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31 October 2014
- Houston Man Handed Massive Sentence on Firearm Convictions
Honduran National Sentenced to 30 Months in Prison for Reentering the U.S. IllegallyRead the Press Release
LAKE CHARKES, La. –United States Attorney Stephanie A. Finley announced that a Honduran man was sentenced Thursday to 30 months in prison for reentering the United States illegally.
Felipe Mercado-Veliz, 39, of Honduras, was sentenced Thursday by U.S. District Judge Patricia Minaldi to one count of reentry of a deported alien. He was also sentenced to three years of supervised release. According to evidence presented at the July 24, 2014 guilty plea, Louisiana State Police stopped a vehicle on December 31, 2013 for a traffic violation. All three occupants did not have their identification, and U.S. Border Patrol was called. Records showed that Mercado-Veliz had been previously convicted of illegal reentry in 2008 and 2011. He was last removed on May 22, 2013.
United Stated Border Patrol and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger prosecuted the case.
Holyoke, Massachusetts Man, Sentenced to 40 Years Imprisonment for the Murder of Melissa Barratt and Drug Distribution ConspiracyRead the Press Release
The United States Attorney's Office for the District of Vermont stated today that Chief Judge Christina Reiss in U.S. District Court in Burlington sentenced Frank Caraballo, 32, of Holyoke, Massachusetts, to 40 years imprisonment on his conviction for firearm and drug conspiracy charges, including a firearm charge relating to the murder of Melissa Barratt. The United States sought a term of life imprisonment and argued that such a term was fair and just sentence for Caraballo’s execution style murder of Melissa Barratt, who was 32 at the time. Chief Judge Reiss also sentenced Caraballo to a lifetime of supervised release which will follow Caraballo’s service of the 40-year term of imprisonment.
Melissa Barratt's body was discovered in a wooded area off East West Road in Dummerston, Vermont on July 29, 2011. Caraballo was eventually charged in federal court with various drug and firearm offenses, including using a firearm during a drug trafficking offense and causing the murder of Melissa Barratt. The drug conspiracy charge involved crack cocaine, cocaine powder, and heroin. According to witness testimony at trial, immediately after Caraballo was released from jail in Hampden County Massachusetts in mid-March 2011 and continuing to July 29, 2011, when he was arrested by Vermont State Police, Caraballo regularly traveled from Holyoke, Massachusetts to southern Vermont with substantial amounts of narcotics and distributed them. Melissa Barratt assisted Caraballo in the sale of some of these drugs. On July 28, 2011, Caraballo accused Barratt of stealing a significant amount of drugs from his room at the Super 8 motel in Brattleboro. When Barratt did not return the drugs, Caraballo took her to Dummerston and shot her in the head.
After a three week trial beginning in mid-September 2013, the jury convicted Caraballo on the firearm and drug conspiracy counts. Though the jury found that Caraballo caused the death of Melissa Barratt, they did not find beyond a reasonable doubt that Caraballo discharged the weapon that caused Barratt’s death. This distinction, however, did not change the maximum sentence of life that Caraballo could potentially receive. In its sentencing memorandum, the government argued that Caraballo was an “unrepentant criminal” who “deserves life for a cold blooded murder while being a career drug trafficker.”
This case was jointly investigated by the Vermont State Police, the Southeast Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The United States is represented by Assistant U.S. Attorneys Paul Van de Graaf and Joseph Perella. Caraballo is represented by Mark Kaplan, Esq. of Burlington and Natasha Sen, Esq. of Brandon.
The United States Attorney commends the exemplary work of the state and federal law enforcement agencies jointly investigating this matter. In addition, the United States Attorney stated that the investigation was greatly facilitated by the assistance of the office of Windham County State=s Attorney Tracy Kelly Shriver and Deputy State’s Attorney Steven Brown.Hitachi Metals Ltd. Agrees to Plead Guilty for Fixing Prices and Rigging Bids on Automobile Parts Installed in U.S. CarsRead the Press Release
Hitachi Metals Ltd., an automotive parts manufacturer based in Tokyo, Japan, and successor in interest to Hitachi Cable Ltd. (collectively Hitachi), has agreed to plead guilty and to pay a $1.25 million criminal fine for its role in a conspiracy to fix prices and rig bids for automotive brake hose installed in cars sold in the United States and elsewhere, the Department of Justice announced today.
According to the one-count felony charge filed today in the U.S. District Court for the Northern District of Ohio in Toledo, Hitachi conspired to fix the prices of automotive brake hose sold to Toyota Motor Corporation and certain of its subsidiaries, affiliates and suppliers, in the United States and elsewhere (collectively Toyota). In addition to the criminal fine, Hitachi has agreed to cooperate in the department’s ongoing investigation. The plea agreement will be subject to court approval.
“Today’s guilty plea demonstrates the Antitrust Division’s commitment to hold companies accountable for engaging in illegal anticompetitive conduct,” said Brent Snyder, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. “The division is dedicated to its mission to protect U.S. consumers and businesses.”
According to the charge, Hitachi and its co–conspirators conspired through meetings and conversations in which they discussed and agreed upon bids and price quotations to be submitted to Toyota, and to allocate the supply of automotive brake hose to Toyota. In furtherance of the agreement, Hitachi sold automotive brake hose at non–competitive prices to Toyota in the United States and elsewhere. Hitachi’s involvement in the automotive brake hose conspiracy lasted from at least as early as November 2005 until at least September 2009.
Hitachi manufactures and sells a variety of automotive parts, including automotive brake hoses, which are flexible hoses that carry brake fluid through the hydraulic brake system of automobiles. The charges against Hitachi are the latest in the department’s on-going investigation into anticompetitive conduct in the automotive parts industry. These are the first charges filed relating to automotive brake hose sold to automobile manufacturers.
To date, 44 individuals have been charged in the government’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Including Hitachi, 30 companies have pleaded guilty or agreed to plead guilty and have agreed to pay a total of nearly $2.4 billion in fines.
Hitachi is charged with price fixing and bid rigging in violation of the Sherman Act, which carries a maximum penalty for corporations of a $100 million criminal fine for each violation. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s criminal enforcement sections and the FBI. Today’s charge was brought by the Antitrust Division’s Chicago Office and the FBI’s Cleveland Field Office, Lima Resident Agency, with the assistance of the FBI headquarters’ International Corruption Unit and the U.S. Attorney’s Office for the Northern District of Ohio. Anyone with information on price fixing, bid rigging and other anticompetitive conduct related to other products in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647–3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Cleveland Field Office at 216-522-1400.
Hitachi Information
Gun Defendants Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. – Aundre Devon Holifield, 24, and his brother Akeem Orlando Holifield, 21, both of Marion, Alabama, were sentenced in federal court today for selling a firearm to a convicted felon. The brothers pled guilty to the charge in July of 2014.
United States District Court Judge Kristi K. Dubose imposed sentences of time served for each defendant, and placed them on three years’ supervised release. She instructed each of the brothers to get a job within the next 60 days or bring a doctor’s note excusing them from employment. Judge Dubose ordered that each brother would pay a $100 special mandatory assessment, but she did not impose a fine.
The case was investigated investigated by the 4th Judicial Drug Task Force, the Alabama Attorney General’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.
Four Connected to “River Otter Preppers” SentencedRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara today sentenced four individuals with connections to the “River Otter Preppers” organization. They each pleaded guilty on August 14, 2014.
James Bruce Beebe (57, Valrico) was sentenced to 18 months in federal prison for being a felon in possession of a firearm. The court also ordered Beebe to forfeit the firearm involved in the offense. Desiree Nikkole Beebe (23, Lithia) was sentenced to three years’ probation for making a false written statement to a federally licensed firearms dealer during the purchase of a firearm - the same .22 caliber rifle that James Beebe later possessed.
Jason Michael Swain (33, Wauchula) was sentenced to three years in federal prison for being a felon in possession of a firearm (Bushmaster .223 caliber AR-15 type semi-automatic rifle). The court also ordered Swain to forfeit the firearm involved in the offense.
Nicholas Ryan Hall (23, Valrico) was sentenced to one year and one day in federal prison for making a false written statement to a federally licensed firearms dealer during his purchase of a firearm (M+M 7.62x39 mm AK-47 semi-automatic rifle), which he was buying on behalf of an individual he believed to be a convicted felon.
According to testimony and court documents, the four individuals were arrested on June 16, 2014, as the result of an investigation involving Martin Winters and his “River Otter Preppers” organization. The investigation related to the manufacturing and possession of destructive devices. Winters pleaded guilty on August 28, 2014, to making destructive devices and possessing unregistered destructive devices. A sentencing hearing is scheduled for December 4, 2014.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Donald L. Hansen.
Former Virginia Lawyer Sentenced to Six Years in Prison for Stealing Client Funds and Several Other Fraud SchemesRead the Press Release
ALEXANDRIA, Va. – Michael Eisner, 32, of Mastic, New York, was sentenced today to 72 months in prison, followed by three years of supervised release, for conducting a variety of fraud schemes, including stealing cash from his clients and fraudulently abusing credit cards in the name of his mother and wife. Eisner also was ordered to pay over $1.1 million in restitution to his victims, and he was remanded immediately into the U.S. Marshal’s custody after today’s hearing to begin serving his sentence.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Gerald Bruce Lee.
Eisner pleaded guilty to wire fraud and conspiracy to commit wire fraud on July 15, 2014. According to court documents, prior to losing his law license in 2013, Eisner was a member of the Virginia Bar. He owned and operated the Northern Virginia Law Group, a law practice located in McLean, Virginia. In 2011 and 2012, Eisner committed a variety of fraud schemes, including stealing more than $250,000 in funds from his law clients. These clients had entrusted this money to him during the course of bankruptcy proceedings, and they were under the false impression that Eisner was keeping this money in escrow to pay for bankruptcy-related expenses. In reality, Eisner was using their money for his own personal benefit and enjoyment.Eisner also defrauded several financial institutions during various credit card and check fraud schemes. For instance, Eisner conducted a “credit card kiting” scheme, where he illegally abused a Citibank credit card account that was in his wife’s name. Eisner submitted fraudulent electronic payments to Citibank to reduce the balance on his cards in order to transact new charges exceeding his wife’s credit limit before his phony payments to Citibank were dishonored. Before Citibank caught on, Eisner amassed a balance that exceeded 300 percent of his wife’s credit limit. Eisner’s wife was not aware that he was using her credit card in this manner, and she did not authorize him to do so. In addition to using his wife’s credit card, Eisner also illegally used credit cards in his mother’s name during the course of this scheme without her knowledge or permission.
Eisner also conspired with Mark Head, who was sentenced to four years in prison on August 14, 2014, to conduct several other fraud schemes. In one such scheme, Head opened an account in his friend’s name without his knowledge or permission. Eisner and Head then used that account to issue several large checks to Eisner’s law firm. In reality, the account never had more than $20 in it. Eisner nonetheless deposited the checks written to his company at various Bank of America branches, and he immediately withdrew funds prior to Bank of America learning that the checks Head caused to be issued to Eisner were fraudulent. In total, Eisner and Head’s criminal conduct during this scheme caused actual losses to Bank of America of nearly $350,000.
Eisner, either working alone or with Head, conducted many other schemes that are described in court documents. As a result of his actions, Eisner caused more than $1.1 million in actual losses to his victims. If he had been as successful as he intended and certain victims had not uncovered his fraud, Eisner would have stolen more than $3.6 million from clients, banks and other victims.
This case was investigated by the FBI’s Washington Field Office. Assistant U.S. Attorney Chad Golder prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-167.Former Director Sentenced for Stealing $300,000 from Home for Disabled PersonsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that the former director of a program that provided a home for disabled persons in Higginsville, Mo., has been sentenced in federal court for embezzling more than $300,000 from the organization.
Terri Arlene Marr, 51, of Warrensburg, was sentenced by U.S. District Judge Dean Whipple on Thursday, Oct. 30, 2014, to three years and one month in federal prison without parole. The court also ordered Marr to pay $317,544 in restitution. Marr must surrender to begin serving her sentence on Dec. 15, 2014.
On April 23, 2014, Marr pleaded guilty to two counts of theft in connection with a health care benefit program.
Marr was the director of the Progressive Alternative Living, Inc. (PAL) from 1991 through 2013. PAL is an organization that operates a home in Higginsville for disabled persons in need of assistance. PAL receives reimbursement for many of these individuals from Medicaid. Marr was responsible for keeping strict and accurate accounts of all money received by and disbursed for and on behalf of PAL.
Marr admitted that she used PAL credit cards to pay personal expenses. Marr also made payments on her personal credit cards out of the PAL bank account from 2001 through 2013.
Marr also admitted that, from 2001 through 2013, she issued payroll checks to an individual who was not an employee of PAL. These payroll checks total approximately $186,038.
This case was prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI and the Higginsville, Mo., Police Department.
Felon Sent to Federal Prison for Firearm ChargeRead the Press Release
A Renwick, Iowa, man was sentenced October 28, 2014, to over four years in federal prison for his illegal possession of a firearm.
Daniel Reames, age 49, from Renwick, Iowa, received the prison term after a January 16, 2014, guilty plea to felon in possession of a firearm.
Information provided by the United States at the sentencing and change of plea hearings revealed that Reames has a 1995 conviction in the Iowa District Court for Humboldt County for a felony offense which precluded him from lawfully possessing firearms. Despite being a prohibited possessor of firearms, on April 16, 2013, Reames possessed a stolen rifle. Reames had stolen the firearm during a burglary and later sold it to another person.
Reames was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Reames was sentenced to 57 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Reames is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3020.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. This case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives; and the Humboldt County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Federal Charges: Employee Dragged by Her Hair During Bank Robbery in Overland ParkRead the Press Release
TOPEKA, KAN. - A bank employee was dragged by the hair during an armed robbery at a bank in Overland Park, according to a federal criminal complaint filed Friday.
Clifton B. Cloyd, 53, and Steven A. Watts, 54, were charged with one count of bank robbery and one count each of brandishing a firearm during the robbery.
A criminal complaint and affidavit filed in U.S. District Court in Kansas City, Kan., alleged Cloyd and Watts were arrested Oct. 29 as they fled with money they stole from the Bank of America at 9500 Mission in Overland Park, Kan.
The affidavit alleges that during the robbery:
- Five bank employees and a customer where held at gunpoint.
- Cloyd, who was carrying a handgun, grabbed one of the bank employees and pulled her by the hair and scarf to the teller station. He struck her in the face three times with a handgun.
- Cloyd struck a customer so hard her glasses flew off and she was knocked to the floor.
- Cloyd struck a male bank employee with such force that his head started bleeding.
- Watts pointed a handgun at an employee and demanded she open the safe.
Elmora, Pa., Man Sentenced for Role in Lowmaster Drug Distribution NetworkRead the Press Release
JOHNSTOWN, Pa. - A Cambria County resident has been sentenced in federal court to five years probation, the first 18 months of which must be served by conditions of home confinement, and 750 hours of community service on his conviction of violating various federal narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Paul X. Strittmatter, 32, of Elmora, Pa.
According to information presented to the court, from March 2009 to May 9, 2011, Strittmatter conspired to distribute and possess with the intent to distribute 100 kilograms or more of marijuana; from July 2008 to May 9, 2011, he conspired to distribute and possess with the intent to distribute five kilograms or more of cocaine; and from Sept. 30, 2010, to May 9, 2011, he conspired to manufacture and possess with the intent to distribute 1,000 or more marijuana plants. In addition, evidence presented to the Court at the time of Strittmatter's guilty plea reflected that Strittmatter conspired with George M. Lowmaster and others in order to facilitate and promote Lowmaster's drug distribution organization.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the joint task force, headed by the Laurel Highlands Resident Agency of the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Strittmatter. Other agencies participating on the task force include the Internal Revenue Service-Criminal Investigation, Pennsylvania State Police, Pennsylvania Attorney General's Office, Cambria County District Attorney's Office, Carrolltown Police Department, Patton Police Department, Ebensburg Police Department, Portage Police Department and Paint Township Police Department.
El Departamento De Justicia Llega A Un Acuerdo Con La Ciudad De Albuquerque Para Implementar Reformas Amplias Sobre El Uso De Fuerza Por El Departamento De Policia De AlbuquerqueRead the Press Release
El Departamento de Justicia anunció hoy que ha logrado un acuerdo de resolución detallado con la Ciudad de Albuquerque, el cual traerá amplias reformas al Departamento de Policía de Albuquerque (“APD” sus siglas en inglés) y su uso de fuerza contra civiles. Tras un año de investigaciones del uso de fuerza por parte de oficiales del APD y la publicación de la carta de hallazgos en abril, 2014, El Departamento de Justicia y la Ciudad han acordado entrar en un acuerdo ejecutable ante los tribunales el cual cambiará la manera en que oficiales del APD usan fuerza. Una vez que el Consejo de la Ciudad de Albuquerque considere el acuerdo de resolución en una sesión especial programada para la semana del 3 de noviembre, el Departamento de Justicia y la Ciudad presentarán el acuerdo de resolución ante el Tribunal de Distrito de los Estados Unidos para su aprobación e introducción como una ordenanza.
“La gran mayoría de los oficiales de policía de nuestra nación llevan a cabo sus labores con valor, integridad y profesionalismo excepcionales-arriesgando su vida a diario para mantener sus comunidades seguras. Pero cuando un patrón preocupante de mala conducta es revelada, o no se cumple con los estándares, el Departamento de Justicia tiene que tomar acción”, dijo el Procurador General Eric H. Holder Jr. “El acuerdo de amplio alcance que hemos logrado en este caso, transformará la cultura y las prácticas del Departamento de Policía de Albuquerque. Y confío que, con la cooperación de los líderes de la ciudad y los valientes oficiales de la policía, tomaremos pasos importantes para restaurar la confianza de los ciudadanos locales y construiremos para los residentes de Albuquerque comunidades más fuertes y seguras que es lo que todos los americanos se merecen”.
Además del uso de prácticas de fuerza, la investigación del Departamento de Justicia encontró que los oficiales utilizan fuerza mortal y fuerza menos letal de manera irrazonable y que deficiencias sistémicas en políticas, entrenamiento y supervisión han contribuido al este patrón o práctica. Después de la publicación de los hallazgos investigativos, el Departamento de Justicia solicitó información y recomendaciones para la reforma de la comunidad; así como de una variedad de interesados, incluyendo oficiales de policía, líderes comunitarios, defensores de salud mental y de otros residentes de Albuquerque. La información recibida tuvo un papel significante en la creación del acuerdo de resolución para que fuera algo positivo para las necesidades de la comunidad de Albuquerque y del APD.
“Este acuerdo de resolución sin precedentes, comenzará el proceso de restaurar confianza y cooperación entre la comunidad de Albuquerque y los oficiales de policía. Prácticas policiales constitucionales son la clave para construir confianza entre los departamentos de policía y las comunidades a las cuales sirven y por supuesto, la confianza es clave para asegurar la seguridad del público y de los oficiales”, dijo Vanita Gupta, Procuradora General Asistente Interina de la División de Derechos Civiles. “Este acuerdo de resolución provee el modelo para una reforma sostenible que proporcionará una colaboración y participación continua por parte de la comunidad. Agradecemos al Alcalde Berry, al Jefe de Policía Eden y a todos los individuos que compartieron con nosotros sus experiencias referentes al APD, para que este histórico acuerdo de resolución fuera una realidad”.
“Estamos verdaderamente orgullosos de nuestra comunidad y de nuestro departamento de policía por haber trabajado juntos durante un tiempo cuando la Ciudad enfrentaba serios desafíos, y ofrecer sus consejos y recomendaciones para seguir adelante,” dijo Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México. “La reforma no pasará de la noche a la mañana y tomará tiempo para que nuestra comunidad sane, pero ya estamos en camino. A través del acuerdo de resolución que se logró hoy, la Ciudad está de acuerdo en implementar reformas fundamentales de una manera transparente, las cuales asegurarán que la fuerza será usada de acuerdo a derechos constitucionales y que generará más confianza entre los dedicados hombres y mujeres del Departamento de Policía de Albuquerque y los residentes a quien han jurado proteger”.
Bajo el acuerdo de resolución, la Ciudad y el APD implementarán reformas detalladas en nueve áreas sustantivas. Un equipo de monitoreo independiente será seleccionado conjuntamente y supervisará las reformas las cuales se espera será implementadas durante los próximos cuatro años. Las áreas que cubre el acuerdo de resolución son:
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Uso de fuerza: incluirá que los supervisores acudan a la escena dónde se usó fuerza; proveer cuidados médicos a los sujetos, objetos de la fuerza, inmediatamente después del incidente; mejorar la calidad de las investigaciones del uso de fuerza; desarrollar un comité de revisión del uso de fuerza para detectar y corregir patrones y tendencias, utilizando agencias de policías circundantes como parte de un equipo poli-agencia que investigará tiroteos que involucren a oficiales de la policía para así obtener mayor objetividad y sentido de responsabilidad.
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Unidades especializadas: incluyendo medidas que requieran de trabajos y deberes bien definidos para las unidades tácticas especializadas y de investigación; asegurarse que los oficiales estén suficientemente entrenados para salvar vidas en situaciones de alto riesgo; y el desmantelamiento del proyecto de reincidentes del APD, y así restaurar su misión esencial investigativa en lugar de unidad táctica.
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Intervención en situaciones de crisis: incluyendo el establecimiento de un comité asesor de salud mental; proveer entrenamiento sobre la salud del comportamiento a todos los oficiales, despachadores y operadores del 911; y mantener grupos especialmente entrenados de proveedores de primeros auxilios, detectives y profesionales de salud mental, los cuales proveerán intervención en situaciones de crisis y darán apoyo a individuos con enfermedad mental grave o que están crónicamente sin hogar.
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Políticas y entrenamiento: incluyendo el desarrollo de políticas claras y detalladas sobre el uso de fuerza, prevención de represalias, apoyo a oficiales que reportan la mala conducta y mejorar el programa de entrenamiento para asegurar que los oficiales desarrollen la habilidades técnicas y prácticas requeridas para usar fuerza de una manera legal y efectiva.
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Investigaciones internas y a quejas de civiles: incluyendo medidas para eliminar fechas límites arbitrariamente impuestas para la presentación de quejas por parte de civiles; estándares para llevar a cabo investigaciones de manera objetiva, profunda y a tiempo; medidas para asegurar que el sistema de disciplina sea justo y consistente; y protocolos para proteger los derechos de los oficiales contra la autoincriminación.
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Personal y supervisión: incluyendo un estudio de personal y recursos para determinar la distribución de recursos; hacer a los supervisores responsables de una supervisión cercana y efectiva; y proveer orientación sobre los sistemas de grabación colocados en el cuerpo para promover responsabilidad y aumentar la confianza pública.
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Reclutamiento y promociones: incluyendo el desarrollo de un plan de reclutamiento estratégico que incluya metas y objetivos bien definidos y tomar los pasos necesarios para atraer a solicitantes cualificados quienes vengan de todos los sectores de la comunidad y asegurar que prácticas de promoción sean justas y consistentes.
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Asistencia y ayuda a oficiales: incluyendo medidas para asegurar que personal del APD tenga acceso inmediato a servicios de salud mental y que supervisores estén entrenados para enviar a un especialista de tal manera que minimice el estigma; y
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Participación comunitaria y supervisión: incluyendo medidas que refuercen el proceso de supervisión por parte de civiles de la Ciudad; programas de información pública que mantengan al público informado del progreso del APD hacía la reforma; requisitos para fomentar prácticas policiales comunitarias en todos los niveles del APD; y poner en sitio comités para establecer prácticas policiales comunitarias a lo largo de la ciudad para asegurar que se obtenga información significativa de la comunidad.
Un equipo independiente de monitoreo supervisará la implementación de las reformas, dará asistencia técnica y reportará sobre el cumplimiento por parte de la ciudad a través
de reportes que se harán periódicamente y serán públicos. El equipo de monitoreo tendrá acceso a todos los documentos, personal, instalaciones e información relacionada con el acuerdo de resolución y se relacionará con oficiales y miembros de la comunidad continuamente. El equipo de monitoreo también será responsable de asesorar los resultados para determinar si las metas del acuerdo de resolución se están cumpliendo. Esto se hará a través de indicadores de cumplimento y medidas objetivas. El acuerdo de resolución requiere dos años sostenidos de cumplimiento antes de que pueda ser finalizado.
Para más información sobre la División de Derechos Civiles, por favor visite www.justice.gov/crt. Para más información sobre la Oficina del Procurador Federal por el Distrito de Nuevo México, por favor visite http://www.justice.gov/usao/nm.
APD Commitment Letter
DOJ-ABQ Agreement Fact Sheet
SPL Police Accomplishments
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Duquesne Teen Pleads Guilty to Violating Federal Drug LawsRead the Press Release
PITTSBURGH - An Allegheny County resident pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Rahde Williamson, 19, of Duquesne, pleaded guilty to two counts before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that from in and around January of 2014, and continuing thereafter to in and around April of 2014, Williamson conspired with others to possess with intent to distribute and distribute one kilogram or more of heroin and of possession with intent to distribute less than 100 grams of heroin.
Judge Conti scheduled sentencing for Feb. 20, 2015 at 3 p.m. The law provides for a total sentence of up to life in prison, a fine of up to $20,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Amy L. Johnston is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the FBI Greater Pittsburgh Safe Street Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, and the Pittsburgh Police Department conducted the investigation that led to the prosecution of Williamson.
Dubuque Man Pleads Guilty for Second Time to Distributing Heroin Resulting in Overdose DeathRead the Press Release
A man who sold heroin to a person who overdosed and died from using the heroin pled guilty for the second time on October 30, 2014, in federal court in Cedar Rapids.
Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, was convicted of distribution of heroin resulting in death. At the plea hearing, Briggs admitted that on July 3, 2012, he sold $100 worth of heroin to an individual identified as S.R., and that S.R. died as a result of using that heroin. Briggs initially pled guilty to the charge in June 2013, and was sentenced to 30 years’ imprisonment in September 2013. His conviction was overturned after the United States Supreme Court ruled in Burrage v. United States that individuals could not be convicted of distributing drugs where death resulted unless the government proved the drugs were the “but for” cause of the death. Briggs had previously admitted only that the drugs were a contributing factor in the death of S.R., but at the plea hearing this week, he admitted that S.R. would have lived but for using the heroin distributed by Briggs.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Briggs remains in custody of the United States Marshal pending sentencing. Briggs faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Dan Chatham and was investigated by the Platteville, Wisconsin, Police Department, and the Dubuque, Iowa, Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 2:13-CR-01004-LRR.
Defendant Sentenced for Theft of Government Property, Possession of Unauthorized Access Device, and Aggravated Identity TheftRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA–Jamahl Hurley, 27, of Tallahassee, Florida, was sentenced to a total of 48 months in federal prison yesterday. United States District Judge Robert Hinkle sentenced Hurley to serve 24 months in federal prison for theft of government property and possession of fifteen or more unauthorized access devices, and to serve a consecutive term of 24 months for aggravated identity theft. Hurley was also ordered to pay $208,337.00 in restitution. The sentence was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Hurley’s charges stem from a traffic stop that occurred on May 17, 2013, during which officers recovered a black bag that contained several notebooks with personal identifying information (PII) belonging to other persons. Officers also recovered debit cards in other peoples’ names from the bag. During the investigation, agents discovered that the PII had been used to file multiple fraudulent income tax returns for tax years 2011 and 2012, seeking approximately $865,931.00 in refunds, of which $208,337.00 was actually paid out.
U.S. Attorney Marsh credited the successful prosecution of this case to the excellent investigative work and cooperative efforts of the United States Secret Service, the Internal Revenue Service, and the Florida Highway Patrol. The case was prosecuted by Assistant United States Attorney Herbert Lindsey.
Defendant Charged in Massive Internet Fraud Scheme That Infected Millions of Computers Worldwide Extradited from Estonia to the Southern District of New YorkRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today the extradition of VLADIMIR TSASTSIN from Estonia to face charges of computer intrusion, wire fraud, and money laundering, among other offenses. The charges relate to the alleged operation of a massive and sophisticated Internet fraud scheme that infected with malware more than four million computers located in over 100 countries. The malware secretly altered the settings on infected computers, enabling TSASTSIN and the six other charged defendants –Timur Gerassimenko, Dmitri Jegorov, Valeri Aleksejev, Konstantin Poltev, Andrey Taame, and Anton Ivanov – to digitally hijack Internet searches and re-route computers to certain websites and advertisements. TSASTSIN, an Estonian citizen, was arrested in Estonia on November 8, 2011, when the Indictment against him was unsealed. He arrived in the Southern District of New York yesterday, and was presented today before U.S. Magistrate Judge Gabriel W. Gorenstein.
Manhattan U.S. Attorney Preet Bharara said: “Now that Vladimir Tsastsin has been delivered to the Southern District of New York, he can answer for his alleged role in a scheme in which he and others manipulated Internet advertising techniques and reaped at least $14 million in ill-gotten gains in the process.”
The following allegations are based on the Indictment and other court documents previously filed in Manhattan federal court:
From 2007 until October 2011, TSASTSIN, Gerassimenko, Jegorov, Aleksejev, Poltev, Taame, and Ivanov controlled and operated various companies that masqueraded as legitimate publisher networks (the “Publisher Networks”) in the Internet advertising industry. The Publisher Networks entered into agreements with ad brokers under which they were paid based on the number of times that Internet users clicked on the links for certain websites or advertisements, or based on the number of times that certain advertisements were displayed on certain websites. Thus, the more traffic that went to the advertisers’ websites and display ads, the more money the defendants earned under their agreements with the ad brokers. The defendants fraudulently increased the traffic to the websites and advertisements that would earn them money and made it appear to advertisers that the Internet traffic came from legitimate clicks and ad displays on the defendants’ Publisher Networks when, in actuality, it had not.
To carry out the scheme, the defendants and their co-conspirators used what are known as “rogue” Domain Name System (“DNS”) servers, and malware (“the Malware”) that was designed to alter the DNS server settings on infected computers. Victims’ computers became infected with the Malware when they visited certain websites or downloaded certain software to view videos online. The Malware altered the DNS server settings on victims’ computers to route the infected computers to rogue DNS servers controlled and operated by the defendants and their co-conspirators. The re-routing took two forms that are described in detail below: “click hijacking” and “advertising replacement fraud.” The Malware also prevented the infected computers from receiving anti-virus software updates or operating system updates that otherwise might have detected the Malware and stopped it. In addition, the infected computers were also left vulnerable to infections by other viruses.
When the user of an infected computer clicked on a search result link displayed through a search engine query, the Malware caused the computer to be re-routed to a different website. Instead of being brought to the website to which the user asked to go, the user was brought to a website designated by the defendants. Each “click” triggered payment to the defendants under their advertising agreements. This click hijacking occurred for clicks on unpaid links that appeared in response to a user’s query as well as clicks on “sponsored” links or advertisements that appeared in response to a user’s query – often at the top of, or to the right of, the search results – thus causing the search engines to lose money. For example, when the user of an infected computer clicked on the domain name link for the official website of Apple-iTunes, the user was instead taken to a website for a business unaffiliated with Apple Inc. that purported to sell Apple software.
Advertising Replacement Fraud
Using the DNS Changer Malware and rogue DNS servers, the defendants also replaced legitimate advertisements on websites with substituted advertisements that triggered payments to the defendants. For example, when the user of an infected computer visited the home page of the Wall Street Journal, a featured advertisement for the American Express “Plum Card” had been fraudulently replaced with an ad for “Fashion Girl LA.”
The defendants earned millions of dollars under their advertising agreements, not by legitimately displaying advertisements through their Publisher Networks, but rather by using the Malware to fraudulently drive Internet traffic to the websites and ads that would earn them more money. As a result, the defendants and their co-conspirators earned at least $14 million in ill-gotten gains through click hijacking and advertisement replacement fraud. The defendants laundered the proceeds of the scheme through numerous companies including, among others, Rove Digital, an Estonian corporation, and others listed in the Indictment.
TSASTSIN, 34, of Estonia, is charged with one count of wire fraud conspiracy, which carries a maximum sentence of 30 years in prison; one count of wire fraud, which carries a maximum sentence of 30 years in prison; one count of computer intrusion conspiracy, which carries a maximum sentence of 10 years in prison; one count of computer intrusion furthering fraud, which carries a maximum sentence of five years in prison; one count of computer intrusion by transmitting information, which carries a maximum sentence of 10 years in prison; one count of money laundering, which carries a maximum sentence of 30 years in prison; and 21 counts of engaging in monetary transactions of value over $10,000 involving fraud proceeds, each of which carries a maximum sentence of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Estonian nationals Gerassimenko, Jegorov, Aleksejev, Poltev, and Ivanov were also arrested in November 2011, and were all previously extradited to the United States. The last defendant, Taame, who is a Russian national, remains at large. Aleksejev pleaded guilty to conspiracy to commit unauthorized computer intrusion and computer intrusion on February 1, 2013, and was sentenced to 48 months in prison. Ivanov pleaded guilty to all charges on February 21, 2013, and was sentenced to time served.
The case against TSASTSIN and the remaining co-defendants is pending before U.S. District Judge Lewis A. Kaplan. The next conference is scheduled for November 5, 2014 at 2:30 p.m.
Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation, National Aeronautics and Space Administration-Office of the Inspector General, and the Estonian National Police and Border Guard Board. He also thanked the Office of International Affairs in the U.S. Department of Justice’s Criminal Division for its assistance with the extradition.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sarah Lai and Alexander Wilson are in charge of the prosecution.
The charges and allegations contained in the Indictment against TSASTSIN and the remaining defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Costa Rica Based Telemarketing Fraud Results in Prison Terms for TwoRead the Press Release
Two employees of a Costa Rica based telemarketing call center that defrauded thousands of victims of more than $4 million have been sentenced to serve 300 months in prison and 144 months in prison.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Anne M. Tompkins of the Western District of North Carolina made the announcement after U.S. District Judge Robert J. Conrad Jr. of the Western District of North Carolina imposed the sentences.
On Oct. 30, 2014, Glen Adkins Jr., 43, of San Diego, California, was sentenced to serve 300 months in prison and Warren F. Tonsing Jr., 43, of St. Paul, Minnesota, was sentenced to serve 144 months in prison. They were both ordered to pay $2.4 million in restitution, joint and several with their co-defendants.
Both defendants were convicted on Aug. 8, 2013, following a jury trial, of wire fraud and money laundering stemming from a scheme to defraud United States residents, most over the age of 55, out of millions of dollars by deceiving them into believing that each had won a large monetary prize in a “sweepstakes contest.” According to evidence presented at trial, both defendants worked in a Costa Rica-based call center that used computers to make telephone calls over the Internet to victims in the United States. This process allowed the defendants and their co-conspirators to disguise the originating location of the calls. Victims were informed that the callers were from a Federal agency, such as the Federal Trade Commission, and that to receive their “prize” they had to wire thousands of dollars to Costa Rica for a purported “refundable insurance fee.” As long as the victims continued to pay, the co-conspirators continued to solicit more money from them in the form of purported fees.
To date, 46 defendants have been convicted in the Western District of North Carolina for their participation in similar Costa Rican telemarketing schemes.
These cases were investigated by a multi-agency task force composed of the U.S. Postal Inspection Service, FBI, Internal Revenue Service, Federal Trade Commission and Department of Homeland Security. These cases are being prosecuted by Senior Litigation Counsel Patrick M. Donley and Trial Attorneys William H. Bowne of the Criminal Division’s Fraud Section.
- Corpus Christi Man Admits to Possessing More Than 5 Million Pornographic Images
California Man Sentenced to 20 Years in Prison for Sexually Abusing MinorRead the Press Release
LAKE CHARLES, La. –United States Attorney Stephanie A. Finley announced today that a Californian pleaded guilty and was sentenced Thursday to 20 years in prison for sexually abusing a minor at Fort Polk.
Michael Anthony Zeno, 61, of Los Angeles, Calif., was sentenced Thursday by U.S. District Judge Patricia Minaldi for one count of aggravated sexual abuse of a minor. He was also ordered to serve a lifetime of supervised release. According to the evidence presented at the guilty plea, which also took place Thursday, the defendant entered the room of a minor relative under the age of 12 on June 1, 2007 and began performing a sex act on her while she slept. After the child woke up, Zeno exited the room. The home was located on the Fort Polk Military base.
The U.S. Army Criminal Investigation Command and the FBI conducted the investigation. Assistant U.S. Attorney John Luke Walker is prosecuting the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Those concerned may also leave tips with the FBI at tips.fbi.gov. Tips may be submitted anonymously. The Lake Charles FBI office number is (337) 433-6353.
Billie Preston Pleads Guilty to Embezzling from Williston EmployerRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Billie Preston, 41, of Monkton, pleaded guilty on October 29, 2014, in United States District Court in Burlington to a charge of wire fraud. Chief U.S. District Judge Christina Reiss released Preston on conditions pending sentencing, which has been set for February 27.
According to court records, between approximately November 2011 and late April 2014, Preston was employed as a bookkeeper by Endyne, Inc., an environmental testing laboratory located in Williston. Preston handled the company's payroll and accounts receivables and payables.
Beginning in about January 2012 and continuing through the end of April 2014, Preston embezzled about $84,000 from Endyne, primarily by falsifying payroll records to cause the firm to issue her paychecks and make electronic funds transfers in excess of her authorized salary. Preston also made electronic transfers of company funds to pay her personal bills.
Preston faces up to 20 years of imprisonment and a fine of up to $250,000. Her actual sentence will be determined with reference to federal sentencing guidelines.
This case was investigated by the Williston Police Department and the Federal Bureau of Investigation.
Preston is represented by Robert Kaplan. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Atlanta Man Sentenced to Eight Years’ Incarceration for Role in Counterfeit Check ConspiracyRead the Press Release
RICHMOND, Va. – Brandon Jermaine Johnson, 28, of Atlanta, Georgia, was sentenced today to 96 months in prison, followed by five years of supervised release, on charges of bank fraud and conspiracy. He was also ordered to pay restitution in the amount $25,098.30.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; Gary Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and Kathy A. Michalko, Special Agent in Charge of the United States Secret Service’s Washington Field Office, made the announcement after sentencing by U.S. District Judge John A. Gibney.
Johnson pleaded guilty on July 14, 2014. According to court documents and evidence presented at the trial of co-defendant Rasheeda McConnell, Johnson was part of a group that stole business checks from commercial mailboxes and used them to make counterfeit checks. The group then recruited people from areas where the homeless or unemployed would congregate to cash the counterfeit checks. In return, the check-cashers received a small sum of cash. The remaining proceeds went to the recruiters. Johnson recruited check-cashers and provided them with counterfeit checks.
Four other co-defendants in this case pleaded guilty and have been sentenced to terms of incarceration as follows: Jeffrey Keith Barnes, II, 7 ½ months; Devante Carson, 33 months; Christopher Eugene Pope, 15 months; and Kevin Lavon Smith, 9 months. Another co-defendant, Rasheeda McConnell, was convicted by a jury and sentenced to serve 60 months. Co-defendant Damion Latoras Foster was arrested on September 16, 2014, and is currently set for trial on February 2, 2015.
This case was part of Operation Homeless, a nationwide initiative being conducted by the U.S. Postal Inspection Service and U.S. Attorney’s Offices to aggressively prosecute groups that recruit the homeless and indigent to cash counterfeit checks. It was investigated by the United States Postal Inspection Service, United States Secret Service, Chesterfield County Police Department, and Henrico County Police Department as members of the Metro-Richmond Identity Theft Task Force. Prosecutions for the Task Force are handled by the United States Attorney’s Office and the Office of the Attorney General for the Commonwealth of Virginia. Virginia Assistant Attorney General and Special Assistant U.S. Attorney Charles A. Quagliato and Assistant U.S. Attorney Michael C. Moore are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:14-cr-28.
Alpharetta Man Sentenced for Investment FraudRead the Press Release
ATLANTA - Robert A. Christy has been sentenced to four years and nine months in prison for stealing investor funds in a currency trading fraud scheme.
“This defendant defrauded victims from across the country and, like many investment fraudsters, he preyed on seniors, retirees, and others simply looking for safe and secure returns,” said United States Attorney Sally Quillian Yates said. “In the end, his fraud was revealed and he has been held accountable for his actions.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “While it is easy to dismiss such financial fraud cases as being almost benign because of their lack of violence, there is, however, a very real victimization felt and lives are changed forever. At the end of the day, the sentencing of Mr. Christy to federal prison is really a small token of justice to those many victims who have suffered so much from his criminal activities.”
According to United States Attorney Yates, the charges and other information presented in court: From 2008 until approximately April 2012, Christy portrayed his firm, Crabapple Capital Group LLC, as a reputable and well-established investment firm, claiming that Crabapple profitably traded currency since 2006 and was affiliated with a larger investment firm, which purportedly had over $50 million in assets under management. Christy advertised a “conservative” currency trading investment strategy that targeted annual returns of approximately eight percent with a low risk of loss. Christy gave prospective customers marketing literature, including a formal disclosure document and monthly bulletins, which showed from 2006 to 2011: (a) average annual returns ranging from 15 percent to 20 percent; (b) 55 profitable months compared to only 10 unprofitable ones; and (c) the highest monthly losses reaching only negative 0.74 percent.
This performance history was fraudulent however, as Christy's actual trading records show consistent and significant losses from 2006 to 2011. Christy's claim that Crabapple was affiliated with a larger investment firm with $50 million in assets was also false. Christy recruited the majority of his investors during trade shows in Las Vegas, Nev. and Orlando, Fla., and through his affiliation with Grove City College, a Christian liberal arts college in Grove City, Penn. Christy, who is an alumnus of Grove City College, marketed himself as a Christian investor and solicited funds from Grove City College students, students’ families, and a faculty member.
To perpetuate his fraud scheme, Christy prepared and distributed false monthly account statements that fraudulently showed investors earning monthly profits on their investments, even in months when Christy was losing money in all his firm's trading accounts. Christy defrauded at least 20 investors who invested over $1.4 million dollars. Instead of using investors’ money to trade currency, Christy used it to pay for, among other things, travel, jewelry, restaurant meals, and other personal expenses, and made payments to members of his own family. In total, Christy stole over $1 million dollars.
Christy, 58, of Alpharetta, Ga., has been sentenced to four years, nine months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,148,234.81. Christy was convicted of wire fraud on July 24, 2014, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey Brown prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Alabama Real Estate Investor Pleads Guilty to Conspiracy to Commit Mail FraudRead the Press Release
An Alabama real estate investor pleaded guilty yesterday for his role in a conspiracy to commit mail fraud related to public real estate foreclosure auctions held in southern Alabama, the Department of Justice announced today. To date, 10 individuals and two companies have pleaded guilty in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes in the Alabama real estate foreclosure auction industry.
Chad E. Foster, a resident of Theodore, Alabama, pleaded guilty yesterday to an indictment filed in the U.S. District Court for the Southern District of Alabama, charging him with one count of conspiracy to commit mail fraud affecting a financial institution. According to court documents, Foster knowingly joined a conspiracy with others to, among other things, fraudulently acquire title to selected properties at artificially suppressed prices, to conduct secret, second auctions open only to members of the conspiracy, to make payoffs to and receive payoffs from co-conspirators, and to divert money away from financial institutions, homeowners and others with a legal interest in selected properties.
“This guilty plea demonstrates the Antitrust Division’s resolve to pursue those who conspire to defraud distressed homeowners and financial institutions,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “The division will continue to hold accountable individuals who subvert the competitive process for their own gains.”
“We are committed to partnering with the Antitrust Division,” said FBI Special Agent in Charge Robert F. Lasky of the Mobile Field Office. “And we will hold accountable those individuals who profited illegally at the expense of financial institutions and struggling homeowners.”
The charge of conspiracy to commit mail fraud affecting a financial institution carries a maximum penalty of 30 years in prison and a $1 million fine.
Yesterday’s charge stems from an ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section and the FBI’s Mobile Field Office, with the assistance of the U.S. Attorney’s Office for the Southern District of Alabama. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions in Alabama should call the Antitrust Division at 202-598-4000, or visit www.justice.gov/atr/contact/newcase.htm.
Yesterday’s charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.
2014 Election Day ProgramRead the Press Release
United States Attorney Felicia C. Adams announced today that Assistant United States Attorney (AUSA) Robert W. Coleman II, 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 Robert W. Coleman II, has been appointed to serve as the District Election Officer (DEO) for the Northern District of Mississippi 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 Adams 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 combatting these violations whenever and wherever they occur. This 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.
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 Adams stated that AUSA/DEO Robert Coleman will be on duty in the Northern District of Mississippi while the polls are open. He can be reached by the public at the following telephone number: 662-234-3351. 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 in the Northern District of Mississippi can be reached by the public at 662-234-1713.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or 202-307-2767.
United States Attorney Adams said, “Ensuring free and fair elections depends in large part on the cooperation of the America 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.”
30 October 2014
Woman Pleads Guilty to Lynchburg Mortgage FraudRead the Press Release
LYNCHBURG, VIRGINIA – The former majority owner of construction company Genesis Mansions, who recruited a number of strawbuyers to defraud financial institutions of millions of dollars thorough an intricate mortgage fraud conspiracy, pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg.
Susanne Helbig, 50, previously a resident of Roanoke, Va., was indicted in May 2014 on a series of federal charges related to a mortgage fraud scheme. This afternoon in U.S. District Court, Helbig pled guilty to one count of mortgage fraud conspiracy and one count of tax fraud. As part of the plea agreement entered into between the United States and the defendant, Helbig will face a period of incarceration between 51 and 121 months. In addition, the plea agreement calls for Helbig to pay $10,620,121 in restitution to the financial institutions that were defrauded and $179,593 to the Internal Revenue Service.
“Ms. Helbig and others executed a sophisticated scheme to defraud numerous financial institutions,” United States Attorney Timothy J. Heaphy said today. “Her repeated acts of recruiting straw buyers and submitting false statements to banks and other lenders allowed her to steal almost $11 million from her victims. This case demonstrates our commitment to identify and prosecute those who commit mortgage fraud, a serious crime with wide-ranging impact on the housing market.”
“Ms. Helbig’s conviction sends a powerful message to those who seek illegal profits by exploiting our nation’s mortgage industry,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division. “The FBI’s commitment to identifying mortgage fraud and working with our prosecutorial, law enforcement, and industry partners to mitigate the threat is evidenced by cases like this one. We will use every investigative technique available to us to ensure the integrity of our critical commercial institutions such as mortgage lending.”
“Ms. Helbig let greed get the better of her and in doing so she victimized the financial institutions that lent her money and the honest American taxpayers that have to pay more because of her cheating,” said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington, D.C. Field Office. “The impact of the actions of Ms. Helbig and her co-conspirators are wide ranging and negatively affect all of us. Ms. Helbig’s guilty plea today is an opportunity for her to admit to the deception and face the consequences of her actions.”
"In addition to stealing from the lenders, criminal schemes, such as Ms. Helbig's, victimize legitimate borrowers by making it more difficult for them to obtain mortgages. This investigation is another shining example of the great partnership that exists between local, state, and federal law enforcement agencies across the country in detecting and investigating mortgage fraud," said Dugan Wong, Inspector in Charge of the Pittsburgh Division of the Postal Inspection Service. "
Helbig admitted today that between March 2006 and December 2007 she, and others, conspired to defraud financial institutions through the submission of false and fraudulent mortgage loan applications and settlement statements in the name of strawbuyers. Helbig, and others, took these actions to induce financial institutions to finance the purchase and construction of approximately 30 properties near Smith Mountain Lake. The fraudulent actions of Helbig, and others, caused nearly $11 million in losses.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Laura Day Rottenborn, Helbig was the leader of a conspiracy who, along with her co-conspirators, recruited strawbuyers to pose as purchasers for properties Helbig owned near Smith Mountain Lake. Helbig paid the strawbuyers between $5,000 and $20,000 to pretend that they had purchased property from Helbig and needed a loan to build a primary residence on the land. In reality, however, the strawbuyers had no intention of owning or living in the house and instead Helbig took the loan disbursements for herself. She used some of the money to build homes on the land, which she intended to flip and sell for substantial profit but never did. She also used the loan money to pay herself a substantial income; gave some of the money to her co-conspirators to incentivize their participation in the scheme; and took money from one loan institution to pay off debts she owed to other financial institutions.
To induce lenders to make the loans, Helbig and her co-conspirators helped the strawbuyers falsify their loan applications. The loan applications stated an artificially inflated value for the land, inflated the strawbuyer’s income and assets, misrepresented the strawbuyer’s employment, misrepresented that the property would be the strawbuyer’s primary residence, and misrepresented the true source of funds provided to the strawbuyer for closing. Helbig personally gave strawbuyers substantial sums of money to help them qualify for loans that they could not otherwise afford, as well as kickbacks to the strawbuyers for their services– without disclosing either such gifts to the lenders. In many instances, Helbig then took back the “gifts” used to inflate the strawbuyer’s assets as soon as the loan closed. Helbig further signed settlement statements and loan applications even though she knew they contained materially false information designed to trick the banks into making substantial loans. She then filed false tax returns claiming improper deductions, resulting in a grossly underestimated tax liability.
Throughout the life of the conspiracy, about a half dozen lending institutions unknowingly made over $17 million in loans to Helbig based on the false and fraudulent statements in the loan application packets. Helbig ran a Ponzi scheme, making the loan payments on properties using the loan proceeds from other loans. Meanwhile, Helbig had not completed the construction of virtually any homes. When Helbig could no longer obtain additional financing, due in part to her supply of strawbuyers drying up and the tightening of the extension of credit in connection with the mortgage crisis of 2008, she stopped making payments on the loans, causing the properties to go into foreclosure and causing the lenders substantial loss. The strawbuyers were also put into financial ruin when the defaults and foreclosures were reported negatively on their accounts with the credit bureaus.
The investigation of the case was conducted by the Internal Revenue Service-Criminal Investigations, the Federal Bureau of Investigation and the United States Postal Inspection Service. Assistant United States Attorneys Laura Day Rottenborn and Heather Carlton are prosecuting the case for the United States.
Walthill Man Sentenced for Two Counts of AssaultRead the Press Release
United States Attorney Deborah R. Gilg announced that Senior United States District Court Judge Joseph F. Bataillon sentenced Verlyn Grant, age 40, of Winnebago, Nebraska for his conviction on two counts of assault with a dangerous weapon. Grant was sentenced to 57 months of imprisonment to be followed by three years of supervised release.
In the early morning hours of February 20, 2014, Grant was drinking at his residence on the Omaha Indian Reservation with his girlfriend and another woman when Grant became angry with his girlfriend. Grant threw his girlfriend to the ground and began punching and kicking her with his steel-toed boots. The other woman attempted to stop the assault by getting on top of Grant’s girlfriend as she lay on the floor. Grant continued kicking and eventually kicked the other woman as well. Both women sustained bodily injuries as a result of the assault.
This case was investigated by the Federal Bureau of Investigation.
United States Files Enforcement Action Against South Dakota Laser Medical Device DistributorRead the Press Release
WASHINGTON – The United States filed a civil complaint for injunctive relief in the U.S. District Court for the District of South Dakota against 2035 Inc. and its president, Dr. Robert L. Lytle, the Department of Justice announced. Lytle, who does business as 2035 Private Membership Association and QLasers Private Membership Association, is the owner and operator of 2035 Inc.
According to the complaint, the defendants are responsible for designing, manufacturing, marketing and distributing the QLaser System, a collection of approximately 12 devices that are marketed as low level laser devices for home use. The defendants market their devices throughout the country – through seminars, websites, newspaper ads and other means – for treatment of “over 200 different diseases and disorders,” including cancer, cardiac arrest, HIV/AIDS, diseases and disorders of the eye and ear, venereal disease and diabetes. Although two of the devices are cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices have been cleared by the U.S. Food and Drug Administration (FDA) or otherwise approved to treat any other medical conditions. Failure to obtain FDA clearance or premarket approval before marketing and distributing a device renders the device adulterated and misbranded and violates the Food, Drug, and Cosmetic Act (FDCA).
“The public should be able to trust that medical devices marketed to them to treat certain conditions are shown to be safe and effective,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The Department of Justice will take action to ensure that public health is not put at risk.”
According to the complaint, the defendants distribute labeling with the QLaser devices that touts their use for treatment of the serious conditions listed above, as well as their use on eyes and skin. However, the complaint alleges, applying the laser devices to the eyes and skin can be harmful, and use of the devices to treat serious conditions such as cancer, HIV/AIDS and diabetes, among others, is unsupported by any published clinical studies. The complaint further alleges that the medical claims regarding use of the laser devices to treat these conditions are false and misleading and that the devices are unsafe if used in the manner recommended or suggested in defendants’ labeling.
During multiple inspections of the defendants’ operations over the course of approximately 11 years, the FDA informed the defendants – both verbally and in writing – that they were violating the FDCA. Despite these warnings, the complaint alleges that defendants continue their violations. Most recently, in August and September 2014, FDA investigated the defendants’ business operations, including QLasers PMA, and www.qlaserspma.com, a website owned and operated by Lytle through QLasers PMA. According to the complaint, these investigations revealed that the defendants continue to make claims that cause their QLaser devices to be in violation of the law.
The government requests that the court enjoin the defendants from continuing to market their QLaser devices, or any other device, unless or until such devices receive FDA clearance or approval. The complaint further requests the court order the defendants to cease manufacturing, processing, packaging, labeling, holding or distributing any product that is a device unless and until the defendants have come into compliance with the FDCA.
“After several warnings from the FDA, this distributor was well aware he was in violation of the law by continuing to market laser devices for unapproved uses,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “Regardless, he continued to put consumers at risk, leading them to believe the product they were buying from his companies could treat certain serious medical conditions. Consumer confidence is critical, and the Department of Justice will work to protect that confidence and keep the public safe.”
The FDA referred this matter to the Department of Justice. Trial Attorneys Cindy Cho and Ross Goldstein of the Consumer Protection Branch in the Civil Division, together with the U.S. Attorney’s Office for the District of South Dakota, brought this case on behalf of the United States.
United States Attorney’s Office EstablishesRead the Press Release
Election Day HotlineCONCORD, NEW HAMPSHIRE – United States Attorney John P. Kacavas announces the establishment of an Election Day hotline in coordination with the U.S. Justice Department’s nationwide Election Day program for the general election on November 4, 2014.
United States Attorney Kacavas said, “The freedom to vote without interference, discrimination, or hindrance is one of the most fundamental civil rights enjoyed by United States citizens. However, the integrity of the election process depends on the vigilance of all who participate. Information about discrimination or election fraud should be reported immediately to my office, the FBI, or the Civil Rights Division. The Department of Justice and the U.S. Attorney’s Office will act promptly and aggressively to ensure that those who seek to undermine the integrity of the election process are brought to justice.”
United States Attorney Kacavas has appointed Assistant United States Attorney Mark Zuckerman to serve as the District Election Officer for the District of New Hampshire 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. He is also responsible for monitoring the Election Day hotline and the hotline number is (603)230-2503.
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.
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, Assistant United States Attorney/DEO Zuckerman will be on duty in this District while the polls are open. He can be reached by the public at the following dedicated Election Day hotline: (603)230-2503.
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 FBI can be reached by the public at (603) 472-2224.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or 202-307-2767.
A Federal Election Fraud Fact Sheet that explains what triggers federal criminal jurisdiction in connection with elections and voting rights is posted on the United States Attorney’s website: www.usdoj.gov/usao/nh.United States Attorneys Announces Election Day ProgramRead the Press Release
United States Attorneys Kevin W. Techau and Nicholas A. Klinefeldt of the Northern and Southern Districts of Iowa, respectively, announced today that Daniel Tvedt and Virginia Bruner will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. These Assistant United States Attorneys have been appointed to serve as District Election Officers for the Northern and Southern Districts of Iowa, and in that capacity are responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Klinefeldt 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.
United States Attorney Techau said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. 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. 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.”
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 Attorneys Techau and Klinefeldt stated that District Election Officers will be on duty while the polls are open. They can be reached by the public at the following telephone numbers: (319) 363-6333 (Cedar Rapids) and (515) 473-9300 (Des Moines).
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 (319) 366-2461 (Cedar Rapids) or (515) 223-4278 (Des Moines).
Complaints about possible violations of the federal voting rights laws 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.
- US Attorney Magidson Names SDTX Election Officer for Upcoming Election
U.S. Attorney Names District Election OfficerRead the Press Release
SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced today that Assistant United States Attorney Kevin C. Khasigian will serve as District Election Officer (DEO) for the Eastern District of California for the November 4, 2014, general elections. The DEO is responsible for overseeing complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and with the confidence that each vote will count and our elections will not be tainted by fraud,” U.S. Attorney Wagner said. “The Department of Justice will act promptly and aggressively to protect the voting rights of our citizens and the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and will combat violations whenever and wherever they occur. The Department 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 crimes such 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. Actions designed to interrupt or intimidate voters at polling places such as questioning or challenging them, photographing or videotaping them under the pretext of uncovering 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.
While polls are open on Election Day, Khasigian can be reached by the public in the Eastern District of California at the following telephone numbers: (916) 554-2700 and (916) 554-2723.
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 FBI can be reached by the public in the Eastern District of California at (916) 481-9110.
Complaints about ballot access or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or (202) 307-2767.
U.S. Attorney for Idaho Names Election Day ContactsRead the Press Release
BOISE – United States Attorney Wendy J. Olson announced today that Assistants United States Attorney (AUSAs) Jack Haycock, Ray Patricco and Nancy Cook 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. AUSAs Haycock, Patricco and Cook have been appointed to serve as District Election Officers for the District of Idaho, and in that capacity are 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 Olson 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, 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 2 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,” said Olson. “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 Olson stated that AUSAs Haycock, Patricco and Cook will be on duty while the polls are open. They can be reached by the public at the following telephone numbers: (208)478-4166 in Pocatello for AUSA Haycock; (208) 334-1211 in Boise for AUSA Patricco or (208) 676-7346 in Coeur d’Alene for AUSA Cook.
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 Boise FBI field office can be reached by the public at (208) 344-7843.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. at 1-800-253-3931 or (202) 307-2767.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” said Olson. “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.”
U.S. Attorney Ferrer Announces District Election Officer in Connection with the Justice Department’s Nationwide Election Day ProgramRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, announced today that Assistant United States Attorney (AUSA) Kimberly A. Selmore, of the Miami Office, will lead the U.S. Attorney’s Office efforts in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Selmore has been appointed to serve as the District Election Officer (DEO) for the Southern District of Florida, 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 Wifredo A. Ferrer 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, 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 Ferrer stated that AUSA/DEO Kimberly A. Selmore will be on duty in this District while the polls are open. AUSA Selmore can be reached by the public at (305) 961-9001.
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 (305) 944-9101.
Complaints about possible violations of the federal voting rights laws 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 Wifredo A. Ferrer added, “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.”
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
U.S. Attorney Appoints Contact to Handle Election ComplaintsRead the Press Release
St. Croix, USVI – United States Attorney Ronald W. Sharpe announced today that Assistant United States Attorney (AUSA) Alphonso G. Andrews, Jr. 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 Andrews has been appointed to serve as the District Election Officer for the District of the Virgin Islands, 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.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” United States Attorney Sharpe said. “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 Sharpe said that Andrews will be on duty while the polls are open. He can be reached at the following telephone numbers: (340) 773-3920 ext. 24865 or (340) 344-0503.
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 at (340) 718-7922 on St. Croix and at 340) 777-3363 on St. Thomas.
Complaints about possible violations of the federal voting laws can be made directly to the Civil Rights Division in Washington, D.C. as follows: by phone (800) 253-3931 or (202) 307-2767; by fax (202) 307-3961; by email [email protected], or by complaint form http://www.justice.gov/crt/complaint/votintake/index.php.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” United States Attorney Sharpe said. “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.”
U.S. Attorney Announces New Jersey Man Indicted for Take-Over of Government Accounts with FedexRead the Press Release
Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, announced today that Anthony Caruso, age 48, of New Jersey was indicted yesterday by a federal grand jury sitting in the Western District of Tennessee, on charges of wire fraud, conspiracy to commit wire fraud and access device fraud.
According to the 26-count indictment, Anthony Caruso was a former employee of Federal Express Corporation (FedEx) and the president and CEO of CSA Group. CSA is a New Jersey based distribution management company that negotiates shipping discounts on behalf of its customers. FedEx, the global courier and delivery service, is headquartered in Memphis, Tennessee.
The indictment states that it is the practice of FedEx to establish for its large customers what is known as a “national account.” Each national account could have sub-accounts, each with their own number so long as those sub-accounts were linked to the business holding the national account. It is also the practice of FedEx to negotiate shipping discounts for some customers who meet certain criteria. If a national account received a discount, all sub-accounts linked to the national account receive the same discount.
The United States Department of Defense (DOD) had a FedEx national account and distinct agencies of the DOD had sub-accounts linked to the national account.
The indictment alleges that beginning in November 2009 and continuing until February 5, 2011, Caruso obtained the DOD’s national FedEx account number and its sub-account numbers. Caruso then took over dormant DOD accounts at FedEx in order to access DOD’s substantial discount on shipping rates and shipped CSA customers’ goods via FedEx through the DOD account at the DOD discount rate. Caruso would allegedly charge CSA customers rates that were lower than the customers could obtain on their own, but higher than the actual cost of shipping at the DOD rate and keep the difference.
The indictment also alleges that Caruso contacted FedEx customer service agents and changed the name and billing addresses on the DOD sub-accounts so that invoices were directed to CSA Group or one of its associates.
Caruso has been charged with one count of conspiracy to commit wire fraud; 22 counts of wire fraud; and three counts of access device fraud. If convicted he faces up to 50 years in prison and a fine of up to $750,000.
This investigation was conducted by the United States Secret Service. This case is being prosecuted for the government by Assistant United States Attorney Debra Ireland.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
U.S. Attorney Announces Filing of Civil Complaint Against Local Dermatologist for Violating the Federal False Claims ActRead the Press Release
Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, announced today that a civil Complaint has been filed against Defendants Dr. George Woodbury, age 51, and his medical practice, Rheumatology & Dermatology Associates, P.C., located in Memphis, Tennessee.
The Complaint alleges that beginning in January 2008 and continuing until December 2011, Defendants engaged in various schemes to present false or fraudulent claims to Medicare for dermatological procedures. Each of these false or fraudulent claims was made by the Defendants with actual knowledge of the falsity, deliberate ignorance, or reckless disregard that fall within the meaning of the False Claims Act.
Specifically, the Complaint alleges that Defendants presented a large volume of claims to Medicare for adjacent tissue transfers or grafts that were not supported by documentation or that were medically unnecessary. In a similar scheme, Defendants presented claims for wound repairs that overstated and misrepresented the actual length of the repair. The Defendants also presented claims to Medicare that billed benign excisions as malignant; billed excisions which were not in fact excisions but instead were shavings or biopsy of tissue; and billed for unnecessary office visits. In many instances, Dr. Woodbury’s progress notes for office visits would contain cloned information from a patient’s previous visit.
The lawsuit seeks damages and penalties under the False Claims Act, 31 U.S.C. §§ 3729-3733.The False Claims Act provides the United States with a cause of action against any person who knowingly presents or causes to be presented a false or fraudulent claim for payment or approval. Damages for liability under the False Claims Act are triple the amount of actual damages suffered by the United States, plus a mandatory civil penalty of $5,500 to $11,000 for each claim. Defendants are also subject to exclusion from participation in federal health care benefit programs such as Medicare and Medicaid.
This investigation was conducted by the United States Department of Health and Human Services Office of the Inspector General and the Federal Bureau of Investigation. This case is being prosecuted for the government by Assistant United States Attorneys Stuart Canale, Larry Laurenzi, and David Brackstone.
The charges and allegations contained in the Complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
U.S. Attorney Announces District Elecion OfficerRead the Press Release
United States Attorney Michael W. Cotter announced today that Assistant United States Attorney (AUSA) Victoria Francis 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 Victoria Francis has been appointed to serve as the District Election Officer (DEO) for the District of Montana 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 Mike Cotter 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 Michael W. Cotter stated that AUSA/DEO Victoria Francis will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: 406-247-4633.
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 Billings, 406-248-8487, and at Helena, 406-443-3617.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division(s Voting Section in Washington at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Mike Cotter 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.(
- Two Charged with Selling Membership in Fake Indian Tribe
Tulsa Woman Charged with Million Dollar Cancer Treatment ScamRead the Press Release
TULSA, Okla. — The operator of a cancer treatment clinic formerly located in Owasso and Broken Arrow, Oklahoma, Antonella Carpenter, 70, appeared in federal court today before United States Magistrate Judge Paul J. Cleary to face 41 counts of fraud, announced U.S. Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. The grand jury returned the charges in a superseding indictment filed October 15, 2014. Carpenter entered a plea of not guilty to all charges.
“This prosecution demonstrates the commitment of the United States Attorney’s Office to seek justice for those most vulnerable victims of fraud who seek hope and healing after the anguish of a cancer diagnosis,” said U.S. Attorney Williams.
The superseding indictment alleges that from approximately November 2006 to December 2012, Carpenter orchestrated a scheme to obtain money from cancer patients by means of false and fraudulent representations. Carpenter claimed to be able to cure various kinds of cancer by using lasers to heat cancerous tissue injected with a mixture of saline solution and dye composed of either ordinary food dye or walnut hull extract. Carpenter called her treatment method “Light Induced Enhanced Selective Hyperthemia” or “LIESH.” The superseding indictment alleges that Carpenter made materially false claims to patients about LIESH, including that the treatments were 100% effective on any type of tissue and that they had absolutely no negative side effects. Carpenter, who is not a medical doctor, operated her clinic under the name “Lase Med.”
Counts 1 through 5 of the superseding indictment allege that Carpenter induced persons to travel in interstate commerce in an effort to defraud them of at least $5,000. Counts 6 through 39 allege that Carpenter used interstate wire communications to defraud patients. Counts 40 and 41 allege that Carpenter used the United States mails in furtherance of her fraudulent scheme.
Carpenter faces up to 10 years of imprisonment on Counts 1 through 5, and up to 20 years of imprisonment on the remaining counts, in addition to other penalties, including a forfeiture judgment in the amount of at least $1,102,160 representing proceeds obtained as a result of Carpenter’s fraudulent scheme.
The case has been investigated by the U.S. Food & Drug Administration–Office of Criminal Investigations, and is being prosecuted by Assistant U.S. Attorneys Kevin C. Leitch, Clemon Ashley and Catherine Depew.
Carpenter is a resident of Tulsa, Oklahoma. The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Antonella Carpenter
Toledo-area Men Sentenced to Prison for $24 Million Fraud Involving Iraqi CurrencyRead the Press Release
Two men from the Toledo area were sentenced to prison for their roles in the operation of a $24 million fraud scheme involving the sale of Iraqi dinar currency and non-existent hedge funds, and falsely representing that a member of their organization was a decorated Marine who was wounded in combat, announced Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of IRS Criminal Investigation, Cincinnati Field Office.
Bradford L. Huebner, 67, of Ottawa Hills, Ohio, was sentenced to 87 months in prison while Charles N. Emmenecker, 67, of Sylvania, Ohio, was sentenced to 33 months in prison.
The men were convicted of conspiracy to commit wire fraud and wire fraud following a two-week trial in May in U.S. District Court in Toledo. Huebner was also convicted on 40 additional counts of money laundering and structuring.
Rudolph M. Coenen, 47, of Jacksonville, Florida, previously pleaded guilty to crimes related to his role in the conspiracy. He was sentenced last month to more than five years in prison.
Michael L. Teadt, 68, of Maumee, Ohio, was convicted on one count of mail fraud. He was sentenced to two years of probation and ordered to pay $5,767 in restitution.
Investors lost approximately $23.8 million from dinar sales and more than $700,000 from the sale of non-existent hedge fund “seats” and “placements” as a result of the defendants’ conduct, according to court documents and trial testimony.
“The trial evidence showed that these defendants swindled many people out of their hard-earned money with grandiose fraud claims and offensive lies,” said U.S. Attorney Dettelbach. “From misrepresenting U.S. and global fiscal realities to lying about a defendant's military record, these defendants' conduct not only broke the law, but offended basic concepts of decency.”
“When you knowingly mix deceit and trickery into the financial well-being of individuals, you create a recipe for devastation that could last a lifetime,” said Special Agent in Charge Enstrom. “Today’s verdict reinforces our commitment to every taxpayer that we will identify and prosecute those who promote illegal financial transactions.”
Beginning about August 2010, Huebner, Coenen, and Emmenecker conspired to operate the “BH Group” in Toledo and “Bayshore Capital Investments” in Jacksonville in order to defraud investors through investments in the Iraqi dinar currency and two non-existent hedge funds.
The conspirators promoted the dinar and non-existent hedge funds through the dissemination of a series of material falsehoods conveyed primarily through weekly interstate conference calls and through the conspirators’ web site, according to court documents and trial testimony.
False claims included statements about the U.S. Treasury Department’s holdings of dinar and involvement in the Iraqi dinar investment market, according to court documents.
Additional material false statements made by the defendants include, but are not limited to, the portrayal of Coenen as a former vice president at JP Morgan Chase and a former Marine who was awarded the Purple Heart after being wounded in Iraq during Operation Desert Storm.
Coenen worked for JP Morgan Chase for one day as an account executive/loan officer. He never served in the first Gulf War, was never wounded in combat and never received a Purple Heart, according to court documents.
This case was prosecuted by Assistant U.S. Attorneys Gene Crawford and Matthew W. Shepherd following an investigation by the Internal Revenue Service – Criminal Investigation.
Three Louisiana Residents Sentenced for Federal Lacey Act ViolationsRead the Press Release
GULFPORT, Miss. – Ronald W. Reine, 67, Brian R. Reine, 44, Bruce A. Swilley Jr., 27, and Omni Pinnacle, LLC, all of Slidell, Louisiana, were sentenced in federal court today on violations of the Lacey Act for importing white-tailed deer into Mississippi, announced U.S. Attorney Gregory K. Davis, Special Agent in Charge Luis Santiago of the U.S. Fish and Wildlife Service and Director of Investigations Robert T. Oliveri with the Mississippi Department of Wildlife, Fisheries and Parks.
Brian Reine, who previously pled guilty to the felony offense of importing white-tailed deer, was sentenced to nine months in the custody of the Bureau of Prisons and two years of supervised release. His father, Ronald Reine, who previously pled guilty to the misdemeanor offense of importing white-tailed deer, was sentenced to three years of probation, six months home confinement and a $10,000 fine. Bruce Swilley, who previously pled guilty to the misdemeanor offense of importing white-tailed deer, was sentenced to three years of probation, nine months home confinement and a $10,000 fine. Their closely held corporation, Omni Pinnacle, LLC, pled guilty to a felony and was sentenced to five years of probation.
All defendants were ordered to pay restitution to the Mississippi Department of Wildlife, Fisheries, and Parks in the amount of $1.5 million. Each defendant forfeited all interest in the white-tailed deer, a truck and breeding facility.
In the latter part of 2012, the U. S. Fish and Wildlife Service and the Mississippi Department of Wildlife, Fisheries and Parks initiated an investigation into the illegal importation of live white-tailed deer into the state of Mississippi. Omni Pinnacle, a corporation based in Slidell, Louisiana, along with Brian Reine, Ronald Reine and Bruce Swilley, Jr., all residents of Slidell, conspired to import the white-tailed deer onto their property in Lamar County and Pearl River County, Mississippi. From 2009-2012, at least nine shipments of white-tailed deer, with a value exceeding $100,000, were released onto their property known as Half Moon Ranch and Hunter’s Bluff.
Importing live white-tailed deer and falsifying records is a violation of state and federal law. Importing live white-tailed deer can introduce Chronic Wasting Disease into the native deer herds and bovine tuberculosis and bovine brucellosis into livestock. In addition, the importation of white-tailed deer represents a great danger to Mississippi’s hunting heritage and to the $900 million economic benefit white-tailed deer provide to the state.
“The Department of Justice is committed to enforcing the Lacey Act and other federal laws to protect our wildlife resources,” said U.S. Attorney Gregory K. Davis. “This office will continue to work closely with the U.S. Fish and Wildlife Service and Mississippi Department of Wildlife, Fisheries and Parks to enforce the Lacey Act. It is my hope that the $1.5 Million payment in restitution will help mitigate any damage done by these defendants and send a strong message that the illegal importation of white tail deer into our State will not be tolerated.”
United States Fish and Wildlife Service Special Agent in Charge Luis Santiago stated, “We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. We will continue working vigorously investigating those who choose to violate state and federal laws.”
Mississippi Department of Wildlife, Fisheries and Parks Director of Investigations Robert T. Oliveri commented, “The importation of white-tailed deer into Mississippi is a violation of both state and federal law and that this sentence should act as a deterrent to others who might consider importing white-tailed deer into the state.”
This case was prosecuted by Deputy Criminal Division Chief Darren LaMarca.
Three Indicted in Stolen Identity Refund Fraud RingRead the Press Release
Tamaica Hoskins and Roberta Pyatt, of Phenix City, Alabama, and Lashelia Alexander, of Columbus, Georgia, were indicted for their roles in a stolen identity refund fraud (SIRF) conspiracy, Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department's Tax Division and U.S. Attorney George L. Beck Jr. for the Middle District of Alabama announced today following the unsealing of the indictment.
According to the indictment, in 2014, Hoskins and Pyatt obtained stolen identities and used those identities to file more than 1,000 federal income tax returns that claimed more than $4 million in tax refunds. In order to carry out their fraud scheme, Hoskins and Pyatt opened up bank accounts in order to receive tax preparation fees. In addition, Hoskins and Pyatt printed out fraudulent tax refunds using check stock provided by the financial institutions. Hoskins, Pyatt and Alexander caused the fraudulent checks to be cashed at several businesses and banks.
If convicted, the defendants face a statutory maximum potential sentence of 20 years in prison for the conspiracy to commit wire fraud count and for each wire fraud count, a statutory maximum sentence of 10 years in prison for each theft of public money count and a mandatory two-year sentence in prison for the aggravated identity theft counts. The defendants are also subject to fines, forfeiture and mandatory restitution, if convicted.
The case was investigated by special agents of the Internal Revenue Service - Criminal Investigation. Trial Attorneys Michael Boteler and Gregory Bailey of the Tax Division and Assistant U.S. Attorney Todd Brown for the Middle District of Alabama are prosecuting the case.
An indictment merely alleges that crimes have been committed and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
- Three Ft. Hood Soldiers Plead Guilty to Alien Smuggling
Swedish Hospital Agrees to Settle Claim that it Failed to Provide Effective Communication Services for Individuals who are Deaf or Hard of HearingRead the Press Release
The U.S. Department of Justice and Swedish Edmonds Hospital have entered into a settlement agreement to remedy alleged violations of the Americans with Disabilities Act (“ADA”), announced Acting United States Attorney Annette L. Hayes. The U.S. Attorney’s Office for the Western District of Washington began the investigation after a complainant, who is deaf, alleged that during an emergency room visit to the hospital for her 13-year-old son she requested a sign language interpreter, but none was provided. During the more than five hours in which her son was treated at the hospital following a severe fall, he underwent an EKG, blood draws, and stitches. Because no sign language interpreter was made available, the complainant relied upon a non-medically certified interpreter on loan from her son’s school in order to communicate with doctors and staff regarding her son’s medical treatment.
“Every parent understands the importance of being able to communicate directly with a child’s healthcare provider, especially in a hospital setting,” said Acting U.S. Attorney Annette L. Hayes. “This resolution demonstrates our unwavering commitment to protect the rights of those who are deaf or hard of hearing and to ensure that they too are able to communicate with health care professionals.”
Under the settlement reached October 10, 2014, the hospital admits no law violation, wrongdoing or misconduct but agreed to: (1) adopt policies and procedures that ensure that individuals who are deaf or hard of hearing receive auxiliary aids and/or services (including sign language interpreters when necessary) that insure effective communication; (2) train its staff on the ADA’s effective communication requirements; and (3) pay $3,000 to the complainant.
This case is a part of the Department of Justice’s Barrier-Free Health Care Initiative, which seeks to enforce the ADA’s prohibition of discrimination against disabled individuals by health care providers, including hospitals. Through the Barrier-Free Health Care Initiative, U.S. Attorneys’ offices across the nation and the Department’s Civil Rights Division target their enforcement efforts on this critical area for individuals with disabilities—access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that includes effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.
The Department of Justice has a number of publications available to assist entities in complying with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings, at www.ada.gov/hospcombr.htm. For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to [email protected].
This matter was handled by Assistant United States Attorney Christina Fogg.
Springfield Man Sentenced for Bankruptcy FraudRead the Press Release
Springfield, Ill. – A Springfield, Ill., man, Michael A. Carr, 51, of St. James Court, has been ordered to serve 10 months in federal prison for concealing assets and making false statements related to bankruptcy proceedings, as announced by Jim Lewis, U.S. Attorney for the Central District of Illinois. At sentencing, on Oct. 27, 2014, U.S. District Judge Sue E. Myerscough further ordered that Carr pay $7,750 in restitution and remain on supervised release for three years following completion of his prison sentence. Carr was ordered to self-report to the federal Bureau of Prisons as directed by the U.S. Marshals Service.
On Sept. 23, 2013, Carr pled guilty to filing a bankruptcy petition that concealed property and included false statements to discharge his debts under Chapter 7 of the U.S. Bankruptcy Code. Carr admitted that when he filed the petition, in June 2010, he concealed ownership of a motorcycle, sport utility vehicle, four all-terrain vehicles, and a pending insurance claim arising from the theft of a 1995 Harley-Davidson Softail motorcycle.
The charges resulted from a referral by the U.S. Trustee for Indiana and Central and Southern Illinois (Region 10) to the Central District of Illinois Bankruptcy Fraud Working Group. The charges were investigated by the FBI and the U.S. Postal Inspection Service. Assistant U.S. Attorney Gregory K. Harris prosecuted the case.
“Abuse of the bankruptcy system by concealing assets for personal gain threatens the integrity of the bankruptcy system and undermines public confidence in that system,” stated Nancy J. Gargula, U.S. Trustee for Central Illinois, Southern Illinois and Indiana (Region 10). “I am grateful to U.S. Attorney Lewis and our law enforcement partners for their strong commitment to combating fraud and abuse in bankruptcy cases.”
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Ind., and Peoria, Ill.
# # # #Six Sentenced to Prison on Cocaine and Crack Cocaine Trafficking Conspiracy ChargesRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr. handed down prison sentences ranging from 168 to 84 months to six defendants involved in a drug trafficking conspiracy, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. The six men each pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine and crack cocaine.
U.S. Attorney Tompkins is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division and Chief Robert C. Helton of the Gastonia Police Department.
Judge Conrad sentenced Torbent Lamont Jackson, 34, of Charlotte to 168 months in prison; James Russell Coulter, 35, of Grover, N.C., to 132 months in prison; Mario Demond Floyd, 34, of Charlotte, to 120 months in prison; Larry Donnell Erby, Jr., 35, of Gastonia, N.C to 120 months in prison; Thomas Monteres Burris, 34, of Gastonia, to 87 months in prison; and Carroll Macarthur Williams, Jr., 35, of Winston-Salem, N.C. to 84 months in prison. Each defendant was also ordered to serve five years under court supervision upon release from prison.
According to filed court documents and court proceedings, from 2002 to September 2013, in Gaston and Mecklenburg Counties and elsewhere, the defendants conspired with each other and others to distribute and to possess with intent to distribute controlled substances, including dozens of kilograms of cocaine and dozens of ounces of crack cocaine with a street value in excess of $2 million. Coulter’s and Floyd’s sentences were enhanced because of their prior criminal histories and because they possessed a firearm in furtherance of the conspiracy.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The defendants are currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The case was investigated by the FBI and Gastonia PD. Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte handled the prosecution.
Sentencings for October 23 - October 30, 2014Read the Press Release
Candelario Castro-Andraca, 54, of Mexico, was sentenced by Federal District Court Judge Scott W. Skavdahl on October 30, 2014, for illegal re-entry of a previously deported alien into the United States. Castro-Andraca was arrested in Jackson, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Daryll Giron, 27, of Salt Lake City, Utah, was sentenced by Federal District Court Judge Scott W. Skavdahl on October 23, 2014, for conspiracy to possess with intent to distribute, and to distribute, 500 grams of methamphetamine and for conspiracy to launder money. Giron was arrested in Salt Lake City, Utah. He received 102 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $200.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Joseph Richard Parry, 28, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on October 23, 2014, for being a felon in possession of a firearm. Parry was arrested in Cheyenne, Wyoming. He received 27 months imprisonment, to be followed by three years of supervised release, and was ordered a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Queens Man Arrested for Sexually Abusing Three Girls at Fort Hamilton Military BaseRead the Press Release
Federal agents arrested a Queens man earlier today on charges of coercing and enticing three minors to engage in sexual activity and sexually abusing minors. The defendant, Fausto Bonifaz, is scheduled to be arraigned later today before United States Magistrate Judge Robert M. Levy at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The arrest was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
According to a detention memorandum filed today and an indictment returned by a grand jury yesterday, the defendant sexually abused three girls, whose ages ranged from 12 to 13, at the Fort Hamilton Army Base in Brooklyn, New York. The defendant was a civilian who had been admitted to the base because he worked with a victim’s mother and had access to her house. The defendant’s actions were uncovered when, years later, one of the victims reported the abuse to a counselor. Prior to his arrest, the defendant admitted to FBI agents that he had sexually abused one of the victims and signed a written statement detailing the abuse.
“Protecting children from sexual predators is one of our highest priorities. We will not allow people such as the defendant to prey on the families of our military, and we will investigate all allegations of abuse,” stated United States Attorney Lynch. Ms. Lynch expressed her grateful appreciation to the Federal Bureau of Investigation who investigated this case.
FBI Assistant Director-in-Charge Venizelos stated, “The act of sexual abuse haunts its victims long after the crime has been committed, setting them up for a life overshadowed by despair. Today’s charges underscore our commitment to protect our children -- our nation’s greatest asset -- from this type of violence carried out by predators who seek to destroy their innocence.”
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a minimum of ten years’ imprisonment.
The government’s case is being prosecuted by Assistant United States Attorney Tiana Demas.
The Defendant:
Name: FAUSTO BONIFAZ
Age: 39
Queens, New York
Prosecutor Appointed as District Election OfficerRead the Press Release
United States Attorney Barbara L. McQuade announced today that Assistant United States Attorney (AUSA) Dawn N. Ison will lead the efforts of her Office in connection with monitoring local elections in Detroit and Hamtramck. AUSA Ison has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Michigan, 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.
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.
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 McQuade stated that AUSA/DEO Ison will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: 313-226-9567.
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 at (313) 965-2323.
United States Attorney McQuade 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.”
Complaints about ballot access problems or discrimination can also 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) 307-395, by email to [email protected].Pocatello Man Indicted on Two Counts of Bank Robbery with the Use of A Dangerous WeaponRead the Press Release
Defendant Remains a Fugitive
POCATELLO - Randy Ted Jordan, 44, of Pocatello, Idaho, and formerly of Montana, was indicted on Tuesday, October 28, 2014, by the federal grand jury on two counts of bank robbery with the use of a dangerous weapon, U.S. Attorney Wendy J. Olson announced. A warrant was issued for Jordan’s arrest and authorities are actively working to locate and arrest him.
Jordan was charged with the robbery of the Idaho State University Credit Union in Chubbuck, Idaho, on July 26, 2014, and with the robbery of the Global Credit Union in Coeur d’Alene, Idaho, on October 4, 2014. He used a gun in both robberies and took cash from bank tellers.
Bank robbery with the use of a gun is punishable by up to 25 years in prison, a $250,000 fine and three years of supervised release.
Jordan was separately indicted on September 24, 2014, in the District of Utah for one count of bank robbery with the use of a dangerous weapon for the robbery of the Bank of Utah in Ogden, Utah, on August 7, 2014.
The cases were investigated by the Chubbuck Police Department, the Coeur d’Alene Police Department, and the Federal Bureau of Investigation.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.