilute the worth of votes honestly cast. They also corrupt the essence of our representative form of government. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to the U.S. Attorney’s Office, the FBI, or the Department of Justice.”
Ms. Cook will be available Tuesday to respond to complaints of election fraud or voting rights abuses and to ensure that any complaints are directed to the right place. She can be reached by the public at 801-325-3350 while the polls are open.
In addition, the FBI in Salt Lake City will have special agents available throughout the day to receive allegations of election fraud and other election abuses on Election Day. The FBI can be reached at 801-579-1400.
Complaints about ballot access problems or discrimination can also be made directly to the Department of Justice’s Civil Rights Division’s Voting Section in Washington, D.C., at 1-800-253-3931 (toll free) or 202-307-2767. The Civil Rights Division staff can also be reached by TTY at 202-305-0082. In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
The administration of the election process is primarily a state rather than a federal function. States have the power to establish the place, time, and manner for holding elections. The Department of Justice, however, plays an important role in deterring election fraud and discrimination at the polls. The Justice Department's Criminal and Civil Rights Divisions enforce specific federal laws that help to ensure that all qualified voters have an opportunity to cast their ballots and have them counted.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights laws. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
Mistakes by election administrators, violations of state laws governing how elections are to be conducted, the accuracy of campaign literature, campaigning too closely to voting locations, the process by which candidates qualify for ballot status and events that occur in the course of political campaigns generally are not appropriate for federal prosecution, although such matters may violate state election laws.
Voters with questions about where to vote should call their county clerk’s office.
2 November 2014
U.S. Attorney’s Office, FBI Prepared to Respond to Complaints of Election Fraud & Voting Rights AbusesRead the Press Release
PROVIDENCE - United States Attorney Peter F. Neronha announced today that Assistant United States Attorney (AUSA) Terrence P. Donnelly will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Donnelly has been appointed to serve as the District Election Officer for the District of Rhode Island, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Peter F. Neronha said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.To report suspected election fraud or voting rights abuses at the polls in Rhode Island, the United States Attorney’s Office can be reached by the public at (401) 709-5068. In addition, the FBI field office in Rhode Island will be prepared to receive allegations of voting fraud and other election abuses at (401) 272-8310.
Contact: 401-709-5357
[email protected]
1 November 2014
Oklahoma City Man Pleads Guilty to Traveling to Colorado to Bring 13-Year-Old to Oklahoma City to Engage in Illicit Sexual ConductRead the Press Release
Oklahoma City, Oklahoma – Today, MARK AVERY SUMPTER, 43, from Oklahoma City, pleaded guilty to traveling to Colorado to pick up a 13-year-old girl to bring her to Oklahoma City to engage in illicit sexual conduct, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
According to court records, on June 27, 2014, the Oklahoma City Police Department (OCPD) notified the FBI that they had recovered an endangered 13-year-old runaway girl who was reported missing to the Douglas County Sheriff’s Department in Douglas County, Colorado. An investigation of social media accounts were traced to an IP address located in Oklahoma City. When OCPD officers responded to the address they found Sumpter and the missing girl. Sumpter and the girl communicated through the website chathour.com, Skype (a Voice Over Internet Protocol service that allows users to communicate through a computer or other wifi-compatible device), and Kik (a social media application designed for mobile technology that utilizes usernames, rather than phone numbers, to connect people via instant messaging). After exchanging messages and sexually-explicit photos, Sumpter traveled to Colorado to pick up the girl and return to Oklahoma City where they stayed for several days, from approximately June 21, 2014 through June 27, 2014. During the trip from Colorado to Oklahoma and at the Oklahoma City apartment, Sumpter engaged in illicit sexual conduct with the 13-year-old girl. Reference is made to the court record for further information.
Mr. Sumpter was indicted by a federal grand jury on August 20, 2014. During the plea hearing today, Sumpter admitted that he traveled from Oklahoma City to Colorado and picked up the 13-year-old girl, with the purpose of returning to Oklahoma City to engage in illicit sexual contact.
At sentencing, Sumpter faces a mandatory minimum of ten years and up to life in prison. A sentencing hearing will be set by the court in approximately 90 days.
This case is the result of an investigation by the Douglas County Sheriff’s Department (Colorado), the Oklahoma City Police Department, the Edmond Police Department, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Brandon Hale and Julia E. Barry.
- Multiple Narcotics Trafficking Results in Significant Sentences
Louisville Felon Sentenced to 162 Months in Prison for Robbing Multiple Jefferson County Restaurants and Brandishing A FirearmRead the Press Release
– Federal Prosecution resulted from “Project Recoil”
LOUISVILLE, Ky. – David J. Hale, United States Attorney for the Western District of Kentucky, announced the sentencing today of a Louisville felon charged with robbing three Jefferson County restaurants. The federal prosecution stemmed from “Project Recoil,” the on-going partnership of multiple Jefferson County, Kentucky law enforcement agencies, created by U.S. Attorney Hale to maximize penalties for the most violent offenders and to reduce violent crime in our community.
Kenneth Dion Flintroy Jr., age 25, was sentenced in U.S. District Court on Monday, November 6, 2014, by Chief Judge Joseph H. McKinley Jr., to 162 months in prison followed by 5 years of supervised release and ordered to pay $5,583 in restitution.
Flintroy pleaded guilty to four counts of a seven count indictment, on Monday, August 4, 2014, in Louisville. He admitted to robbing the McDonald’s located at 7426 3rd Street Road and the Papa John’s store located at 6902 Southside Drive on April 16, 2013. Further, he admitted to brandishing a firearm while robbing the McDonald’s located at 8600 Dixie Highway on May 2, 2013. The federal robbery charges are brought pursuant to the Hobb’s Act, which criminalizes robberies that affect interstate commerce.
This case was prosecuted by Assistant United States Attorneys Tom Dyke and Amanda Gregory and was investigated by the Louisville Metro Police Department.
31 October 2014
Worship Minister Charged with Receipt and Possession of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Mark Daniel DeHaven (33, Winter Garden) with two counts of receiving child pornography and one count of possessing child pornography. If convicted, he faces a minimum mandatory sentence of five years, up to 20 years in federal prison for each count of receiving child pornography, and up to 20 years in prison for the possession count. DeHaven was arrested and made his initial appearance in federal court on October 30, 2014. He is being detained pending trial.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Winter Garden Police Department. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEA
- Gail Waymire, 58, of La Porte, Indiana pled guilty to the felony offense of wire fraud. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has been set for 02/04/2015. This case is being prosecuted by Assistant United States Attorney Jesse M. Barrett.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Maricruz Mendoza, 40, of Elkhart, Indiana was sentenced to 24 months supervised probation, 6 months home detention and ordered to pay $81,452.25 in restitution after pleading guilty to the felony offense of theft of government property. According to documents filed in this case, from in or around August 2009 through September 2011, Mendoza applied for and received, at various times, extended unemployment insurance benefits through the State of Indiana Department of Work Force Development using another identity. Mendoza submitted weekly vouchers using another identity and intentionally falsely answered a question about whether she was working during the specified week. This case was the result of an investigation by the Indiana Department of Workforce Development and Department of Labor. This case was prosecuted by Assistant United States Attorney Barbara Brook.
- Alfonso Serrano, 46, of Logansport, Indiana was sentenced to 60 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of conspiracy to distribute a controlled substance (more than 500 grams of cocaine). According to documents filed in this case from March 2012 up to and including November 2013, Serrano conspired with several individuals in distributing cocaine in the Logansport area. On several occasions Serrano delivered cocaine to an individual he did not know was working for law enforcement. This case was the result of an investigation by the Drug Enforcement Agency. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
- Demarcus Moran, 24, of South Bend, Indiana was sentenced to 71 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of possession of a firearm as a convicted felon. According to documents filed in this case, on December 11, 2013, South Bend Police were conducting surveillance and observed Moran and another individual enter a vehicle. Officers stopped the vehicle and it was determined Moran had active felony warrants through St. Joseph County. As officers approached the passenger’s side of the car, they observed Moran attempting to close the glove box. Inside the glove box, officers located a 9mm firearm. Moran, a convicted felon, was interviewed and admitted to possessing the marijuana that was recovered from his pocket. This case was the result of an investigation by the South Bend Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald Schmid.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Laquintin Abbey, 26, of East Chicago, Indiana pled guilty to the felony offense of making a false statement to a licensed firearms dealer in acquisition of a firearm. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 01/13/2015. This case is being prosecuted by Assistant United States Attorney Tom McGrath.
- Nyega Shaqoi Host, 44, of Gary, Indiana pled guilty to the felony offense of being a felon in possession of firearms. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Tom McGrath.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Robert Lemon, 49, of Chicago, Illinois was sentenced to 15 months of imprisonment, 2 years of supervised release and over to pay $191,449.47 in restitution after pleading guilty to the felony offense of conspiracy to commit mail fraud. According to documents filed in this case, between December 2005 and July 2009, multiple defendants were involved in an insurance fraud scheme wherein they staged automobile accidents in Northwest Indiana and Chicago which resulted in claims and other documents being sent through the United States Mail. Lemon was identified as one of the leaders in the staged automobile accidents which resulted in losses to several insurance companies. This case was the result of an investigation by U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Houston.
- Dwayne Ashford, 53, of Michigan City, Indiana was sentenced to sentenced to 24 months imprisonment, 2 years of supervised release and to pay $191,449.47 in restitution after pleading guilty to the felony offenses of conspiracy to commit mail fraud and mail fraud. According to documents filed in this case, between December 2005 and July 2009, multiple defendants were involved in an insurance fraud scheme wherein they staged automobile accidents in Northwest Indiana and Chicago which resulted in claims and other documents being sent through the United States Mail. Ashford was identified as one of the leaders in the staged automobile accidents which resulted in losses to several insurance companies. This case was the result of an investigation by U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Houston.
- Dewayne Hutton, 45, of Merrillville, Indiana was sentenced to three-year term of probation, to include 12 months home detention, after pleading guilty to the felony offense of distribution of crack cocaine. According to documents filed in this case, between November 2011 and January 2012, the FBI utilized a confidential source to purchase crack cocaine and powder cocaine from Hutton in Hammond. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
- Jose Montoya, 41, of Summit, Illinois was sentenced to 121 months of imprisonment and ordered to pay $20,000 in restitution after pleading guilty to the felony offense of kidnaping. According to documents filed in this case, Montoya was involved in a kidnapping that occurred from on or January 14, 2011 to on or about January 18, 2011. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Nick Padilla.
- Eugene Clarke, Jr., a/k/a Imhotep Bey, 64, of Gary, Indiana was sentenced to 41 months imprisonment and ordered to repay $900,000 to the Internal Revenue Service after being convicted by a jury of 7 counts of filing a false claim against the government. Clarke represented himself as the fiduciary of a non-existent trust and filed 7 tax returns, each falsely claiming the trust was entitled to a refund of $300,000. The claims were entirely unsubstantiated. Four of the seven returns Clarke filed were deemed frivolous by the Internal Revenue Service and not processed. Three of the fraudulent were processed resulting in a total payment to Clarke of $900,000. This case was the result of an investigation by the Internal Revenue Service. The case was prosecuted by Assistant United States Attorneys Jacqueline Jacobs and Nick Padilla.
- Rolando Luis Diaz, 32, of Whiting, Indiana was sentenced to 51 months of imprisonment after pleading guilty to the felony offense of possessing a firearm as a convicted felon. This 51 month federal sentence was ordered to be served in the following fashion: 20 months of the sentence will run concurrently to any undischarged term of imprisonment imposed in Lake County, Indiana in case number 45G01-1110-FA-00049, and the remaining 31 months to run consecutively to that state court case sentence. According to documents filed in this case, on September 11, 2011, he knowingly possessed in and affecting commerce a firearm after being convicted of a crime punishable by a term of imprisonment exceeding 1 year. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Nicholas Padilla.
- Sandra McGuire, 51, of Gary was convicted of money laundering and sentenced to 1 year of probation to be served on home detention. McGuire, an 18-year employee of the Gary Fire Department, helped a Gary based, drug trafficking organization hide proceeds from the distribution of marijuana and cocaine. McGuire laundered thousands of dollars by running cash proceeds through her bank account, enabling the drug traffickers to legitimize cash and avoid detection by law enforcement. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jacqueline Jacobs.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
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- Michael R. Eberle, 29, of Fort Wayne, Indiana pled guilty to the felony offense of bank robbery with the use of a dangerous weapon. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms & Explosives, Fort Wayne Police Department, and the Northeast Indiana FBI Bank Robbery Task Force. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
- Alvaro Rivera-Arvayo, 24, of Fort Wayne, Indiana pled guilty to the felony offense of knowingly possessing with the intent to distribute 100 kilograms or more of marijuana. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Homeland Security Investigation, Drug Enforcement Administration, Indiana State Police, Allen County Drug Task Force, Allen County Police Department, New Haven Police Department and the Fort Wayne Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
- Sherri L. Miller, 48, of Howe, Indiana pled guilty to the felony offense of possession with the intent to distribute 50 grams or more of methamphetamine. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the United States Postal Inspection Service, Drug Enforcement Administration, Indiana State Police, Allen County Police Department and the Kendallville Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
- Orlando Paschall, 23, of Fort Wayne, Indiana pled guilty to the felony offense of conspiracy to commit robbery. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Fort Wayne Police Department, Allen County Police Department and the New Haven Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Tina L. Nommay.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Courtney Crusoe, 25, of Fort Wayne, Indiana was sentenced to 3 years probation and ordered to pay $86,338.26 in restitution after pleading guilty to the felony offense of conspiracy to commit money laundering. According to documents filed in this case, during the course of an investigation, Crusoe was identified as an employee of Wells Fargo Bank. Bank records were obtained, bank representatives were interviewed and it was discovered that during his employment a secondary joint account was opened without the customer’s knowledge from which Crusoe had made unauthorized withdrawals. This case was the result of an investigation by the Internal Revenue Service. This case was prosecuted by Assistant United States Attorney Lovita Morris King.
- Bruce T. King, 36, of Fort Wayne, Indiana was sentenced to 70 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of being a convicted felon in possession of a firearm. According to documents filed in this case, on January 24, 2014, a FWPD officer was on patrol when King was driving and made a turn without signaling. The officer conducted a traffic stop. King ran from the vehicle and fell. While falling to the ground, a handgun fell from King’s waist. King had a prior felony conviction that precludes him from possessing firearms. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
- Brandon A. Peters, 26, of Fort Wayne, Indiana was sentenced on two federal felony convictions: first, to 16 months of imprisonment for robbery and second, a consecutive 84 months sentence on a gun count. The court also imposed a term of 2 years supervised release, $3,817 in restitution to the pharmacy. Peters had pleaded guilty to the felony offense of robbery involving a controlled substance and brandishing and using a firearm during and in relation to a crime of violence. According to documents filed in this case, on September 25, 2012, Peters robbed CVS Pharmacy of controlled substances at gunpoint. Peters was identified driving a black Ford truck at a high rate of speed. Officers gave chase and during the pursuit tire-deflation devices were utilized, and the truck eventually stopped, ending in the arrest of the sole occupant of the truck, Peters. This case was the result of an investigation by Federal Bureau of Investigation and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.