Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 12 September 2014
New Jersy Man Pleads Guilty to Firearms ChargeRead the Press Release
Contact: James M. Moore
Assistant United States Attorney
Tel: (207) 945-0373Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Kevin
Anderson, 46, of Mullica Township, New Jersey, pleaded guilty today in U.S. District Court to
unlawful possession of firearms.Court records reveal during a July 12, 2013 probation home check at a Moose River,
Maine residence, probation officers discovered seven firearms, including, four handguns, in the
defendant’s bedroom. The defendant was prohibited from possessing handguns because of three
prior felony convictions.Anderson faces up to ten years in prison and a $250,000 fine. He will be sentenced after
the completion of a presentence investigation report by the U.S. Probation Office.The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, the Maine Probation and Parole Office, the United States Border Patrol, the
Somerset County Sheriff’s Office and the Maine Warden Service.New Jersey Sex Offender Sentenced to 50 Years in Federal Prison for Traveling to Rhode Island to Engage in Sex Acts with A MinorRead the Press Release
PROVIDENCE, R.I. – Donald J. Jones, III, 50, of Pemberton, N.J., was sentenced yesterday by U.S. District Court Judge William E. Smith to 50 years in federal prison, having been convicted at trial in May 2012, on charges of interstate travel to engage in illicit sexual acts with a minor, aggravated sexual assault, enticement of a minor, and distribution of child pornography.
In January 2013, Jones was sentenced to a mandatory term of life in federal prison, plus an additional 10 years. The First Circuit Court of Appeals has since determined that a mandatory life sentence does not apply in this case. Jones’ sentence is announced by United States Attorney Peter F. Neronha; Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
Jones was arrested by federal agents and the Rhode Island State Police on April 8, 2011, after he traveled by bus from Philadelphia to Providence, expecting to meet with an eight-year-old girl and her father. Jones communicated for nearly three weeks via the Internet and by phone with a person he believed was the girl’s father, when in fact he was communicating with federal agents assigned to the Rhode Island State Police Computer Crimes Unit/Internet Crimes Against Children (ICAC) Task Force.
According to the government’s evidence presented at trial, on March 21, 2011, Jones posted a message on an adult Internet forum seeking a parent willing to allow him to have sex with their pre-pubescent child. The message was discovered by a postal inspector assigned to the RI ICAC who responded, posing as the father of an eight-year-old Rhode Island girl.
Jones and the agent exchanged numerous emails which evolved from the parent purporting to have an interest in allowing Jones to have sex with his daughter, to Jones at first describing and then emailing videos of child pornography in an effort to depict his intentions. They also had numerous telephone conversations, including conversations during which a female Providence Police officer posed as the young girl.
Jones was previously convicted on three occasions in the state of New Jersey for crimes against children, including child pornography and aggravated sexual assault of a child under the age of thirteen.
The case was prosecuted by Assistant U.S. Attorneys Stephen G. Dambruch and Leslie J. Kane.
The Rhode Island State Police ICAC, U.S. Postal Inspectors and Homeland Security Investigations agents in Rhode Island were assisted in the investigation by Providence Police, Homeland Security Investigations in New Jersey and the U.S. Marshals Service.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]New Haven Man Sentenced to 51 Months in Federal Prison for Illegally Possessing FirearmsRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on Wednesday, September 10, MARQUIS MITCHELL, 23, of New Haven, was sentenced by Senior U.S. District Judge Alfred V. Covello in Hartford to 51 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms.
According to court documents and statements made in court, on February 3, 2014, MITCHELL helped an associate sell a sawed-off shotgun to another individual. MITCHELL had stored the firearm in his residence. On March 28, 2014, law enforcement executed a search warrant at MITCHELL’s residence and found a loaded 9 millimeter handgun with an obliterated serial number in his bedroom.
MITCHELL has prior felony convictions for third degree burglary and first degree unlawful restraint.
On June 3, 2014, MITCHELL pleaded guilty to two counts of possession of a firearm by a previously convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Robert M. Spector.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Neo-Nazi Convicted for Sending Gruesome Threats to Florida Officials and Their FamiliesRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces today that a federal jury has found William A. White (38, Roanoke, Virginia) guilty of five counts of sending interstate threats with intent to extort and one count of using personal information without lawful authority in furtherance of a crime of violence. White faces a maximum penalty of 20 years in federal prison on each count. He was indicted on June 19, 2014. A sentencing date has not yet been set.
According to evidence presented during the trial, in May 2012, White, a self-professed neo-Nazi, sent a number of e-mail threats to Lawson Lamar, who was State Attorney for the Ninth Judicial Circuit of Florida at the time, Judge Walter Komanski, and a Federal Bureau of Investigation task force agent. These e-mails included threats to kidnap, rape, and kill the recipients’ family members, including children and grandchildren. The threats listed the home addresses of the officials, and specifically named some of Mr. Lamar's grandchildren as targets. Separate threats were also directed to Mr. Lamar's son, as well as to United States District Judge James C. Turk, who had presided over White's previous case in the Western District of Virginia.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu and James D. Mandolfo.
NYC Contractor Sentenced in Manhattan Federal Court to One Year and One Day in Prison for Tax EvasionRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that NICK A. JODHA, a/k/a “Nick Persaud,” the owner of a contracting business that provided heating, ventilation, and air conditioning (“HVAC”) services throughout the New York City metropolitan area, was sentenced in Manhattan federal court to one year and one day in prison for his role in a tax evasion scheme. JODHA pled guilty in April 2014 before U.S. District Court Judge Richard J. Sullivan, who also imposed today’s sentence.
According to the criminal Information against JODHA and statements made at the plea proceeding:
JODHA operated and was a 50% owner of United HVAC Services, Inc. (“United HVAC”), an HVAC contracting firm based in South Ozone Park, New York, with operations throughout New York City. From 2007 through 2010, JODHA cashed more than $2.3 million in checks made payable to United HVAC at a check cashing service in Manhattan, rather than depositing the business checks into the business’s corporate bank account. JODHA used the proceeds from the cashed checks for business and personal purposes.
During the same period, in order to prepare both personal and corporate income tax returns, JODHA provided his accountant with the statements from the business bank account of United HVAC. However, JODHA failed to inform his accountant of the checks he cashed at the check cashing service, which were not reflected in the statements of United HVAC’s business bank account. Moreover, JODHA failed to advise his accountant that he used a portion of the cashed checks for business and personal expenses.
JODHA admitted to filing false S-Corporation income tax returns on behalf United HVAC for the tax years 2007 through 2010, which omitted any business activity and flow-through income concerning the cashed business checks, and to filing false individual income tax returns for the tax years 2007 through 2010, which understated his true taxable income and the taxes due on that income. JODHA’s conduct caused a tax loss to the Government of approximately $214,529.
In addition to the prison term, JODHA, 43, of South Ozone Park, New York, and Kissimmee, Florida, was sentenced to two years of supervised release. JODHA was also ordered to pay $214,529 in restitution to the IRS and a $100 special assessment fee.
Mr. Bharara praised the efforts of IRS-CI in the investigation. He also thanked the U.S. Department of Justice’s Tax Division for their significant assistance in the investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Special Assistant U.S. Attorney Jorge Almonte of the Department of Justice’s Tax Division is in charge of the prosecution.
Montana Federal Prosecutor Inducted into American College of Trial LawyersRead the Press Release
HELENA-Assistant United States Attorney Joseph E. Thaggard was inducted today in London, England, into the prestigious American College of Trial Lawyers. Thaggard was inducted during the group's annual meeting, which was held in London this year.
Thaggard is currently the Criminal Chief of the District of Montana United States Attorney's Office. Membership in the College is by invitation only and involves a rigorous selection process. Fellowship is limited to one percent of the lawyers in any state, and to those who have distinguished themselves in trial practice for at least 15 years. Thaggard joins the ranks of a select group of Montana lawyers, which includes six federal court judges.
It is an honor to be nominated and I am humbled to join such distinguished company," said Thaggard. "Today represents a profound accomplishment for Joe and our office," said Michael Cotter, United States Attorney for the District of Montana. "Joe exemplifies the highest levels of what it means to be a trial attorney, prosecutor and leader. This august distinction is well-deserved and we applaud the hard work, fortitude, and countless courtroom hours that this distinction represents."
Thaggard is a graduate of the University of Montana law school, and began his practice in 1989 as a Deputy County Attorney in Richland County, Montana, and an Associate Attorney at the Sidney Law firm of Koch and Carter. From 1990 through July 2002, Thaggard served as an Assistant Montana Attorney General in the Montana Department of Justice. Since July 2002, Thaggard has served as an Assistant United States Attorney in the District of Montana United States Attorney's Office, recently becoming the office's Criminal Chief. Thaggard has prosecuted a wide variety of cases during his career, including several complex murder and drug cases. He recently convicted Robert Farrell Armstrong, aka, "Dr. Bob," the leader of a significant Bakken drug trafficking organization. Thaggard has served as trial counsel in an estimated 700 cases over the course of his career thus far.
Miami Resident Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), announce that Markinson Dolce, 25, of Miami, was sentenced today before U.S. District Judge Kenneth A. Marra to 72 months in prison, followed by two years of supervised release and ordered to pay $141,768 in restitution to the IRS.
Dolce previously pled guilty to one count of theft of government monies, in violation of Title 18, United States Code, Section 641, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to court documents, on February 2, 2012, a marked Florida Highway Patrol (FHP) unit stopped a vehicle driven by Dolce that resulted in the seizure of six debit and credit cards, a laptop computer and flash drive, a notebook (containing handwritten lists of approximately 300 individuals’ names, social security account numbers, dates of birth, and employer identification numbers), and numerous items of mail in different names listing Dolce's home address. In total, Dolce had the personal identifying information (including names, dates of birth and social security numbers) of 461 different persons in his possession. It was later determined that the debit cards contained approximately $33,000 in fraudulent federal income tax refunds from 16 different fraudulent federal income tax returns that were filed.
In total, at least 75 different fraudulent federal income tax returns were filed in an attempt to secure $545,563.00 in fraudulent income tax refunds from the United States Treasury in Dolce's scheme. All of the names linked to the fraudulent tax refunds were found in the seized notebook from the FHP car stop.
Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS. This case is being prosecuted by Assistant U.S. Attorney Stephen Carlton.
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.
Maryland Man Sentenced to 13-Year Prison Term for Sexually Abusing Three-Year-Old GirlDefendant Was Working as Contractor at Child’s HomeRead the Press Release
WASHINGTON - Juan Flores, 37, of Hyattsville, Md., was sentenced today to a 13-year prison term for sexually abusing a three-year-old girl earlier this year, U.S. Attorney Ronald C. Machen Jr. announced.
Flores pled guilty in June 2014, in the Superior Court of the District of Columbia, to a charge of first-degree child sexual abuse. He was sentenced by the Honorable Russell F. Canan. After his prison term, Flores will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life. He also is subject to deportation proceedings.
According to the government’s evidence, on May 2, 2014, Flores was a contractor who was working on a private home in Northwest Washington. Near the end of the work day, he entered the home to retrieve a power cord that had been plugged inside. The victim was at home with her infant sibling and caregiver. The caregiver was upstairs tending to the infant. Flores approached the victim and sexually assaulted her. He then got the power cord and left the house.
The child later disclosed the sexual assault to her mother. The victim’s mother called the Metropolitan Police Department (MPD), and officers and detectives were dispatched.
An MPD detective assigned to the Youth Investigations Division subsequently interviewed all of the contractors who had worked at the house that day. All of the other workers stated that only the defendant went into the house all day. The detective then interviewed Flores, who stated that he went into the house to retrieve the power cord. Flores admitted that he saw the child near him, and then confessed to sexually assaulting her. He said that he stopped the assault because his conscience was killing him and he knew that what he was doing was wrong.
In announcing the sentence, U.S. Attorney Machen commended detectives from the MPD’s Youth investigations Division and Mobile Crime Division. He also praised those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Tracey Hawkins, Paralegal Specialist Jason Manuel, and Assistant U.S. Attorney Amy Zubrensky, who investigated and prosecuted the case.
14-204Man Charged with Distributing Methamphetamine Near A PlaygroundRead the Press Release
Robert John Mueller, age 29, from Dyersville, Iowa, has been charged with two counts of distributing methamphetamine near a playground and one count of possessing pseudoephedrine for use in the manufacture of methamphetamine. The charges are contained in an Indictment unsealed on September 12, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about June 19, 2014, and on or about June 26, 2014, Mueller knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, within 1000 feet of the real property comprising a playground, namely Candy Cane Park, located on Arbor Court Drive, in Dyersville, Iowa.If convicted on all charges, Mueller faces a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
Mueller appeared today in federal court in Cedar Rapids. Mueller’s next appearance for a detention hearing is set for September 16, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Special Assistant United States Attorney Erin Eldridge and was investigated by the Dubuque Drug Task Force, which is comprised of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-1015-LRR.
Lockport Man Indicted on Gun ChargeRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Philip A. Ruiz, 24, of Lockport, NY, on a charge of being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment, on September 3, 2014, law enforcement officers executed a search warrant on a vehicle in Lockport that they believe was used in two bank robberies on July 29, 2014 and August 19, 2014. During the search, they found a 12 gauge Mossberg pump action shotgun. The vehicle belongs to the defendant’s girlfriend but it was parked at Ruiz’s residence at the time the search warrant was executed.
Subsequent investigation determined that the defendant was on probation following a 2010 conviction for Attempted Burglary in the third degree and therefore was prevented from possessing firearms.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy. Ruiz pleaded not guilty and is being held. The defendant is December 16, 2014.
The indictment is the culmination of an investigation on the part of the City of Tonawanda Police Department, under the direction of Chief William Strassburg, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the New York State Police, under the direction of Major Michael Cerretto, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Thomas S. Higgins and the Federal bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Lewis Sentenced to over 17 Years for Fort Peck MurderRead the Press Release
GREAT FALLS-A 51-year-old Brockton man who stabbed and killed a 21-year-old on the Fort Peck Indian Reservation was sentenced to more than 17 years in federal prison. Great Falls United States District Court Brian Morris sentenced David Lewis, to 210 months in prison, followed by a term of 5 years supervised release.
Lewis previously pleaded guilty to second degree murder. In an Offer of Proof filed by the government, and accessible through PACER, the government stated that if the case had proceeded to trial, it would have proven that Lewis stabbed 21-year-old victim, A.B., approximately nineteen times in the back and arm following an alleged argument between them at Lewis' house in Brockton, Montana.
The case came to law enforcement's attention after the victim was reported missing by his family on January 11, 2014. The victim was last at the residence of David Lewis in Brockton, Montana. During the search for the victim, Lewis pretended as if he did not know where the victim was and even pretended to help search for him. Upon further inquiry from law enforcement, Lewis eventually confessed that he had stabbed and killed the victim, and that the victim's body was still in his home.
Because there is no parole in the federal system, Lewis will have to serve at least 85% of his sentence before he is released from prison. The case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law & Justice Criminal Investigators. Assistant United States Attorneys Lori Suek, Laura Weiss, and Ryan Weldon prosecuted the case.
Kenmore Financial Advisor Sentenced to 5 Years in Prison for Mail Fraud and Social Security Number FraudRead the Press Release
A long-time Kenmore, Washington financial advisor was sentenced today in U.S. District Court in Seattle to five years in prison for mail fraud and Social Security Number fraud, announced U.S. Attorney Jenny A. Durkan. EDWARD H. KAHLER, 65, was the owner of Key Resources, a Kenmore, Washington retirement consulting company which sold annuities and life insurance. KAHLER used proprietary information from the company he previously represented to access customer accounts. KAHLER used that information to liquidate the customer accounts and used the money for his own benefit. KAHLER was ordered to pay more than $1 million to eight elderly victims. At sentencing U.S. District Judge Robert S. Lasnik called KAHLER a “sophisticated fraudster” and noted “he took away trust, he took away money… and now people’s lives are affected in a terrible way.”
According to records filed in the case, from 1983 to 2007 KAHLER was a financial advisor for Variable Annuity Life Insurance Company (VALIC), and was appointed by VALIC to sell its annuities. VALIC terminated KAHLER in 2007 when it discovered he was promoting competing annuities. Using information that he had in his files, KAHLER created profiles for former clients using the VALIC on-line system, and fraudulently caused VALIC to liquidate the clients’ accounts and send the proceeds to him for his personal use and benefit. In the instance described in the complaint, on Christmas Eve 2012, KAHLER liquidated the account of a client who had died in 1984, and used the $125,000 to fund a trip to Las Vegas, the payment on a BMW and other personal expenses. He also paid business expenses with the money.
In fact, one type of KAHLER’s fraud endured nearly 30 years. In 1986 one victim thought she had purchased an annuity for more than $103,000. In fact KAHLER kept the money and never purchased the annuity. Over the years KAHLER sent false statements to the purchaser indicating the value of the account. In 2008, KAHLER sent a statement stating the account was worth more than $390,000. However, in 2012 when the victim tried to access her funds, she learned no annuity had ever been purchased on her behalf. Five other victims also sent checks to KAHLER for him to purchase annuities for them. KAHLER kept the money and never invested the money as requested.
The case was investigated by the FBI, the U.S. Postal Inspection Service (USPIS), and the Social Security Administration Office of Inspector General (SSA-OIG). The case is being prosecuted by Assistant United States Attorney Justin Arnold.
Justice Department and CNCS Announce $1.8 Million in Grants to Enhance Immigration Court Proceedings and Provide Legal Assistance to Unaccompanied ChildrenRead the Press Release
The Department of Justice and the Corporation for National and Community Service (CNCS), which administers AmeriCorps national service programs, has awarded $1.8 million in grants to increase the effective and efficient adjudication of immigration proceedings involving certain children who have crossed the U.S. border without a parent or legal guardian. The grants will be disbursed through justice AmeriCorps and will enable legal aid organizations to enroll approximately 100 lawyers and paralegals to represent children in immigration proceedings. The justice AmeriCorps members will also help to identify children who have been victims of human trafficking or abuse and, as appropriate, refer them to support services and authorities responsible for investigating and prosecuting the perpetrators of such crimes.
“The increasing numbers of unaccompanied children appearing in our immigration courts present an urgent challenge: how best to conduct immigration proceedings more efficiently while maintaining our commitment to following the procedures required by law and protecting the rights of these children.” said Attorney General Eric Holder. “We are addressing that challenge by using these funds to facilitate access to legal representation for some of the most vulnerable of these children. By increasing the number of represented children, we will enhance the resources available to both the children and the courts to better serve the administration of justice in all cases.”
“Young immigrant children often enter the U.S. after a long and dangerous journey,” said CNCS CEO Wendy Spencer. “This funding will enable organizations to engage AmeriCorps members in providing critical support for these children, many of whom are escaping abuse, persecution, or violence. As a result of this partnership, AmeriCorps will play a role in improving the effective and efficient adjudication of these very difficult cases.”
The grants were awarded to Equal Justice Works, Casa Cornelia Law Center, Catholic Legal Services of Miami, Legal Services of South Central Michigan, the Massachusetts Immigrant and Refugee Advocacy Coalition, the New York Immigration Coalition, and the University of Nevada Las Vegas. Their programs will serve children in immigration court locations in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Dallas, Denver, Detroit, El Paso, Las Vegas, Miami, New York, Phoenix, San Antonio, San Diego and Seattle after justice AmeriCorps members attend a national training program later this year. The training will include immigration laws and regulations applicable to unaccompanied children; immigration proceedings practice and procedure; ethics for professionals working with children and youths; and trauma-informed and culturally-appropriate models of interacting with unaccompanied children.
“After more than a year of planning, we are pleased to see justice AmeriCorps taking flight,” said Associate Attorney General Tony West, who oversaw the development and implementation of the program for the Department of Justice. “The justice AmeriCorps program will address several important goals: enhancing the efficacy and efficiency of our immigration courts; protecting vulnerable populations; and increasing national service.”
“With the awarding of these grants, the Executive Office for Immigration Review (EOIR) will see an increase in the representation of children in immigration court proceedings,” said EOIR Deputy Director Ana M. Kocur. “This public-private partnership is the realization of creative government thinking to increase efficiencies in the immigration courts.”
For more information about the justice AmeriCorps program please visit: http://www.nationalservice.gov/programs/americorps.
The justice AmeriCorps program is a strategic partnership between the Department of Justice and the Corporation for National and Community Service to provide legal aid to vulnerable populations. This particular program responds to Congress’ direction to the Executive Office for Immigration Review “to better serve vulnerable populations such as children and improve court efficiency through pilot efforts aimed at improving legal representation.”
EOIR is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to U.S. immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
The Corporation for National and Community Service is a federal agency that engages more than five million Americans in service through its AmeriCorps, Senior Corps, Social Innovation Fund and other programs, and leads the president's national call to service initiative United We Serve. For more information, visit: www.nationalservice.gov.
Jasper County Woman Sentenced to 188 Months on Methamphetamine ChargesRead the Press Release
Follow @SDILNewsA Jasper County woman was sentenced on September 11, 2014, to over fifteen years in federal prison on methamphetamine charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Ashley M. Attaway, 29, of Yale, Illinois, was sentenced to 188 months in prison, five years’ supervised release following the prison sentence, and fined $100. Attaway had previously pleaded guilty to the charge that Attaway, David C. Halterman, 44, of Yale, Illinois, Rebecca A. Moore, 36, of Yale, Illinois, and Ricky Lee Roberts, II, 39, of Franklin, Indiana, conspired to knowingly and intentionally distribute methamphetamine.
Co-defendant Moore has pleaded guilty to the charges against her and is scheduled for sentencing on October 3, 2014. Co-defendants Halterman and Roberts are set for trial on November 3, 2014.
An Indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation in this case was conducted by the Jasper County Sheriff’s Department, the Crawford County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, and Firearms. The Jasper County State’s Attorney’s Office has assisted throughout the investigation in this case.
The case is being handled by Assistant United States Attorney George Norwood.
Jackson County Man Sentenced for Failing to Register as A Sex OffenderRead the Press Release
Follow @SDILNewsOn September 12, 2014, Willie Joe Strayhorn, a/k/a “Jo Jo,” 47, of Murphysboro, was sentenced on a one-count indictment charging Failure to Register as a Sex Offender, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Strayhorn was sentenced to 48 months in federal prison, to be followed by 3 years of supervised release, and fined $200.
The offense occurred between November 1, 2010, and September 4, 2013, in Jackson County. Evidence at the plea and sentencing hearings established that Strayhorn was required to register as a sex offender under both Illinois law and the Sex Offender Registration and Notification Act (SORNA), because of a 1993 conviction for Aggravated Criminal Sexual Abuse in Jackson County Circuit Court. Strayhorn failed to register in August 2010, and in July 2011, members of the United States Marshals Service Task Force found Strayhorn hiding in a closet in a Dyersburg, Tennessee, residence. Strayhorn had not registered in Illinois since August 2010 and never registered in Tennessee. The district judge imposed a higher sentence on Strayhorn based on his substantial criminal history, which included previous convictions for robbery, aggravated battery, domestic battery, residential burglary, burglary, forgery, possession of a controlled substance, failure to register as a sex offender, evading arrest, and theft.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was investigated by the United States Marshals Service and the Murphysboro Police Department. The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
International Wildlife Investigation Results in Charges against Five Canadian Clients for Illegal Take of Wildlife, Filing False Documents, and Wildlife SmugglingRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a joint United States-Canadian wildlife investigation has resulted in the filing of charges by the United States Attorney in Anchorage against five Canadian citizens for the illegal take and export of wildlife from Alaska to Canada.
The United States filed charges against Alberta, Canada residents Fred R. Thomson, 54, Ben J. Thomson, 32, Kelly D. Murray, 51, Colby L. Murray, 21 and Jason Clemett 42, for the illegal take of wildlife, concealing the illegal nature and take of wildlife on the guided hunts, and the illegal export of unlawfully taken wildlife.
The guided hunts, and the violations during these hunts, occurred between October 2009 and October 2011, in the Haines, Alaska area.
The charges filed are the result of an extensive joint United States-Canadian investigation. Starting in November 2012, Canada Crown prosecutors in Alberta and Yukon Territory, Canada, charged 17 subjects with 55 violations under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). These charges arose out of the illegal guided hunts charged above and the illegal import of unlawful wildlife from the United States into Canada. The Canadian trials began in June 2014.
The maximum penalty for violating the Lacey Act as charged is one year imprisonment and a $100,000 fine. Arraignment dates have not been set.
Ms. Loeffler commends the United States Fish and Wildlife Service; Alaska Wildlife Troopers; Environment Canada Wildlife Enforcement; Yukon Conservation Officer Service; Alberta Fish and Wildlife; Parks Canada; British Columbia Conservation Officer Service; and the Public Prosecution Service of Canada for the international cooperation extended in the investigation of these cases.
The filing of an Information is only a charge, and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.Importing Company’s Founder Pleads Guilty to Securities FraudRead the Press Release
On September 12, 2014, Eric Aronson, the founder and head of Permapave Industries LLC and Permapave USA Corporation (“Permapave”), pleaded guilty to securities fraud for soliciting over $30 million from more than 200 investors for fraudulent Permapave promissory notes. Permapave marketed porous paving stones in the United States that were manufactured in Australia.
The guilty plea 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 (FBI).
According to court filings and facts presented at the plea hearing, the defendant and his coconspirators issued promissory notes to investors and promised to use the proceeds to finance shipments of Permapave paving stones from Australia to the United States. In reality, the defendant, together with his coconspirators, operated a Ponzi scheme whereby some investors were paid returns on their investment from the funds the defendant obtained from other defrauded investors. From approximately August 2006 to December 2010, the defendant defrauded investors out of approximately $30 million through this scheme. The defendant and his coconspirators converted millions of dollars of investor funds for personal expenditures, including vacations, watches, jewelry, and automobiles.
“The defendant used the promise of sound securities investments to steal investor funds. He pretended to be a legitimate businessmen but he was no more than a common thief. Through his actions, the defendant caused the financial ruin of many, all the while enriching himself. This office will vigorously investigate and prosecute those who lie to, cheat, and steal from the investing public,” stated Unites States Attorney Lynch. Ms. Lynch extended her grateful appreciation to the Federal Bureau of Investigation, the agency responsible for leading the government’s investigation.
Today’s guilty plea took place before Magistrate Judge Gary Brown at the federal courthouse in Central Islip, N.Y. Aronson faces a maximum sentence of 20 years’ incarceration.
The case is being prosecuted by Assistant United States Attorney William P. Campos.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The Task Force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The Task Force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The Defendant:
ERIC ARONSON
Age: 46
Syosset, New York
E.D.N.Y. Docket No. 12-CR-245
Greenville Bank Robbery Suspects SentencedRead the Press Release
Oxford, MS: All four individuals responsible for the September 10, 2013 robbery of a bank in Greenville, Mississippi, have now been sentenced for their crimes.
Johnnie Sharp, Acting Special Agent in Charge of the Federal Bureau of Investigation (FBI) in Mississippi, and Felicia C. Adams, United States Attorney for the Northern District of Mississippi, announced that Derotha Lovette Wallace (aka DeDe Wallace), age 29; Warren Gene Williams, III, age 19; and Freddie Djuan Clark, age 26, and Wilbert Parish, Jr., partnered together to rob the Planters Bank and Trust Company, located on Washington Avenue, on Tuesday, September 10, 2013. According to witnesses, Williams, Clark, and Parish entered the bank armed with handguns and robbed the bank of a substantial sum of money. Williams and Clark were captured by Greenville police officers immediately while exiting the bank, and the stolen money was recovered. Wallace, who was to drive the get-away vehicle, turned herself in Tuesday night. Parish, who initially evaded capture, was located and arrested in Memphis, Tennessee with the assistance of the Memphis FBI, the United States Marshals Service (USMS), and the Memphis Police Department.
On November 1, 2013, Warren Williams pleaded guilty to bank robbery; brandishing a firearm during a crime of violence, and bomb threat by means of a cellular telephone. On June 18, 2014, Williams was sentenced to serve a total of 96 months in prison, to be followed by three (3) years of supervised release.
On January 4, 2014, Derotha Wallace pleaded guilty to bank robbery; possession of a firearm during a crime of violence; and bomb threat by means of a cellular telephone. On May 22, 2014, Wallace was sentenced to 36 months imprisonment, followed by three (3) years supervised release.
January 23, 2014, Freddie D’Juan Clark pleaded guilty to armed bank robbery and possession of a firearm during and in relation to a crime of violence. On June 19, 2014, Clark was sentenced to serve sixty-two (62) months in prison, followed by five (5) years supervised release.
On March 17, 2014, Wilbert Parish, Jr. pleaded guilty to armed bank robbery, brandishing a firearm during and in relation to a crime of violence, and making a bomb threat by means of a cellular telephone. On September 11, 2014, Parish, found to be the mastermind of the conspiracy, received a sentence of 162 months in prison, followed by 3 years supervised release.
This case was investigated by the FBI, and the Greenville, Mississippi Police Department, and was prosecuted by Assistant United States Attorneys Robert H. Norman and Susan S. Bradley.
Foster Mother Sentenced to Prison for Beating Infant with A Baby BottleRead the Press Release
GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on September 11, 2014, before U.S. District Judge Brian M. Morris, SAMANTHA RENEE HEADCARRIER, 24, of Browning, was sentenced to a term of 120 months in prison, three years supervised release, and a special assessment of $100.
Headcarrier was sentenced because she assaulted an eight-month old baby. In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government would have proven that Headcarrier "tossed" the baby on the bed. Headcarrier then spanked the baby and hit her on the back of the head with a baby bottle approximately two to three times. When interviewed, Headcarrier also admitted that on another occasion she hit the baby "like an adult."
Headcarrier pleaded guilty to Assault Resulting in Serious Bodily Injury and Felony Child Abuse. In this case, the United States charged a ten-year statutory minimum because the crime of violence involved a child. Congress enacted this sentencing enhancement to ensure that crimes of violence against children were treated more harshly.
In a sentencing memorandum, Weldon told the Court, "This case is tragic. Even if the mandatory minimum did not apply, the conduct is reprehensible and justifies ten years of imprisonment . . . . While it is true that Headcarrier will be forced to endure ten years of prison, that punishment is minor when compared to the baby who will likely face a lifetime of obstacles as a result of Headcarrier's actions."
Despite all of the above, the baby in this case is now with many individuals who love and provide never-ending care. For example, the current caregivers are a family involved in law enforcement and the military within the Great Falls community. In a letter to the Court, one of those caregivers described her first contact with the baby as follows:
This little angel that was no bigger than a pillow was lying on an adult-size bed, unconscious and with two tubes pumping blood out of her head. She had bruises on her face and a ventilator helping her breathe. I have already had to step away twice from typing this, even though it's brutal for me to relive this, it's even more brutal for [the Court] NOT to hear her story.
The current caregiver then described how proud she will be when the baby can "walk, talk, sit, stand, or develop cognitive skills." When that time arrives, the current caregiver told the Court that "the memory of a monster that stated, 'I hit her like an adult,' will be a distant memory."
Another individual, who works at a daycare, described her daily interactions with the baby and requested that harsh consequences be imposed on Headcarrier.
Two things you will notice about [the baby] are her ever-smiling face and the fact that her legs are constantly moving. I believe she wants to walk. She sees the other children in her room moving around on their own and she can't. She can't crawl. She can't get to the sitting position on her own. She had this taken from her.
Too many children are dying, or are crippled for life, because people can't control themselves. Well, enough is enough. People need to be held accountable for their actions. Consequences need to be harsher. [The baby's] consequences are harsh. She will never be the child she was before this happened.
The Court sentenced Headcarrier to ten years of imprisonment with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Headcarrier will likely serve all of the time imposed by the court. In the federal system, Headcarrier does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This investigation was conducted by the Federal Bureau of Investigation.
Former Visa Consultant Sentenced to 37 Months in Prison for Embezzling over $245,000 from EmployerDefendant Also Admitted Collecting Fraudulent Unemployment BenefitsRead the Press Release
WASHINGTON – Claudius Kai Kpakima, 35 of Silver Spring, Md., was sentenced today to 37 months in prison for a federal offense stemming from the embezzlement of more than $245,000 from his employer, a visa processing company, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Bryan Porter, Commonwealth’s Attorney for the City of Alexandria, Va.
In a separate scheme, Kpakima earlier admitted collecting more than $14,000 in fraudulent unemployment benefits.
Kpakima pled guilty in June 2014 in the U.S. District Court for the District of Columbia to a charge of interstate transportation of stolen property. He was sentenced by the Honorable Senior Judge Royce C. Lamberth. Upon completion of his prison term, Kpakima will be placed on three years of supervised release. Kpakima also was ordered to pay restitution of $246,191 to his former employer and another $14,615 to the District of Columbia Department of Employment Services. He also must pay a forfeiture money judgment of $163,589.
According to the government’s evidence, Kpakima worked from May 2011 until November 2012 as a visa consultant for a company identified in court documents as “Company A,” a visa processing company that focused on obtaining expedited visas for individuals and corporate clients across the United States.
Kpakima performed visa processing and expediting duties, and he was able to request money orders from his supervisors through the company’s money order machine. He was required to provide a reason to supervisors for the money orders. Between May 2011 and November 2012, Kpakima fraudulently requested more than 2,900 money orders, which he then cashed at various establishments. He gave the establishments various reasons why he had the money orders, including a false claim that he got them in return for delivering passports.
All told, Kpakima obtained and cashed $246,191 in money orders, even though he was not entitled to any of this money.
In the second scheme, between July 2011 and June 2012, while Kpakima was working for “Company A,” he received $14,615 in fraudulent unemployment benefits from the District of Columbia Department of Employment Services. On at least 35 occasions, he recertified that he was eligible for these benefits when he was in fact working at “Company A.”
Kpakima has several previous convictions for theft and related activity. His plea agreement is part of a broader resolution that includes charges filed in the City of Alexandria, Va. A court appearance there is scheduled for October 2014.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Commonwealth’s Attorney Porter commended the work of those who investigated the case from the FBI and the Alexandria, Va. Police Department. They also expressed appreciation for the assistance provided by the Metropolitan Police Department (MPD) and Assistant Commonwealth's Attorney David Lord of the Alexandria Office of the Commonwealth’s Attorney, who is prosecuting the case in Virginia. They acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Catherine K. Connelly, Deputy Chief of the Criminal Division, who assisted with forfeiture issues; Paralegal Specialist Donna Galindo, and Intelligence Specialist Sharon Johnson. Finally, they thanked Assistant U.S. Attorney Philip A. Selden, who prosecuted the case in the District of Columbia.
14-205Former Union President Pleads GuiltyTo Embezzling Funds from VA EmployeesRead the Press Release
TOPEKA, KAN. - The former president of the American Federation of Government Employees Local Union 906 pleaded guilty Monday to embezzling more than $51,000 from union members in Topeka and Waco, Texas, U.S. Attorney Barry Grissom said.
Timothy Sanchez, 40, Topeka, pleaded guilty to one count of embezzlement. In his plea, he admitted the crimes occurred while he was president of the labor union, which represents approximately 200 active members who are employed at the Veterans Administration Health Resource Center in Topeka and Waco.
While Sanchez served as president, he embezzled funds from the union by making unauthorized debit card charges for expense reimbursements, writing unauthorized checks for his own benefit, and filing false meeting minutes and annual financial reports with the Department of Labor to conceal his embezzlement.
Sentencing is set for Nov. 25. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Department of Labor Office of Labor-Management Standards investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.
Former Lohn I.S.D. Business Manager Sentenced to Federal Prison for Stealing More Than $500,000 from the School DistrictRead the Press Release
In Austin today, 58-year-old Patty E. Smith of Lohn, TX, was sentenced to two years in federal prison and ordered to pay $ 636,475.82 restitution for embezzling from the Lohn Independent School District (LISD) announced United States Attorney Robert Pitman and Special Agent in Charge R. Damon Rowe, Internal Revenue Service Criminal Investigation, Dallas Field Office.
Smith was remanded to the custody of the U.S. Marshals Service following today’s hearing to begin serving her prison term.
“Ms. Smith took advantage of her position at Lohn ISD and abused the trust of the school district and all taxpayers by stealing federal money and using it for her own purposes. IRS Criminal Investigation commends the Texas Rangers for their assistance in the investigation,” said Damon Rowe, Special Agent in Charge of IRS Criminal Investigation, Dallas Field Office. “IRS Criminal Investigation remains steadfast on focusing our efforts to ensure that these types of crimes are investigated and those abusing the public trust are held accountable.”
In June, Smith pleaded guilty to one count of tax evasion and one count of theft from an organization receiving federal funds. By pleading guilty, Smith admitted that between September 2006 and September 2012, she stole LISD funds totaling $507,075.82 and used it for her personal benefit. She also admitted to evading paying taxes on the embezzled funds, which constituted taxable income, by not disclosing it to the IRS on her yearly Income Tax returns.
According to the factual basis filed in this case, Smith did not have signature authority over any LISD financial accounts, however, she had sufficiently gained the trust of the person with signature authority to the point that that person signed blank checks for funds that Smith would subsequently complete and make payable to either “cash” or fictitious payees. Smith concealed her activities by recording false check amounts in the check register. For years 2007 through 2011, Smith’s willful evasion of taxes on the funds she stole from LISD resulted in the underpayment of income tax in the amount of approximately $129,400.
This case was investigated by special agents with the IRS Criminal Investigation with the assistance of the Texas Rangers. Assistant United States Attorney Matthew Devlin prosecuted this case on behalf of the Government.
Former Gwinnett County Lawyer Indicted for Stealing Client FundsRead the Press Release
ATLANTA – Former attorney Michael Rene Berlon has been arraigned on federal charges of mail and wire fraud.
“This defendant is charged with defrauding his own clients out of over $1.8 million,” said United States Attorney Sally Quillian Yates. “They came to him for legal help, and instead he drained their bank accounts.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Individuals relying on the professionalism and trust of individuals like Mr. Berlon should be able to turn to someone when that trust is violated. The FBI, in being well positioned to investigate such allegations involving the diversion of funds through mail and wire fraud, is that someone.”
According to United States Attorney Yates, the charges, and other information presented in court: Berlon, who practiced in Grayson, Ga., through his law firm, the Law Office of Michael R. Berlon, is charged with obtaining funds from clients of his law firm and other individuals through false pretenses. The indictment alleges that some clients provided money to him believing that he would create a trust for them, and would hold the funds in trust. Instead, Berlon used the funds for personal expenses, including to pay his American Express bill and to repay other clients.
The indictment also alleges that in one instance, Berlon obtained money from two individuals who were looking for his assistance with starting a new business. He told the victims that he would help them get a loan, but they were required to provide a percentage of the requested loan amount as a down payment. Instead of assisting them with obtaining a loan, Berlon used the funds for his personal expenses and debts. In total, it is alleged that Berlon received at least $1.8 million in client funds from 2008-2013.
Berlon, 55, of Grayson, Ga., was arraigned before United States Magistrate Judge Justin S. Anand. He was indicted by a federal grand jury on September 9, 2014.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jamie L. Mickelson is prosecuting the case.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 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 more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
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/.
Former Business Official and Treasurer of the Carterville School District Sentenced to A Year and A Day in Prison for Embezzling Funds from the Carterville School DistrictRead the Press Release
Follow @SDILNewsTodd Ryan Frazier, 32, of Grand Rapids, Michigan, was sentenced to twelve months and one day in federal prison as a result of his conviction for Embezzlement and Theft from the Carterville School District, a unit of local government that received federal funds, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Frazier was also ordered to serve two years supervised release following his release from prison, to pay restitution totaling $100,420.80, and to serve two hundred hours of community service.
“I cannot stress enough that public service is a public trust. If you violate the public’s trust, you will be punished.” said United States Attorney Wigginton.
Court documents reveal that Frazier, from August of 2008 and continuing through February of 2012, engaged in a scheme to defraud the Carterville School District, Unit 5, in Williamson County, while he was the School Business Official, which included the duties and responsibilities to act as the treasurer and payroll officer for the district. Frazier abused his position of public trust over a three and a half year period causing a loss of approximately $114,000. Although Frazier pled guilty to one count of a multiple count indictment, all of his actions in the remaining counts were considered as relevant conduct by the Court in determining the appropriate sentence to impose. There was evidence that Frazier's manipulation of the financial records of the school district caused an immense disruption and a lot of effort to rectify.
The successful prosecution is the result of an investigation conducted by the Federal Bureau of Investigation with the assistance of the Carterville School District. The case was handled by Assistant U.S. Attorney Norman R. Smith.
Florida Pastor Sentenced for Insurance Fraud ScamRead the Press Release
RICHMOND, Va. – Nathaniel A. McNeil, 46, of Pensacola, Florida, was sentenced today to 68 months in prison, followed by a three year termof supervised release, for engaging in a life insurance scheme with at least 1,249 victims. McNeil was also ordered to pay $32,835 in restitution to identified victims.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; Gary Barksdale, Inspector in Charge of the Washington Division of the United States Postal Inspection Service; and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge Henry E. Hudson.
McNeil pleaded guilty to conspiracy to commit mail fraud on June 12, 2014. According to court documents, he was the founder and president of an entity called Life Transformation Ministries International (or “LTMI”), which purported to be a non-profit, religious organization. From 2009 through August 2011, McNeil, with the help of his co-conspirator Trudi Batiste, promised LTMI members a universal life insurance policy in exchange for a one-time fee of approximately $25. To further his scheme, McNeil also attempted to defraud several insurance companies by misrepresenting in insurance applications the net worth of his ministry and that applicants were actually his employees. Ultimately, McNeil and Batiste obtained nearly $240,000 from at least 1,249 victims across the country. None of the individuals that paid the fee ultimately obtained a life insurance policy. Instead, McNeil and Batiste used the money for their own personal purposes.
Batiste pled guilty to the mail fraud on May 8, 2014, and is scheduled to be sentenced before Judge Hudson on September 30, 2014.
This case was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation. Assistant United States Attorney Katherine Lee Martin prosecuted 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-43.
Five Men Arrested, Indictedon Federal Gun Charges in KankakeeRead the Press Release
Urbana, Ill. -- Five men who were arrested yesterday on gun charges made their initial court appearances this afternoon before U.S. Magistrate Judge David G. Bernthal, as announced by U.S. Attorney Jim Lewis, Central District of Illinois. A federal grand jury returned the indictments earlier this week but the charges remained sealed pending their arrests and court appearances.
The defendants, charged in separate cases, are:
Rico J. Speed, 27, of the 1200 block of 4th Street, Kankakee, four counts of felon in possession of a firearm and one count of distribution of 28 grams or more of crack cocaine;
Antwon T. Crite, 38, of Hopkins Park, eight counts of felon in possession of a firearm;
Roosevelt D. Smith, 22, of the 1300 block of 7th Ave., Kankakee, four counts felon in possession of a firearm (four counts) and one count of possession and sale of stolen ammunition;
Charles V. Williams, 39, of the 1200 block of E. Locust St., Kankakee, one count felon in possession of a firearm; and,
Carlton Lashawn Smith, 34, of the 400 block of S. Rosewood Ave., Kankakee, one count felon in possession of a firearm.The charges are the result of ongoing investigations related to gun violence in the Kankakee area by the Kankakee Area Project Safe Neighborhoods Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Kankakee Police Department. The cases are being prosecuted by Assistant U.S. Attorney Eugene L. Miller. The Kankakee Area Metropolitan Enforcement Group, Chicago Police Department, Illinois State Police, and Kankakee County Corrections assisted with the arrests.
The five defendants were ordered to remain detained in the custody of the U.S. Marshals Service pending trial. Pre-trial conferences were set for Oct. 31, with trial dates scheduled on Nov. 12, 2014.
If convicted, each count of felon in possession of a firearm carries a statutory penalty of up to 10 years in prison. One defendant, Smith, is also charged with one count of distribution of 28 grams or more of crack cocaine, that, if convicted, carries a mandatory minimum 10 years to life in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendants are presumed innocent unless proven guilty.
# # # #Five Correctional Officers, an Inmate and A Drug Supplier Plead Guilty in Baltimore Jail Racketeering ConspiracyRead the Press Release
Correctional Officer Sentenced Today to Over Two Years in Prison
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Sean Graves, age 48, of Windsor Mill, Maryland, today to 28 months in prison followed by three years of supervised release for participating in a racketeering conspiracy that included the smuggling of drugs and contraband inside the Baltimore City Detention Center (BCDC).
Earlier this week, four former correctional officers, Angela Johnson, age 35, Antonia Allison, age 28, and Javonne Lunkin, age 29, all of Baltimore, and Kevin Armstrong, age 27, of Gwynn Oak, Maryland, pleaded guilty to participating in the racketeering conspiracy.Additionally, last week, former correctional officer Tiffany Linder, age 28, former inmate Derius Duncan, age 24, both of Baltimore, and Linnard Wortham, a/k/a “Stu,” age 29, of Pikesville, Maryland, pleaded guilty to the racketeering conspiracy. Wortham also pleaded guilty to possession with intent to distribute crack cocaine.
The guilty pleas and sentence were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Secretary Gregg Hershberger of the Maryland Department of Public Safety and Correctional Services; Baltimore Police Commissioner Anthony W. Batts; and Baltimore City State’s Attorney Gregg L. Bernstein.This case was developed as a result of the efforts of the Maryland Prison Task Force, formed in 2011 with the Maryland Department of Public Safety and Correctional Services, local, state and federal law enforcement agencies, and prosecutors. The Task Force has met regularly for over three years, generating recommendations to reform prison procedures and producing leads that have been pursued by state, local and federal criminal investigators. The investigation is continuing.
According to court documents, the Black Guerilla Family (BGF) has been the dominant gang at the BCDC, and in several connected facilities, including the Baltimore Central Booking Intake Center (BCBIC), the Women’s Detention Center, which houses many men, and in the Jail Industries Building.
Graves, Johnson, Armstrong, Allison, Linder and Lunkin were correctional officers (COs) at the BCDC who smuggled contraband into the jail for distribution by BGF inmates. Graves smuggled Percocet, marijuana and tobacco into the jail from 2011 to 2013 on behalf of BGF leader Tavon White. Graves acted in concert with other correctional officers. Johnson admitted that she smuggled drugs such as Percocet, into the jail.
Allison admitted that she worked with other COs to smuggle drugs such as Suboxone and other prescription pills as well as marijuana, into the jail. Allison knew other inmates and COs who were involved in smuggling, and in sexual relationships. Armstrong admitted that he smuggled prescription pills, marijuana, cell phones and tobacco into the jail from 2011 to 2012. Armstrong acted in concert with Allison and other correctional officers.Linder admitted that she smuggled prescription pills into BCDC for BGF inmates such as Tavon White. Linder also warned White of impending searches of BCDC and White in turn warned other BGF members. Lunkin was a CO at the BCDC Jail Industries Building in 2012 to 2013, and cooperated with others, including CO Katera Stevenson, in smuggling contraband into the jail. Lunkin knew other inmates and COs were involved in smuggling and in sexual relationships.
According to his plea agreement, Duncan is a BGF member. Duncan was in pretrial custody at BCDC from 2012 to 2013 and directed the smuggling of contraband into the jail, including cell phones, tobacco and other drugs, through COs who received payments, gifts or a share of the profits. Duncan had a sexual relationship with one of the COs involved in contraband trafficking. Duncan and his closest BGF allies frequently used others to obtain contraband outside the prison, and hold it or deliver it to COs for smuggling.
Wortham supplied contraband, including marijuana, that was smuggled into BCDC. COs such as Jasmine Thornton and Kimberly Dennis received the contraband from Wortham and then smuggled the contraband to BCDC inmates, including Duncan and Jamar Anderson. Law enforcement executed a search warrant at Wortham’s residence on November 20, 2013 and seized crack cocaine, marijuana, drug paraphernalia and $4,000.
U.S. District Judge Ellen L. Hollander scheduled sentencing for:
Wortham on January 9, 2015
Allison on January 16,
Duncan on January 23,
Linder, Lunkin and Armstrong on January 30, and
Johnson on February 6.The defendants face a maximum penalty of 20 years in prison for the racketeering conspiracy. Wortham also faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison for the drug offense.
To date, 34 of the 44 defendants charged in the conspiracy have pleaded guilty, including 21 correctional officers. One defendant has died. Trial is scheduled to begin November 17, 2014 for the remaining defendants.
U.S. Attorney Rosenstein recognized the efforts of the other members of the Maryland Prison Task Force, including: Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Chief Mark A. Magaw of the Prince George’s County Police Department; United States Marshal Johnny Hughes; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Tom Carr, Director of the Washington-Baltimore High Intensity Drug Trafficking Area; and Dave Engel, Executive Director of the Maryland Coordination and Analysis Center.
United States Attorney Rod J. Rosenstein praised the FBI, Maryland Department of Public Safety and Correctional Services, Baltimore Police Department, and Maryland Prison Task Force, for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Robert R. Harding and Ayn B. Ducao, who are prosecuting this Organized Crime Drug Enforcement Task Force case.Federal Jury Convicts Billerica Woman on Advance Fee ScamRead the Press Release
BOSTON – A Billerica woman was convicted following a five-day jury trial on wire fraud charges in connection with a bogus bank guaranty program.
Diane Glatfelter, 48, was found guilty by a federal jury of four counts of wire fraud. Glatfelter had been indicted in August 2012. U.S. District Judge Douglas P. Woodlock scheduled sentencing for Dec. 16, 2014.
In 2007 and 2008, Glatfelter engaged in scheme to defraud a young real estate businessman from California who was seeking funding for a development project. Glatfelter promised to secure a $20 million loan for him, but required him to pay $125,000 in up-front fees. The loan never materialized and Glatfelter used the money for various purposes other than to secure any funding. As part of her scam, Glatfelter set up two bogus front companies and used her unsuspecting sister to make these fronts appear legitimate.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release and a $250,000 fine on each of the four counts. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Sandra S. Bower and Christine Wichers of Ortiz’s Economic Crimes Unit and Civil Division, respectively.Federal Court Bars Louisiana Woman from Preparing Federal Tax ReturnsRead the Press Release
A federal court in New Orleans has permanently barred a La Place, Louisiana, woman from preparing federal income tax returns for others, the Justice Department announced today.
The injunction, to which Shawanda Nevers, aka Shawanda Bryant, Shawanda Hawkins and Shawanda Johnson, consented, was entered by U.S. District Judge Susie Morgan for the Eastern District of Louisiana. According to the complaint, Nevers had prepared federal income tax returns in Louisiana through a business named 3LJ’s Industrial Service Solutions LLC. The complaint alleged that she prepared returns that unlawfully understated income tax liabilities and overstated refunds through a variety of schemes.
According to the complaint, Nevers prepared returns that claimed losses by fabricating expenses for fictitious businesses or overstating expenses incurred by legitimate enterprises. The deductions for these fictitious or overstated expenses were claimed on a Form Schedule C – Profit or Loss From Business, which Nevers often included in her customers’ returns without their knowledge. The returns Nevers prepared directed the Internal Revenue Service (IRS) to deposit the resulting refunds into her account, from which she would deduct a fee before remitting the balance to her customers.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2014. The IRS has tips for choosing a tax preparer on their website. In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website.
Related Materials:
Order
Fair Haven Woman and Brooklyn, New York Man Face Federal Charges for Heroin and Crack Cocaine DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Ras Foster, 25, of Brooklyn, New York and Keisha Richards, 21, of Fair Haven, Vermont have been charged with distributing heroin and crack cocaine in the Fair Haven, Vermont area. Both pled not guilty before U.S. Magistrate Judge John Conroy. Magistrate Judge Conroy released Foster on the condition that he reside with his mother in Brooklyn, New York pending trial. Magistrate Judge Conroy ordered Richards held without bail until she was accepted into a suitable residential drug treatment program. After eight days in jail Richards was released into such a program.
The United States Attorney emphasizes that the charges contained in the Indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If Foster or Richards is convicted, each faces a maximum possible term of imprisonment of twenty years.
The United States is represented in this matter by Assistant U.S. Attorney Joseph Perella. Foster is represented by William Christman, Esq. Richards is represented by Richard Bothfeld, Esq. The investigation was conducted by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration.
Erie Man Pleads Guilty to Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.
According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014. Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.
Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.
Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014. Presley remains in custody pending sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****Erie Man Pleads Guilty to Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.
According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014. Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.
Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.
Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014. Presley remains in custody pending sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****District Man Sentenced to 35 Years in Prison for Shooting That Killed One Man, Wounded AnotherDefendant Opened Fire on Group of Young Men as They Walked Down Busy Public StreetRead the Press Release
WASHINGTON – Bernard Fleming, 23, was sentenced today to 35 years in prison for second-degree murder while armed and other charges involving a shooting on a busy public street that killed one man and wounded another, U.S. Attorney Ronald C. Machen Jr. announced.
Fleming, of Washington, D.C., was found guilty by a jury in July 2014, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the jury found him guilty of two counts of assault with intent to kill and related weapons offenses. He was sentenced by the Honorable Robert E. Morin.
A co-defendant, Joseph Peoples, 23, also of Washington D.C., was sentenced today to a year in prison for a weapons offense and tampering with evidence in the case.
According to the government’s evidence, Fleming shot the victims at about 10:30 p.m. on Saturday, July 7, 2012, in the 1700 block of Seventh Street NW. The gunfire killed Michael Jones, 30, and injured Mr. Jones’s brother.
Earlier in the day, Fleming got into a physical altercation with Mr. Jones’s brother. Fleming, Peoples, and a third individual then followed Mr. Jones’s brother to his home, banged on the door, threatened him, and demanded that he come outside. They left after Mr. Jones’s brother did not come outside, but returned about 90 minutes later - this time standing outside a window, and at one point shining a laser inside. Concerned for his safety, Mr. Jones’s brother called a friend and Mr. Jones. Soon after that, Mr. Jones, his brother, and two friends set out to try to find Fleming and Peoples to settle the dispute. They encountered Peoples outside an apartment building in the 1700 block of Seventh Street NW, and the shooting followed.
Peoples pulled out a gun. Fleming, who was standing on a balcony above Mr. Jones’s group, began shooting down on the victims. Ballistics evidence suggests that Fleming fired at least 11 shots at the group. Mr. Jones and his friend both took out guns and fired back in defense of themselves and the others in their group. Mr. Jones was struck in the back of the head and was killed almost immediately. Mr. Jones’s brother suffered graze wounds to his chest.
After the shooting, Peoples ran back inside the apartment building, met up with Fleming, and stashed the guns underneath a stairwell; one of the weapons was partially dismantled.
In addition to the sentences in this case, Fleming and Peoples also were sentenced today for their roles in a drug conspiracy that operated in the Shaw area during the summer of 2012. In that matter, Fleming was sentenced to three years and Peoples to 21 months in prison.
In announcing the sentences, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences, the District of Columbia Office of the Chief Medical Examiner, and the U.S. Secret Service. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Erin O. Lyons and Jennifer Kerkhoff; Paralegal Specialists Alesha Matthews Yette, Fern Rhedrick and Mia Beamon; Intelligence Analyst Zachary McMenamin; Litigation Technology Specialist Leif Hickling; Victim/Witness Security Specialists Michael Hailey, M. Laverne Forrest and Debra Cannon, and Victim/Witness Advocate Tamara Ince. Finally, he commended the work of Assistant U.S. Attorneys S. Vinét Bryant and Kathryn Rakoczy, who prosecuted the case.
14-203District Man Sentenced to 20 Years in Prison for Killing Man in Robbery-Victim Was Accosted While Coming Home from WorkRead the Press Release
WASHINGTON – Deandre Shaheed, 19, was sentenced today to 20 years in prison after earlier pleading guilty to second-degree murder while armed in the slaying of a man who was on his way home from work, U.S. Attorney Ronald C. Machen Jr. announced.
Shaheed, of Washington, D.C., pled guilty in July 2014 in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson. Upon completion of his prison term, Shaheed will be placed on five years of supervised release.
Two other men also pled guilty in July 2014 to charges in the case. Floyd Neal, 21, of Washington, D.C., pled guilty to one count of armed robbery and one count of carrying a dangerous weapon. Lafeyette Robinson, 21, also of Washington, D.C., pled guilty to one count of armed robbery. Neal and Robinson are to be sentenced Oct. 17, 2014.
According to the government’s evidence, on March 14, 2013, Shaheed, Neal, and Robinson decided to rob someone and armed themselves with a sawed-off shotgun. Robinson gave the shotgun to Shaheed. The group walked to the Deanwood Metro station in Northeast Washington, looking for a target.
Once there, they saw the victim, Akinwole Olu Williams, leaving the subway station. Mr. Williams, 31, who had completed his credits at Catholic University and was awaiting the formal graduation ceremony, was enroute home after work and after earlier attending a job fair. He was wearing a business suit and carrying two bags, one of which contained his job fair materials.
The group followed Mr. Williams and confronted him at about 11:40 p.m. in the 1000 block of 44th Street NE. Shaheed took the sawed off shotgun and pointed it at Mr. Williams, demanding his property. Mr. Williams resisted, and the two men wrestled over the shotgun in the street. Shaheed regained control of the weapon, pointed it at Mr. Williams, and shot him. The shot went through Mr. Williams’s job fair folder, through his hand, through his chest, and into his heart. He was taken to a hospital, but lifesaving efforts failed, and he died the following day.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, and Kendra Johnson; Intelligence Analyst Zachary McMenamin, and Litigation Services Specialist Thomas R. Royal. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Deborah Sines and Michelle Bradford, and former Assistant U.S. Attorney Reagan Taylor, who prosecuted the case.
14-202Department of Navy Employee Sentenced to Federal Prison for Stealing over $22,000 from United States NavyRead the Press Release
Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, announced today that former Department of Navy employee Donna Lorraine Brown, age 45, of Millington, Tennessee, was sentenced yesterday by United States District Judge Sheryl H. Lipman to serve eight months in federal prison followed by one year of supervised release with two months of home confinement and electronic monitoring. Brown was also ordered to pay restitution in the amount of $22,500.19 to the Department of Navy. There is no parole in the federal system.
According to the criminal information and statements made in court, Brown was an employee of the United States Department of Navy assigned to the Navy Personnel Command Onboard Naval Support Activity Mid-South in Millington, Tennessee. Her primary duties included coordinating travel and processing travel reimbursement claims for Navy families of deceased active duty sailors.
Between June 2012 and March 2013, Brown filed approximately 19 false claims for travel reimbursement with the United States Navy using the personal identifying information (such as Social Security numbers) of family members of deceased Navy sailors. She then deposited the money that she received from these false claims into banking accounts controlled by her and her family members. The Navy’s investigation revealed that Brown unlawfully collected $22,500.19 from the Navy as a result of the false claims that she filed.
This case was investigated by the United States Naval Criminal Investigative Service. Assistant United States Attorney Leetra J. Harris represented the government.
Defendant Sentenced to Prison for Theft of Government Property and Aggravated Identity TheftRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Porscha Thomas, 29, of Charlotte, North Carolina, was sentenced by United States District Judge Mark Walker to serve 45 months in federal prison. Judge Walker sentenced Thomas to serve 21 months in federal prison for theft of government property, and to a consecutive term of 24 months for aggravated identity theft. Thomas was also ordered to pay $86,402 in restitution.
Thomas’s charges stem from a traffic stop that occurred on February 8, 2012, in the Northern District of Florida. During the traffic stop, officers recovered approximately $52,194.00 in cash, 17 TurboTax debit cards in other people’s names, and receipts showing that those debit cards had been used. Further investigation revealed that fraudulently obtained income tax refunds had been loaded onto the TurboTax debit cards found in Thomas’s possession. Law enforcement was also able to obtain video footage showing Thomas using the TurboTax debit cards at a Publix Grocery Store in Crestview, Florida, and at a Walmart in Pensacola, Florida.
Ms. Marsh credited the successful prosecution of this case to the excellent investigative work and cooperative efforts of all the agencies involved. The case was investigated by the Internal Revenue Service, Homeland Security Investigations, and the Madison County Sheriff’s Office.
The case was prosecuted by Assistant United States Attorney Herbert Lindsey.
Dayton Man Pleads Guilty to Shooting at VA Medical CenterRead the Press Release
CDAYTON, OHIO – Neil Richard Moore, 59, of Trotwood, Ohio, pleaded guilty in U.S. District Court today to one count of assault with a dangerous weapon. Moore admitted to shooting an individual at the Veterans Affairs Medical Center in Dayton on May 5, 2014.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI), Dayton Police Chief Richard Biehl and Glenn Costie, Director of the Dayton VA Medical Center (VAMC) announced Moore’s plea entered today before U.S. District Judge Thomas M. Rose.
According to court documents, Moore shot an employee of the VAMC with a .38 caliber revolver after confronting him in the basement of a building at the medical center. During a struggle with employees, the handgun discharged multiple times with one shot striking the victim in the leg. Moore then allegedly fled the scene in an elevator where he encountered another individual and pointed the handgun at this person.
Moore faces a maximum sentence of ten years in prison and a possible fine of up to $250,000. He has agreed to forfeit any firearm or ammunition involved in the crime.
Moore remains in custody pending sentencing, which is scheduled for 10:30am on December 12.
U.S. Attorney Stewart commended the prompt response to the reports of the active shooter to the FBI, Dayton Police and other law enforcement agencies including the VA Police Services, Montgomery County Sheriff Philip Plummer’s Office, the Ohio Department of Natural Resources Law Enforcement Division, the Five Rivers Metro Parks Police Department, the Good Samaritan Hospital Police, and the Kettering Police Department. Assistant U.S. Attorneys Dwight Keller and Brent Tabacchi are prosecuting the case on behalf of the United States.
Convicted Sex Offender Sentenced on Child Pornography ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jerald Kicinski, 50, of East Bethany, NY, who was convicted of receipt of child pornography, was sentenced to 20 years in prison and lifetime supervised release by Chief U.S. District judge William M. Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between December 2010 and December 14, 2011, the defendant received child pornography on his computer at his residence in East Bethany. These images had been transmitted to the defendant in interstate commerce via the Internet. Kicinski was previously convicted of Sexual Abuse in the Second Degree in 2002 and Sexual Abuse in the Third Degree in 1990. Both of the defendant's prior convictions involved minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.Community Oriented Policing Services Outlines Best Practices for Use of Body-Worn Cameras for Police OfficersRead the Press Release
Today the U.S. Department of Justice Office of Community Oriented Policing Services (COPS Office) released Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned. The report analyzes some of the costs and benefits of law enforcement using body-worn video technology.
“Law enforcement agencies across the nation are contemplating how best to use body-worn cameras and these guidelines will help them weight the costs and benefits,” said COPS Office Director Ronald L. Davis. “There are many considerations when implementing a body-worn camera and this report will help chiefs and sheriffs make the best decision for their jurisdiction.”
The publication was developed jointly by the Police Executive Research Forum (PERF) and COPS through a cooperative agreement under the FY 2013 Community Policing Development Program. PERF conducted research on the use of body-worn cameras, identified promising practices and lessons learned from the field, and produced a set of guidelines for agencies interested in implement a body-worn camera program. Included in this effort was a one-day executive session with more than 200 police chiefs, sheriffs, scholars, representatives from federal criminal justice agencies, and other experts present to share experiences and lessons learned about body-worn cameras, to identify promising practices from the field, and to engage in a dialogue about the issues surrounding cameras.
The publication reviews the perceived benefits of body-worn cameras and considerations surrounding body-worn cameras before proposing a set of comprehensive policy recommendations that reflect the promising practices and lessons that emerged from PERF’s conference and its extensive discussions with police executives and other experts following the conference.
The policy recommendations cover all aspects of what a police department should consider when deciding to use body cameras including:
· Basic camera usage, such as who will be assigned to wear the cameras and where on the body the cameras are authorized to be placed;
· Recording protocols, including when to activate the camera, when to turn it off, and the types of circumstances in which recording is required, allowed or prohibited;
· The process for downloading recorded data from the camera, including who is responsible for downloading, when data must be downloaded, where data will be stored, and how to safeguard against data tampering or deletion;
· The length of time recorded data will be retained by the agency in various circumstances;
· The process and policies for accessing and reviewing recorded data, including the persons authorized to access data and the circumstances in which recorded data can be reviewed; and
· Policies for releasing recorded data to the public, including protocols regarding redactions and responding to public disclosure requests.
All COPS Office publications can be downloaded from the Resource Center and many can be ordered at no cost either through the Resource Center or by contacting the U.S. Department of Justice Response Center at 800-421-6770.
Related Materials:
COPS Office Report
Canadian National Pleads Guilty to Illegally Importing Prescription Drugs into the United StatesRead the Press Release
PITTSBURGH - A resident of Tainan, Taiwan, pleaded guilty in federal court to charges of conspiracy to commit crimes against the United States, money laundering, and wire and mail fraud, United States Attorney David J. Hickton announced today.
Taimur Khan, 32 and a Canadian national, pleaded guilty to three counts before United States District Judge Cathy Bissoon. Khan had been arrested on July 15, 2014 at Los Angeles International Airport upon his attempted entry into the United States.
In connection with the guilty plea, the court was advised that from 2004 to August, 2014, Javed Sunesra, Zuned Sunesra, and Bismilla Sunesra conspired amongst themselves and with others to import prescription drugs into the United States from India. The drugs sold by the Sunesras were not FDA approved, were not approved for sale in the United States, and were not authentic. Further, no prescription was required to obtain these drugs. Over the years, the Sunesras netted millions of dollars from their illegal enterprise. Zuned Sunesra has pled not guilty to the charges against him. Javed and Bismilla Sunesra remain at-large in India.
In early 2012, Khan joined the Sunesra’s conspiracy, and continued to work with the Sunesras until late 2013. At the time Khan joined the conspiracy, the Sunesras were having trouble obtaining payment processing for their illegal business. This presented a problem, as most consumers purchased the drugs over the Internet with a Mastercard or Visa. Hence, payment processing was a requirement for the business to remain in operation. As a result, Khan set up a fake website called “mygiftcard.biz.” The purpose of mygiftcard.biz was to make it appear to the payment processors that Khan was selling “gift cards” for merchants such as the Gap and JC Penny. In reality, the “gift cards” that Khan sold were being immediately redeemed for illegal drugs. This allowed consumers to continue to use credit cards to purchase illegal medications. This act also constituted wire and mail fraud.
Once the consumer paid for the gift card, Khan had the money from the purchase sent to him in Canada, and from there, after he subtracted his “commission,” he wired the remaining proceeds to Javed and Zuned Sunesra at their bank accounts located at the State Bank of Mauritius. After this transaction was completed, the consumer was shipped their drug product.
Judge Bissoon scheduled sentencing for Jan. 7, 2015 at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Pending sentencing, the court continued the detention of Taimur Khan.
Assistant United States Attorney Eric S. Rosen is prosecuting this case on behalf of the government. The Food and Drug Administration and the Internal Revenue Service conducted the investigation that led to the successful prosecution of Taimur Khan.
Broward Realtor Charged with Making False StatementsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that Christopher White, 43, of Fort Lauderdale, was charged with three counts of making material false statements to U.S. Citizenship and Immigration Services (USCIS), in violation of Title 18, United States Code, Section 1001(a)(3).
According to the indictment, these statements were included on White’s April 16, 2014, application for naturalization submitted to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. The indictment charged that White made the following material false statements in his naturalization application: (1) that he had never claimed to be a U.S. Citizen; (2) that he had never committed, assisted in committing or attempted to commit a crime or offense for which he was never arrested; and (3) that he had never failed to support his dependents. If convicted, White faces a maximum penalty of five years in prison, three years of supervised release and a fine of up to $250,000 for each count.
Mr. Ferrer commended the investigative efforts of the FBI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorneys Randy Katz and Thomas P. Lanigan.
An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty.
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.
Bridgeport Man Sentenced to 5 Years in Federal Prison for Distributing CrackRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LANDERS WILSON, 43, of Bridgeport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 60 months of imprisonment, followed by four years of supervised release, for his role in a southwestern Connecticut narcotics trafficking ring.
This matter stems from a six-month investigation spearheaded by the Drug Enforcement Administration and the Stamford Police Department’s Narcotics and Organized Crime Squad. As a result of the investigation, 20 individuals were charged with various federal offenses related to the distribution of cocaine and crack cocaine in Bridgeport, Norwalk and Stamford. In addition, law enforcement officers seized more than $100,000 in cash, 500 grams of cocaine, 350 grams of crack cocaine, several vehicles and jewelry.
According to court documents and statements made in court, the investigation revealed that Marvin Wooten, also known as “Smash,” of Norwalk, was operating a significant crack cocaine distribution ring in Fairfield County. Between September 2012 and January 2013, Wooten regularly purchased multi-hundred gram quantities of cocaine from various sources of supply, including individuals who were selling cocaine out of a Bridgeport barbershop. He then converted the cocaine to crack cocaine and distributed it to other dealers and customers.
Wooten referred to as WILSON as his “man.” For significant parts of the conspiracy, Wooten based his operations out of WILSON’s apartment on Hancock Avenue in Bridgeport, using the apartment to “cook” cocaine into crack cocaine, and as a base to sell crack to others. In addition to helping Wooten, WILSON sold crack cocaine to his own customers.
On July 16, 2013, WILSON pleaded guilty to one count of possession with the intent to distribute 28 grams or more of cocaine base (“crack cocaine”).
Wooten also pleaded guilty and, on May 22, 2013, was sentenced to 120 months of imprisonment.
This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force – including the Bridgeport, Stamford, Norwalk, Milford, Westport, and Stratford Police Departments, and the Connecticut State Police – and the Stamford Police Department’s Narcotics and Organized Crime Squad. The U.S. Marshals Service also assisted in the arrests of several of the defendants.
This case is being prosecuted by Assistant U.S. Attorneys Sarah Karwan and Robert Spector.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Attorney General Recognizes Outstanding Performance of Five Employees of the U.S. Attorney's Office in ColoradoRead the Press Release
WASHINGTON – Five people from the Colorado U.S. Attorney’s Office were among the 243 members of the Department of Justice recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director’s Awards Ceremony today in Washington D.C.
The District of Colorado was one of 44 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building on Wednesday, September 10, 2014.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
Assistant U.S. Attorney (AUSA) Judith Smith received an award for Superior Performance as an Assistant U.S. Attorney who works on criminal prosecutions. AUSA Smith was recognized for her for her groundbreaking child pornography trial prosecutions and appellate advocacy in United States v. Mueller, United States v. Franklin, and United States v. Sturm. As a result of her extraordinary legal and forensic work in Mueller, over 35 child victims were rescued from sexual abuse. In Franklin, AUSA Smith appears to have been the first federal prosecutor ever to obtain a guilty verdict from a jury on child pornography “advertising” charges for the use of Gigatribe software, resulting in a 100 year sentence. In Sturm, she obtained an en banc opinion from the Tenth Circuit Court of Appeals, establishing a pro-government rule for proof of interstate commerce in child pornography cases. Through her dedication and tireless work, AUSA Smith has obtained convictions and rulings that have saved dozens of children and punished their abusers.
Assistant U.S. Attorney (AUSA) Amanda Rocque received an award for Superior Performance as an Assistant U.S. Attorney who works on civil matters. AUSA Rocque was recognized for her outstanding work spearheading a highly successful initiative to pursue oil and gas companies that defraud the United States of royalty payments. AUSA Rocque mastered the complexities of how oil and gas companies should calculate royalties due for mineral resources extracted from federal land. She trained agents to detect potential royalty fraud, thereby building a base of investigative expertise. AUSA Rocque’s tenacity and careful attention to detail in these investigations has resulted in a string of multimillion-dollar recoveries for the United States and a vigorous, ongoing fraud-detection program.
Special Assistant U.S. Attorney (SAUSA) Beth Gibson, who is assigned to the U.S. Attorney’s Office from U.S. Immigration and Customs Enforcement (ICE) received an award for Superior Performance Award as a SAUSA. Gibson was recognized for her outstanding contributions to the District of Colorado, including her work on two complex cases. Ms. Gibson tried two complex cases, involving forced labor and a Hobbs Act robbery, to verdict. She also successfully resolved several complex worksite enforcement investigations. Ms. Gibson carries one of the heaviest caseloads in the Colorado U.S. Attorney’s Office Criminal Division, has taken the lead for the office on the Department’s immigration benefit fraud initiative, and has managed the national Special Assistant United States Attorney program for United States Immigration and Customs Enforcement-Homeland Security Investigations participants.
Lisa Lara received an award for Superior Performance in a Litigative Support Role. Lara was recognized for her outstanding and creative work in developing spreadsheets and databases to track and analyze complex and voluminous medical information in multifaceted health care fraud investigations. In her work as a health care fraud paralegal, Ms. Lara has consistently taken the initiative to create custom electronic mechanisms that make it possible to efficiently track and analyze data, ranging from Medicare policies to patient records. She developed several highly useful templates for tracking data that will streamline future national health care fraud investigations.
Victoria “Tori” Soltis received an award for Superior Performance in Administration. Soltis was recognized for her outstanding service as an Administrative Specialist. Over the past four years, Ms. Soltis has supported all areas of administration including overseeing the Special Assistant United States Attorney/Special Attorney Program, coordinating the upgrading of the office phone system in three offices, and reviewing numerous floor plans that saved hundreds of thousands of dollars for her district.
“The depth of talent at the Colorado U.S. Attorney’s Office is impressive,” said Colorado U.S. Attorney John Walsh. “It was an honor to join these five recipients as they were recognized by the Attorney General and the Department for their outstanding contributions to our mission. Colorado was well represented when looking at the number of districts recognized nationally.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Atlanta Man Sentenced for Interstate Transportation of 17-Year-Old Girl for ProstitutionRead the Press Release
ATLANTA – Johnathon Kelly has been sentenced to eleven years for interstate transportation of a minor for prostitution.
“This defendant took advantage of a young girl who was especially vulnerable, having run away from her home in Alabama, and exploited her for his personal gain,” said United States Attorney Sally Quillian Yates. “But she was saved as a result of the training and diligence of two state and local law enforcement officers who, during a routine traffic stop, recognized that the defendant might be sexually exploiting this child. The officers’ suspicions proved to be well-founded.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Today’s sentencing of Johnathon Kelly serves as a reminder to all that there are people like him waiting for the opportunity to exploit our nation’s youth. Today’s sentencing of Kelly also illustrates that there are dedicated law enforcement officers who are aware of this type of criminal activity and who remain vigilant in efforts toward protecting those being exploited.”
According to United States Attorney Yates, the charge, and other information presented in court: On or about November 22, 2012, Kelly drove 17-year-old R.W. from her home in Birmingham, Ala., to Atlanta, Ga. After R.W.’s arrival in Atlanta, Kelly posted photographs of R.W. on an Internet website. Using multiple Internet ads of R.W., Kelly obtained prostitution clients for the girl, both in and outside Georgia – including the states of Louisiana and Texas. Kelly caused R.W. to engage in prostitution at various hotels, including hotels in Augusta and Norcross, Ga., Bossier City, La., and Dallas, Texas.
R.W. was rescued from Kelly on January 9, 2013, after Kelly was stopped for speeding while driving on Interstate 20. R.W. was a passenger in the vehicle. A Greene County Sheriff’s deputy, who had recently undergone training in identifying human trafficking victims, and a Georgia State Patrol officer, involved in the traffic stop noticed that R.W. appeared frightened of Kelly; separated R.W. from Kelly; and, after briefly interviewing her, discovered that Kelly was causing R.W. to engage in prostitution.
Kelly, 31, of Atlanta, GA, was sentenced to eleven years in federal prison, to be followed by 20 years of supervised release. He must also register as a sex offender as a condition of his supervised release. Kelly must also pay the victim $7,500 in restitution. Kelly pleaded guilty on June 30, 2014.
The case was investigated by the Federal Bureau of Investigation, Georgia Bureau of Investigation, Greene County Sheriff’s Office, and Georgia State Patrol.
Assistant United States Attorneys Mary F. Kruger, Richard S. Moultrie, Jr., and Susan Coppedge prosecuted the case.
This case is a part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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/.
Abilene Man Sentenced to 15 Years in Federal Prison on Child Pornography Production OffenseRead the Press Release
ABILENE, Texas — A 25-year-old Abilene, Texas, resident, Johnny Ray Martinez, was sentenced on Wednesday, by U.S. District Judge Jorge A. Solis, to 15 years in federal prison on a child pornography production offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Martinez pleaded guilty in May 2014 to one count of attempted production of child pornography. He has been in custody since his arrest in February 2014 on a related criminal complaint.
According to documents filed in the case, in January and February 2014, Martinez used cell phones to communicate with a female minor whom he had previously met in person, and whose profile he had located online. He initially communicated with the girl anonymously, using alias online identities. He used Pinger, an online texting application, and Facebook, to chat online and text with the female minor. Martinez became sexually explicit with the girl, whom he knew to be 15-years-old, and on more than one occasion, he sent the girl a sexually explicit photo of himself.
After his conduct was reported to law enforcement, an investigation was initiated, during which a U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) special agent consensually assumed the identity of the female minor. Communication continued between Martinez and the person Martinez believed to be the 15-year-old girl, with Martinez again sending sexually explicit images of himself.
On February 5, 2014, Martinez used his cell phone to communicate with the person he believed to be the 15-year-old girl and asked her to send him a photograph of her genitals. Although no image was created as a result of Martinez’s request, the request amounted to an attempt by him to cause a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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 sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI and the Abilene Police Department investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
48th Conviction Caps Nearly 5-year Central Ohio Heroin ProbeRead the Press Release
COLUMBUS— Federal, state and local authorities announced the 48th conviction Friday in "Operation Buckeye Storm," a nearly 5-year multi-agency investigation responsible for dismantling a Central Ohio-based heroin trafficking organization. This final conviction caps an investigation led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Delaware County Sheriff’s Office, and the Columbus Division of Police.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations, Delaware County Sheriff Russell L. Martin, and Columbus Police Chief Kim Jacobs announced the 48th and final defendant charged, Fernando Vargas-Trigueros, who pleaded guilty in federal court Friday to charges related to manufacturing and distributing heroin.
Operation Buckeye Storm commenced in March 2010 after special agents connected a loose network of heroin traffickers who were already under scrutiny by local authorities.
Investigators found that the ring, organized around cells based in Central Ohio, used traffickers to move loads of heroin and other drugs from Mexico for subsequent sale in and around Columbus. After arriving in in the United States, the contraband, which also included cocaine and pills, was sold to distributors nationwide.
“Operation Buckeye Storm has played a significant role in combatting the sales and abuse of heroin in Central Ohio,” said U.S. Attorney Stewart. “This is a great example of dedicated law enforcement on every level.”
"Today marks an important milestone in the effort against the heroin problem that is wreaking havoc in Central Ohio," said Miller, Special Agent in Charge, HIS. "I applaud the work of the dedicated men and women in law enforcement who spent countless hours meticulously dismantling this narcotics scheme over the last five years. But our work is not done. We must continue to collaborate with our law enforcement partners as well as the treatment and prevention community on an aggressive and holistic approach to combatting this problem."
“The Delaware County Sheriff’s Office is grateful for the partnership with our colleagues at the federal level,” said Martin, Delaware County Sheriff. “As we all know, these criminal operations extend well beyond any specific jurisdictional boundary. With the combined resources at the local, state and federal level we can have a more significant impact on the illegal trafficking and distribution of heroin. We are all acutely aware of the quality of life impact heroin and opiate abuse is having in our communities.”
“Dedication and teamwork led to the investigation and convictions of heroin dealers who fueled the heroin epidemic in Central Ohio,” Columbus Police Chief Jacobs said. “The Columbus Division of Police hopes with these convictions, we’ve made a dent in the trade and severed the supply for heroin addicts, many who want to overcome their addiction.”
In addition to the convictions of 48 individuals involved in the scheme, authorities seized nearly a half million dollars in cash, nearly 9,000 grams of heroin, 43 grams of cocaine, 14 firearms and other contraband.
In total, the first 47 individuals convicted have been sentenced to 1,842.5 months, or 153 years, imprisonment for the drug related charges.
U.S. Attorney Stewart commended the cooperative investigation by the HSI, Delaware County Sheriff and Columbus Police, and the Assistant U.S. Attorneys who have prosecuted the cases.
30, 20 and 10 Year Sentences Handed Down for $37 Million Ponzi SchemeRead the Press Release
SACRAMENTO, Calif. — Three Sacramento-area residents were sentenced today for their roles in the Diversified Management Consultants Ponzi scheme, United States Attorney Benjamin B. Wagner announced. Christopher Jackson, 46, of Elk Grove, was sentenced to 30 years in prison; Michael Bolden, 60, of Sacramento, was sentenced to 20 years in prison; and Victor Alvarado, 53, of Sacramento, was sentenced to 10 years in prison.
United States District Judge Troy L. Nunley sentenced each defendant during a daylong hearing in which he heard from many defrauded investors and an FBI forensic accountant. At the end of the day, the court determined that three remaining co-defendants will be sentenced at a later date. After hearing from victims, Judge Nunley characterized the scheme as outright greed saying, “When you had an opportunity to stop, even when it involved your own family members, you didn’t. This is one of the worst fraud schemes I have ever seen.”
According to court documents, between 2003 and 2009, Diversified Management Consultants (DMC) purported to help people invest money in real estate development and save their homes from foreclosure. In reality, DMC was an investment fraud scheme that defrauded at least 240 people out of approximately $36,950,000. The defendants ran various investment clubs under the DMC umbrella. They induced people to invest their ordinary savings, tax-deferred retirement savings, and the proceeds of cash-out residential loan refinancing. They told investors that their money would be used for purchasing property and building structures for a real estate venture. In fact, victim money went to pay other investors’ bogus returns on investment and to pay for the defendants’ personal expenses, including luxury lifestyle expenditures. Even as DMC was failing, Bolden urged his subordinate club presidents to recruit still more investors to “keep the lights on” by using new funds to pay returns to earlier investors.
Bolden was the president of DMC and pleaded guilty to one count of wire fraud. This was not Bolden’s first federal fraud conviction. In 1994, Bolden was sentenced to 21 months in prison for conspiracy, loan fraud, and securities fraud in connection with an earlier investment fraud scheme.
Jackson was the president of Genesis Innovations. The only defendant to go to trial, a jury convicted him of six counts of wire fraud. The evidence at trial established that out of the $10 million he took from 80 investors, Jackson invested no more than about $2.5 million in developing real estate. He used the rest to pay false returns to other investors and to live in a way that he himself compared to an entertainment or sports star. Jackson used the Genesis Innovations account to obtain a Lamborghini, a Rolls Royce, a BMW, and a Range Rover. He employed a personal chef and a bodyguard who at times carried Jackson’s cash for him in a metal briefcase. Jackson took an entourage of guests on annual trips to Las Vegas where they joined him at the finest hotels and restaurants. He used over $1 million from his investment club account to go shopping, buy jewelry, and to landscape his house.
Alvarado was the president of Equishare. Alvarado pleaded guilty to one count of conspiracy and one count of making false statements. Alvarado was the one who found a way for DMC to have access to victims’ tax-deferred retirement accounts through a third-party self-directed IRA administrator. When interviewed by the FBI about his involvement in DMC, Alvarado lied.
Garry Bradford, 65, of Sacramento, was the president of Millenium Capital Group. Bradford pleaded guilty to four counts of wire fraud. He used victim money for Ponzi payments and also for gambling at area casinos. His sentencing is set for September 18, 2014. Nicholo Arceo, 41, of Sacramento, was the president of Envision. He pleaded guilty to conspiracy. His sentencing is set for October 2, 2014. Erica Arceo, 46, of Sacramento, was an in‑house attorney at DMC. She pleaded guilty to conspiracy and is no longer eligible to practice law. Her sentencing is set for September 18, 2014.
“Bolden, Jackson and their co-defendants cruelly took advantage of their victims, extracting from many of them a lifetime of hard-earned savings,” said U.S. Attorney Wagner. “They may have destroyed his victims’ dreams of financial security in retirement, but their own retirement in federal prison will be considerably worse.” U.S. Attorney Wagner cited the outstanding work of FBI Special Agent Richard Snodgrass as critical to dismantling the complex investment fraud scheme, which required the analysis of dozens of bank accounts and interviews of scores of victims of other witnesses.
“This egregious crime siphoned funds from investors to support the criminals’ lavish lifestyles and keep the Ponzi scheme afloat instead of fulfilling the promise of substantial return on their investments. As this case demonstrates, potential investors must carefully research both the investment and the people who are soliciting funds prior to investing in any opportunity. If it sounds too good to be true, many times it is,” said Assistant Special Agent in Charge John Gliatta of the FBI’s Sacramento division. “The FBI is committed to identifying and investigating those who abuse trust to commit large-scale fraud to ensure that such criminals will face justice.”
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Matthew D. Segal and Jared C. Dolan prosecuted the case.
This case was done in connection with the President’s Financial Fraud Enforcement Task Force that was established 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. For more information on the task force, please visit www.StopFraud.gov.
Thursday 11 September 2014
York Man Indicted for Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury sitting in Harrisburg, Pennsylvania returned a superseding indictment yesterday against Daniel Curran, age 40, of York. The superseding indictment charges Curran with Production of Child Pornography, Receipt of Child Pornography and Possession of Child Pornography.
According to United States Attorney Peter Smith, Curran sexually assaulted a nine year old boy on multiple occasions and recorded the assaults of the child. In addition, the FBI located over 40,000 images of child pornography on Curran’s computer and thumb drives. Curran also purchased and received dozens of videos containing child pornography through the mail.
If convicted, Curran faces a maximum sentence of up to 70 years imprisonment, a mandatory minimum of 15 years imprisonment on the Production offense and a 5 year mandatory minimum on the Receipt offense, as well as a $750,000 fine.
This investigation was conducted by the Federal Bureau of Investigation and the Northern York County Regional Police Department. The case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
United States Settles False Claims Act Allegations Against Florida-Based Sleep Clinic and Two Physicians; Joins Lawsuit Against Two Additional DoctorsRead the Press Release
Jacksonville, Florida - The United States has formally settled part of, and joined in part of, a lawsuit brought by a whistle-blower that alleges a Northeast Florida based sleep clinic intentionally billed the government for millions of dollars of services that were not medically necessary, and, in some instances, were never actually performed. The qui tam complaint, filed by a former employee of the clinic, alleges that the defendants – a sleep clinic and four physicians – violated the False Claims Act (FCA) by knowingly submitting false claims to the government for payment.
The government announced today that it had reached a settlement with the primary defendant, the Sleep Medicine Center, and two physicians – Dr. Hubert Zachary and Dr. George Restea. In reaching this settlement, the parties resolved allegations that, from January 1, 2010, until November 13, 2013, Zachary ran the Sleep Medicine Center, a clinic that treated patients for sleep-related disorders. Rather than treat patients in accordance with Medicare and TRICARE regulations, the United States contended that Zachary and the Sleep Medicine Center submitted claims for polysomnographic sleep studies and psychological testing that were not medically necessary, were not conducted by appropriately licensed individuals, or were not actually performed. Further, the United States alleged that, while Restea agreed to act as the Medical Director of the Center, he failed to properly supervise the center as he agreed to do. The Sleep Medicine Center agreed to pay $200,000 to resolve the claims and both the Center and Zachary voluntarily agreed to be excluded from participation in the federal healthcare programs for 8 years. Restea agreed to pay nearly $100,000 to resolve the claims.
Today’s actions mean that the government will move forward against remaining defendants Dr. John DeCerce and Dr. George Young. The government contends that these individuals also agreed to act as medical directors and staff physicians. While these doctors certified that they would supervise the clinic, the government alleges that the doctors merely lent their names in exchange for compensation. But for these physicians’ involvement, the lawsuit alleges, the Sleep Medicine Center would not have been able to bill the federal healthcare programs. For example, the government alleges that Dr. Young signed Durable Medical Equipment orders for patients that he never saw and Dr. DeCerce sleep study interpretations even when the machines allegedly performing the approved studies were broken.
This lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Donna Nichols, a former employee at the clinic. Under those provisions, a private party, known as a relator, can file an action on behalf of the United States and receive a portion of the recovery. Nichols will receive more than $60,000 as part of today’s settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Department of Justice along with the Department of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered more than $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit against the defendants was filed in the U.S. District Court for the Middle District of Florida and is captioned United States ex rel. Nichols v. Sleep Medicine Center et al.
United States Attorney’s Office Announces Indictments of Four Marion County Men on Violent Crime ChargesRead the Press Release
The four men account for 12 prior felony convictions and represent the worst-of-the-worst
INDIANAPOLIS – Josh J. Minkler, the Acting United States Attorney, announced today the federal indictments of four Marion County men for violent crimes committed in Indianapolis this summer. The defendants include:
Joe Jones, 33, Indianapolis, felon in possession of a firearm
Jacques Boyd, 24, Indianapolis, felon in possession of a firearm
Shane Schmutte, 30, Indianapolis, felon in possession of a firearm
William Ballard, 25, Indianapolis, two counts, robbery involving a controlled substance“Using the federal hammer to prosecute violent criminals, has been and will remain the top priority of this office,” said Minkler. “Working with our Federal and Indianapolis Metropolitan Police Department partners, we will continue to use every resource possible to make our communities safer.”
The Jones indictment alleges that on May 2, 2014, he was found to be in possession of a 9mm handgun. Jones is a convicted felon, and therefore is not legally entitled to possess a firearm. His extensive criminal history includes felony convictions in Marion County for multiple robberies, battery, and possession of a firearm by a serious violent felon. According to state court documents, Jones was stopped by an IMPD officer for a traffic violation. Jones fled the scene of that stop in the vehicle he was driving, striking other vehicles in the process. An officer observed Jones throw the handgun from his vehicle and once the pursuit ended, recovered the weapon.
The Boyd indictment alleges that on July 3, 2014, he was found to be in possession of a .40 caliber handgun. Boyd’s criminal history includes convictions in Marion County for felony burglary, auto theft, battery, and resisting law enforcement. According to state court documents, Boyd was driving in the area of 30th Street and Emerson Way when he pointed a firearm at occupants of a second vehicle. Once IMPD officers made contact with Boyd, they determined that he had the handgun in his waistband.
The Schmutte indictment alleges that on August 5, 2014, he was found to be in possession of a .40 caliber handgun. Schmutte’s criminal history includes felony convictions in Marion County for multiple robberies and burglary. According to state court documents, Indianapolis Metropolitan Police Department officers were dispatched to the 6300 area of the Monon Trail. As officers approached a group of individuals believed to be involved in the disturbance, Schmutte was observed walking away from the group. An IMPD officer observed Schmutte remove a pistol from his waistband and throw it in the nearby canal. The Indianapolis Fire Department Dive Team recovered the weapon from the canal.
The Ballard indictment alleges he entered two Indianapolis CVS Pharmacies in May of this year and robbed them of Percocet tablets. In both robberies, he approached the pharmacy counter and presented the employee there with a note demanding the narcotic. In one robbery, he verbally threatened that he had a gun and placed his hand in his pocket as if to imply he had a weapon.
FBI Special Agent in Charge (SAC) W. Jay Abbott recognized the dedicated FBI Special Agents, IMPD Officers and Assistant United States Attorney's for their concentrated efforts in identifying and arresting individuals that commit or threaten force, violence, or fear while engaging in heinous illegal activities. “Our law enforcement partnerships are essential in combating violent street crime and ensuring our neighborhoods remain safe,” said Abbott.
“I would like to thank the Indianapolis Metropolitan Police Department for their diligent work on these cases,” stated ATF Special Agent in Charge Michael Boxler. “It is a positive collaboration when ATF works with our law enforcement partners to remove violent criminals from our community.”
Indianapolis Metropolitan Police Chief Rick Hite said, “I am very pleased with the relationship we enjoy with U.S. Attorney’s Office in pursuing criminals who illegally possess firearms. We will continue to aggressively arrest and prosecute anyone who disrupts the safety of our communities.”
The United States Attorney’s Office just last week, hosted the Attorney General’s Advisory Committee meeting in Indianapolis. The goal of the meeting was to have United States Attorneys from around the country make recommendations on best practices to help reduce violence and help make our communities safer. One recommendation was to focus on the most violent offenders and use federal prosecutorial tools keep them off our streets. “We took those recommendations seriously and have demonstrated our resolve to help reduce violent crime,” said Minkler.
According to Special Assistant U.S. Attorney Thomas Lupke, who is prosecuting three of the cases for the government, Schmutte and Jones face from fifteen years to life in federal prison if convicted. Boyd faces 10 years if convicted. According to Assistant United States Attorney Jeffrey D. Preston who is representing the government in the Ballard case, he faces up to 20 years if convicted.
An Indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.