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Tuesday 2 September 2014
Houston Lake Man Sentenced for Child PornRead the Press Release
Project Safe Childhood
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Houston Lake, Mo., man was sentenced in federal court today for possessing child pornography.
Carlos J. Scott, 47, of Houston Lake, was sentenced by U.S. District Judge Dean Whipple to five years in federal prison without parole.
On Jan. 29, 2014, Scott pleaded guilty to possessing child pornography.
The investigation began when the victim, identified as “Jane Doe,” reported past sexual molestation by Scott to the Kansas City, Mo., Police Department on Sept. 4, 2011. In a later interview, Jane Doe stated that Scott sexually molested her from the time she was six years old until the age of 12. Jane Doe also stated that Scott left pornography open on the computer and that he had photographs of his penis on the computer, which he would leave in places he knew she would access while using the computer. She also reported that Scott regularly exposed himself to her.
A 12-year-old cousin of the child victim was also interviewed. She repeated Jane Doe’s statements about pornography being left open on Scott’s computer.
Law enforcement officers executed a search warrant at Scott’s residence and seized his laptop computer. They also seized a desktop computer from the home of Scott’s parents, where he had lived during most of the time that the sexual abuse of Jane Doe occurred. Scott had used the computer while living with his parents.
Among the files found on Scott’s computer were images of possible child pornography and erotica as well as multiple photos of young girls playing. Detectives showed Jane Doe several of the photographs; she became emotional and identified herself in the series of photographs. Child pornography and erotica also were located on the parent’s computer. According to today’s plea agreement, there were between 10 and 150 images of child pornography.
This case was prosecuted by Assistant U.S. Attorney Teresa A. Moore. It was investigated by the Kansas City, Mo., Police Department.
Project Safe Childhood
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."Highland Park School Board MemberPleads Guilty to Conversion of School FundsAnd Filing False Income Tax ReturnRead the Press Release
Robert Davis, 34, of Highland Park, Michigan, a member and former President of the Highland Park School Board, pleaded guilty today to unlawful conversion of funds belonging to the Highland Park School District and to filing a false federal income tax return, United States Attorney Barbara McQuade announced.
The guilty plea was entered before Senior United States District Judge Arthur J. Tarnow.
McQuade was joined in the announcement by Paul Abbate, Special Agent in Charge of the Federal Bureau of Investigation, and Jarod Koopman, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation.
Information provided to the court at the guilty plea proceeding showed that from 2007 through 2010 Davis used his authority as a member of the school board to cause the school district to issue checks to companies controlled by associates of Davis – Company Z and Company D. Those companies then, at Davis’s direction, issued checks totaling almost $200,000 to another entity, controlled by Davis himself: Citizens United to Save Highland Park Schools. Davis then used those funds for his own personal purposes. Thus, through this scheme, he unlawfully converted the funds. In addition, Davis knowingly and intentionally failed to report the income he received on his federal income tax returns.
United States Attorney McQuade stated, “"Any betrayal of the public trust is deplorable, but stealing from schools is the most reprehensible kind of corruption because it robs children of their education."
“As a public official, Mr. Davis used Highland Park school funds for his personal enrichment. He not only violated the law, he betrayed the public trust. This case sends a clear message that the Internal Revenue Service – Criminal Investigation will continue to work with its law enforcement partners to investigate those who destroy that confidence and hold them accountable for their actions,” said Acting Special Agent in Charge Jarod Koopman.
Under the terms of a plea agreement, Davis is subject to up to 24 months imprisonment, as well as up to a $500,000 fine and full restitution as determined by the court. Sentencing is scheduled for December 9, 2014, at 2:00 p.m.
The case was investigated by the FBI and IRS CI. The case was prosecuted by Assistant United States Attorneys Sheldon N. Light and Dawn N. Ison, and former AUSA Pamela Thompson.Four Family Members Charged in Multistate Conspiracy to Sell Counterfeit Erectile-Dysfunction DrugsRead the Press Release
FRESNO, Calif. — Four family members have been charged with conspiring to traffic in counterfeit erectile dysfunction drugs, United States Attorney Benjamin B. Wagner announced.
On August 28, 2014, a federal grand jury in Fresno returned an indictment charging Holly Gitmed, 38, of Riverbank in Stanislaus County, her ex-husband John Gitmed, 52, of Los Angeles; his daughter Felicia Gitmed, 23, of Los Angeles; and his nephew Anthony Pollino Jr., 36, of Los Angeles, with a conspiracy to traffic in counterfeit goods and commit mail fraud and with trafficking in counterfeit goods.
According to court documents, between February 9, 2012, and February 27, 2014, the defendants ran a business called the “California Confidence Company” that bought counterfeit copies of the erectile-dysfunction drugs Viagra®, Cialis®, and Levitra®, along with genuine looking packaging from foreign suppliers and middlemen, including suppliers based in China. They posted online advertisements and sold the counterfeit drugs to consumers throughout California, in the Las Vegas area, and in other states. The defendants advertised the sale of “genuine” erectile dysfunction drugs, and sold the drugs in person or shipped them to customers who responded to the advertisements.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Michael G. Tierney is prosecuting the case.
If convicted, the defendants each face a maximum statutory penalty of 10 years in prison and a $2 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former Pediatric Oncology Resident Sentenced for Child Pornography DistributionRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David H. Scanlan III, formerly of Harrisburg and currently of Bentonville, Virginia, and a former pediatric oncology resident at Penn State Hershey Medical Center, was sentenced to five years in federal prison for distribution of child pornography. The sentence was imposed by U.S. District Judge John E. Jones III in Harrisburg. Following his prison term, Scanlan will be on supervised release, for 20 years. He was also ordered to pay restitution in the amount of $20,000.
According to U.S. Attorney Peter Smith, due to concern about Scanlan’s access to minor children through his job, the Government agreed that it would recommend the statutory mandatory minimum five-year prison sentence if Scanlan would submit to a polygraph examination on the issue of contact with minors, and was found by the examiner to be not deceptive. Scanlan underwent that polygraph examination and was found to be not deceptive. The Government emphasized that the recommendation was based on the facts and circumstances of this particular case.
Based on the plea agreement and information submitted by Scanlan’s attorney at the sentencing hearing, Judge Jones found that the sentence called for under the advisory guideline range was not necessary in this case, adopted the recommendation of the Government and remanded Scanlan to the custody of the United States Marshals Service to begin serving his sentence immediately. The investigation was conducted by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI). The case was prosecuted by Assistant U.S. Attorney James Clancy.
Former Owner of Penn Hills Lodge Sentenced for Filing False Pension DocumentsRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced today Charles A. Poalillo, Jr., age 81, of Monroe County, Pennsylvania, was sentenced in U.S. District Court in Scranton to 3 years’ probation for filing false documents related to Penn Hills Lodge pension funds.
According to United States Attorney Peter Smith, Poalillo was the former owner of Penn Hills Lodge, Inc., a Pocono honeymoon resort located in Analomink, Pennsylvania. While he operated Penn Hills Lodge and related businesses, Poalillo borrowed approximately $1 million from two pension funds. In September 2013, he entered a guilty plea before U.S. District Court Judge Edwin J. Kosik to falsely reporting the security of these assets to the United States Department of Labor. Pursuant to a guilty plea agreement filed with the information, Poalillo agreed to attempt to make full restitution by the time of sentencing.
At today’s sentencing, attorneys for Poalillo reported to the court that his personal and business assets had been liquidated and the assets are being transferred to the United States Clerk of Court’s office for restitution to the victims. Judge Kosik cited the full restitution as well as the defendant’s health conditions as factors warranting a probationary sentence.
The United States Department of Labor’s Employee Benefits Security Administration and the Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, conducted the investigation. The Monroe County District Attorney’s Office initiated the investigation and assisted the federal authorities. Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
Former Bank Employee of U.S. Bank Pleads Guilty to Bank FraudRead the Press Release
Follow @SDILNewsCynthia L. Palmer, 45, of Alton, Illinois, entered a plea of guilty to bank fraud in a scheme to defraud and embezzle from U.S. Bank, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Palmer faces a prison sentence of up to 30 years, a fine of up to $1,000,000, and up to 5 years’ supervised release after serving her sentence and mandatory restitution. Sentencing has been scheduled for December 15, 2014.
As part of the plea, Palmer was employed by U.S. Bank at the Bethalto Airport Branch in Bethalto, Illinois, as a Universal Banker. Palmer admitted she made unauthorized debits on customer’s accounts. Palmer principally targeted older individuals to take unauthorized activity on their accounts with customers' ages ranging from 65 to 96. Palmer was terminated by U.S. Bank effective December 12, 2013. Palmer caused a direct loss of $105,827.62.
The successful prosecution is the result of an investigation conducted by the U.S. Secret Service with the assistance of U.S. Bank. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Federal Grand Jury Hands up Two-Count Indictment Charging Buffalo Man with MurderRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that the grand jury handed up a two-count indictment charging Tre Smitherman, 21, of Buffalo with committing a murder in aid of a racketeering enterprise and possessing and using a firearm in furtherance of this murder.
According to Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi, who are handling the case, Smitherman is accused of shooting Charles Myles-Jones to death during the early evening hours of November 29, 2010, while Myles Jones was working at the Super-Stop Food Mart at the Corner of Kensington and Thatcher Avenues. According to the indictment, Smitherman, who was only 17-1/2 at the time of the alleged homicide, murdered Myles-Jones to prove himself in order to gain entry into the Bailey Boys, a criminal gang that sold crack cocaine and other controlled substances, committed robberies and engaged in acts of violence in an area of the city bounded roughly Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. Smitherman, who had originally been charged under rarely used federal juvenile statutes, had his prosecution transferred to adult status by order of Chief United States District Judge William M. Skretny.
Mr. Bruce stated that the government will now move to join Smitheman’s indictment with the indictment pending against 10 other alleged members of the Bailey Boys so that the cases can be tried together.
Smitherman faces up to life in prison and a $250,000 fine on each of the two counts upon conviction. He is in custody and will be arraigned by Magistrate Judge Jeremiah J. McCarthy Tuesday, September 2.
The case was investigated by the Federal Bureau of Investigation and Detectives of the Buffalo Police Department under the direction .Commissioner Daniel. Derenda and will be tried by Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi.
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.Essex County, N.J., Man Charged in Armed Robberies of New Jersey HotelsRead the Press Release
NEWARK, N.J. – An Orange, New Jersey, man was taken into federal custody today and is expected to make his initial court appearance this afternoon for allegedly committing six armed robberies of New Jersey hotels, U.S. Attorney Paul J. Fishman announced.
Tremone Burnett, 42, is charged by complaint with six counts of committing a Hobbs Act robbery and one count of using a firearm during a crime of violence. He was previously charged with related offenses by the Essex County Prosecutor’s Office and has been in state custody. Burnett is expected to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to the complaint unsealed today:
From May 9, 2014, through June 19, 2014, Burnett robbed at least six New Jersey hotels at gunpoint: in Carteret, Lebanon, Newark, Rockaway, and Secaucus. In each of the robberies, Burnett pointed a handgun at a hotel employee and, in some instances, tied the victim’s hands and feet. During the course of the robberies, Burnett also variously stole uncashed employee checks, safe deposit boxes, an ATM, and a personal credit card in addition to cash.
The Hobbs Act charges each carry a maximum penalty of 20 years in prison. The charge of brandishing a firearm during a crime of violence carries a maximum penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other prison term. Each count also carries a maximum fine of $250,000, or twice the gross gain or loss from the offense.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s charges, along with the Essex County Prosecutor’s Office and Newark Police Department. He also credited the Carteret, Edison, Lebanon, Rockaway, Parsippany, Weehawken and Woodbridge Township police departments in New Jersey; and the Clarkstown and Ramapo police departments in New York – along with the New Jersey State Police and the Bergen County, Hunterdon County, Middlesex County, and Morris County Prosecutors’ Offices for their work on this case.
The government is represented by Assistant U.S. Attorney Barry A. Kamar of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
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Defense counsel: Assistant Federal Public Defender Chester Keller Esq., Newark
Burnett, Tremone ComplaintEagle Butte Man Sentenced for Aggravated Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Minor was sentenced on August 28, 2014, by U.S. District Judge Roberto A. Lange.
Kendahl Clown, age 21, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Clown was indicted for Aggravated Sexual Abuse of a Minor by a federal grand jury on March 11, 2014. He pled guilty on May 12, 2014.
The conviction arose from an incident that occurred during the summer of 2013 when Clown, who was 20 at the time, and the victim, who was 15, engaged in a sexual act. At the time of the sexual act, Clown knew that the victim was under the age of 16 and was more than 4 years younger than he was.
The Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division investigated this case. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Clown was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on August 28, 2014, by U.S. District Judge Roberto A. Lange.
Justin Robert LeBeau, age 41, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
LeBeau was indicted for Aggravated Sexual Abuse of a Child by a federal grand jury on September 17, 2013. He pled guilty on March 24, 2014.
LeBeau’s conviction is the result of incidents that occurred near Ridgeview between January 19, 1995, and January 18, 1996, when LeBeau knowingly engaged in a sexual act with the victim, who was under the age of 12.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
LeBeau was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
District Man Sentenced to 15 Years in Prison for Prostituting and Sexually Abusing 15-Year-Old Victim-Defendant Lured Teenager from Seattle to Work as Prostitute-Read the Press Release
WASHINGTON – Jason Whren, 33, of Washington, D.C., was sentenced today to 15 years in prison for sexually abusing and prostituting a 15-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.
Whren pled guilty in March 2014, in the Superior Court of the District of Columbia, to charges of first-degree sexual abuse of a child and pandering of a minor. He was sentenced by the Honorable Lynn Leibovitz. Upon completion of his prison term, Whren must register for 10 years as a sex offender.
According to the government’s evidence, Whren contacted the victim on Facebook and began to develop a relationship with her over the telephone and Internet. After sending the victim numerous text messages that contained sexually explicit pictures of himself, Whren was able to entice the victim to travel from Seattle to Washington, D.C. in December 2012.
Upon her arrival in Washington, D.C., Whren immediately engaged in intercourse and other sexual activities with the victim. He then began prostituting the teenager, forcing her to walk the streets to find clients, as well as compelling her to respond to illicit Internet advertisements that he posted. The activities took place between Dec. 1, 2012 and Dec. 5, 2012 in Northeast Washington. Whren’s crimes were ultimately discovered by undercover officers conducting an operation to locate child prostitutes in the District of Columbia.
In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Narcotics and Special Investigation Division, Human Trafficking Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key, and Assistant U.S. Attorneys Danny Nguyen, Mervin A. Bourne, Jr., and Ari Redbord, who investigated and prosecuted the matter.
14-192Detroit Man Pleads Guilty to Heroin DistributionRead the Press Release
HUNTINGTON, W.Va. – Bashiri Deon McDaniel, also known as “Chevy”, age 36, of Detroit, Michigan, pleaded guilty today to distributing heroin. McDaniel admitted that on December 22, 2011, he sold heroin to what proved to be a confidential informant working with the West Virginia State Police. The transaction occurred at a residence in Point Pleasant, Mason County, West Virginia. As part of his plea, McDaniel further admitted that between the winter of 2011 and March of 2013, he conspired with others to distribute between 400 and 700 grams of heroin originating out of Detroit to various individuals in Mason County and in Gallipolis, Ohio. McDaniel faces up to 20 years’ imprisonment and a $1 million fine when he is sentenced on December 1, 2014.
Chief United States District Judge Robert C. Chambers conducted today’s plea hearing.
The successful investigation was the result of the cooperative efforts of the West Virginia State Police and the United States Drug Enforcement Administration.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Convenience Store Robber Sentenced to over 9 Years in PrisonRead the Press Release
Committed 14 Convenience Store Robberies in Less Than 2 Months
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Omar Hance, age 33, of Baltimore, today to 110 months in prison, followed by three years of supervised release, for a series of commercial robberies. Judge Hollander also ordered Hance to pay $4,310 in restitution.On August 26, 2014, Judge Hollander sentenced Darrell Blackwell, age 27, of Columbia, Maryland, to 42 months in prison, followed by three years of supervised release, for being the get-away driver in two of the robberies.
The sentences 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; Baltimore City State’s Attorney Gregg L. Bernstein; Baltimore Police Commissioner Anthony W. Batts; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to Hance’s plea agreement, between December 23, 2012 and February 7, 2013, Hance and a co-conspirator, Willie Vinson, robbed 14 convenience stores. In each robbery, Hance or Vinson used what appeared to be a black handgun, but was later determined to be a BB gun, to commit the robbery, taking money and store products by the use or threatened use of force against employees and customers of the store.
For example, on February 7, 2013, Darrell Blackwell drove Hance and Vinson to a 7-Eleven on West 33rd Street in Baltimore. Blackwell parked a short distance away and remained in the vehicle while Hance and Vinson, wearing masks, went into the store. Hance pointed what appeared to be a black semi-automatic handgun at the cashier and demanded money. The cashier turned over $200 in cash and $300 worth of cigarettes. Approximately five minutes later, after Blackwell had driven Hance and Vinson to the Royal Farms store on West 41st Street in Baltimore, they entered the store, while Blackwell again remained in the vehicle. Hance and Vinson announced the robbery and the customers left the store. Hance ordered the store employee to open the cash register, pulled out the black handgun and placed it on the counter, telling Vinson to take the gun. Hance then removed cartons of cigarettes, placing them in a large bag, while Vinson emptied the cash from the register. The two then left the store and sped away in the vehicle being driven by Blackwell.
Witnesses identified the vehicle, which was located by the police aviation unit. Other police units followed the vehicle and saw at least one item thrown from the vehicle. The vehicle eventually stopped at a garage at the Greater Baltimore Medical Center and Blackwell, Hance and Vinson ran away. All three were caught a short time later. Hance and Vinson were wearing the same clothing and fit the physical description of the robbers seen in the surveillance video from the stores. The gun was recovered from the road along the route of the robbers and was determined to be a BB gun.
Vinson previously pleaded guilty to his role in the robberies in Baltimore County Circuit Court and was sentenced to 10 years in prison.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department, Baltimore County Police Department and the Baltimore City and Baltimore County State’s Attorney’s Offices for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys Bonnie S. Greenberg and Scott A. Lemmon, who prosecuted the case.
Chris Brown Pleads Guilty to Assault Charge in Physical Altercation Outside Downtown Washington Hotel-Singer’s Bodyguard Earlier Found Guilty in Case-Read the Press Release
WASHINGTON – Chris Brown, 25, pled guilty today to a misdemeanor charge of simple assault stemming from an incident that took place last year outside a hotel in downtown Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Brown appeared in the Superior Court of the District of Columbia and entered the guilty plea before the Honorable Senior Judge A. Franklin Burgess, Jr.
A second defendant, Christopher Hollosy, 36, was found guilty in April 2014 of simple assault following a trial before the Honorable Senior Judge Patricia A. Wynn, also in the Superior Court of the District of Columbia. Hollosy, of Glendale, Calif., is awaiting sentencing.
“As Chris Brown himself has now finally acknowledged, he punched a man in the face without provocation in the District of Columbia,” said U.S. Attorney Machen. “No matter your status or celebrity, you will be held accountable for such conduct in our city.”
According to a proffer of facts submitted as part of the plea, signed by the defendant as well as the government, the assault took place at about 2:25 a.m. on Oct. 27, 2013, near the front of the W Hotel, in the 500 block of 15th Street NW. The victim, a 20-year-old man, was standing with two female friends near the front of the hotel when Brown exited one of the entrances. The two women approached Brown, and asked him if they could take a picture with him. Brown agreed to the request, and one of the women handed Hollosy a cellphone to take the picture.
While the women were posing for the photo, the victim attempted to take a picture with the group. A verbal altercation ensued, and Brown punched the victim in the face with a closed fist. As stated in the proffer of facts, Brown’s actions were not justified by self-defense. At no point did Brown observe the victim act as the initial aggressor against anyone on the scene.
The charge of simple assault carries a statutory maximum of 180 days in jail and a fine of up to $1,000. Under the plea agreement, the U.S. Attorney’s Office agreed not to seek additional jail time for this offense. The office took into account the fact that Brown accepted responsibility for his criminal conduct and that he served about 80 days of incarceration for a probation violation in California related to his arrest in this case, as well as the views of the victim. Brown remains on probation in California until early 2015.
Judge Burgess agreed with the government’s recommendation and sentenced Brown to time served. He also ordered Brown to pay $150 in court costs.
In announcing the plea, 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 Paralegal Specialist Kalisha Johnson-Clark and Lynette Briggs; Litigation Technology Specialists Aneela Bhatia, Anisha Bhatia, William Henderson, and Paul Howell; Criminal Investigator Melissa Matthews, and Assistant U.S. Attorneys Elizabeth Trosman, Chrisellen Kolb, and John Mannarino, of the Appellate Section.
Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Kendra Briggs and Kevin Andrew Chambers, who prosecuted the case.
14-191Charles City Man Sentenced to More Than Five Years in Prison for Being A Felon in Possession of Stolen FirarmsRead the Press Release
A man who was caught with four stolen firearms after a high speed chase through three counties was sentenced today to more than five years in federal prison.
Franklin Foster, age 22, from Charles City, Iowa, received the prison term after a June 11, 2014, guilty plea to being a felon in possession of firearms.
At the sentencing hearing, the record showed that, on April 12, 2014, defendant fled from officers who were trying to stop him for driving with a suspended driver’s license. Defendant fled from the officers at a high rate of speed, eventually traveling through three counties. During the chase, Foster ran stop signs, drove through ditches, drove the wrong way on streets, drove through residential neighborhoods, and reached speeds in excess of 95 miles an hour. During the chase, Foster made phone calls to authorities, threatening to shoot officers. When officers were finally successful in deflating the tires of Foster’s vehicle with stop sticks, defendant engaged in a stand-off with officers, during which time he displayed firearms. Officers eventually succeeded in persuading Foster to drop the weapons and surrender. Foster was convicted in 2012 of the felony offense of Theft 2nd Degree in the Iowa District Court for Floyd County.
Foster was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Foster was sentenced to seventy-one months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Foster is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by ATF, the Charles City Police Department, the Floyd County Sheriff’s Office, and the Iowa State Patrol.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2021.
Buffalo Man Pleads Guilty to Perjury in Bailey Boys InvestigationRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Acoff, 24, of Buffalo, N.Y., pleaded guilty to perjury for lying to the grand jury in the connection with the Baily Boys investigation, before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Anthony M. Bruce and Special Assistant U.S. Attorney Paul Parisi, who are handling the case, stated that Acoff told a federal grand jury that he had firsthand knowledge of the January 19, 2011 murder of Harold McCain. The defendant told the grand jury that he received a telephone call from McCain’s alleged killer following the murder asking the defendant to pick him up. Acoff further claimed that he did in fact pick up the alleged killer who then provided the defendant with details of the murder. According to the Indictment, Acoff never received a call from the alleged killer, did not pick him up and did not have conversations regarding the murder of Harold McCain.
Assistant U.S. Attorney Bruce and Special Assistant U.S. Attorney Parisi note that this case is unique because the defendant took actions in an attempt to become a witness in a murder case.
Bailey Boys Gang member Tyrone Brown was indicted, along with six other members and associates, on August 1, 2012. The indictment alleged that Brown murdered Harold McCain in January 2011.
The indictment is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita, III, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, and the Amherst Police Department, under the direction of Chief John Askey.
Sentencing is scheduled for December 22, 2014 at 10:00 a.m. before Judge Skretny.Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jordan Warunek, 22, of Lancaster, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute fentanyl and was sentenced to two years probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between September, 2012 and December 2012, the defendant conspired with others to distribute fentanyl, oxymorphone, and oxycodone, Schedule II controlled substances. During the conspiracy, Warunek purchased 100 mcg fentanyl patches from co-defendant Barbara Moran, which he then sold to an undercover officer on November 30 and December 3, 2012. In addition, the defendant purchased oxymorphone and oxycodone from Barbara Moran. Warunek sold the oxymorphone to an undercover officer on September 20, 2012 and the oxycodone to an undercover officer on December 9, 2012.
The plea and sentencing are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Cheektowaga Police Department, under the direction of Chief David Zach.
Barbara Moran, Mary Moran and Gregory Pendziwiatr have all been convicted of similar charges and are awaiting sentencing.Bethel Park Man Pleads Guilty in Mortgage Fraud SchemeRead the Press Release
PITTSBURGH – The founder of a mortgage brokerage firm pleaded guilty in federal court to a charge of conspiracy to commit wire fraud and bank fraud, United States Attorney David J. Hickton announced today.
Richard Stromberg, 49, of Bethel Park, Pa., pleaded guilty before Senior United States District Judge Donetta Ambrose.
In connection with the guilty plea, the court was advised that Stromberg has been in the mortgage broker business since the 1990s. He worked first at a company called Century Three Home Equity and then opened his own business, which was called Great American Equity Mortgage. From in and around August of 2002, and continuing until in and around June of 2008, Stromberg knowingly conspired with various other individuals associated with Great American Equity Mortgage, many of whom were former employees of Century Three Home Equity, to defraud lenders. The conspiracy involved the submission to lenders of loan applications that contained material misrepresentations about the borrower’s financial condition, such as inflating the borrower’s income and assets, and appraisals that overstated the values of the properties serving as collateral for the loans. Stromberg and others also submitted false supporting documentation for the misrepresentations contained in the applications.
Judge Ambrose scheduled sentencing for Jan. 12, 2015. The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both, but the plea agreement calls for a five-year term of imprisonment. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Mortgage Fraud Task Force conducted the investigation that led to the prosecution of Stromberg. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigation; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.
Belleville, N.J., Man Admits Role in $15 Million Mortgage Fraud SchemeRead the Press Release
CAMDEN, N.J. – An Essex County, New Jersey, man today admitted conspiring to defraud financial institutions as part of a $15 million mortgage fraud scheme that used phony documents and “straw buyers” to make illegal profits on overbuilt condos, U.S. Attorney Paul J. Fishman announced.
Larry Fullenwider, 63, of Belleville, New Jersey, pleaded guilty before U.S. District Judge Jerome B. Simandle in Camden federal court to a second superseding indictment charging him with one count of conspiracy to commit wire fraud. Using the alias “Stanley Hyde," Fullenwider admitted purchasing four condominiums in North Wildwood, New Jersey, after presenting a false identification and using fake documents to support fraudulent loan applications.
According to the documents filed in this case and statements made in court:
Fullenwider was among 11 defendants charged in July 2012 with conspiracy to commit wire fraud and conspiracy to commit money laundering. Two additional defendants, Nicholas Tarsia, 65, of Totowa, New Jersey, and Mashon Onque, 43, of East Orange, New Jersey, were charged in November 2013 with conspiracy to commit wire fraud. Tarsia was also charged with one count of conspiracy to commit money laundering.
Fullenwider’s conspirators, including Timothy Ricks, 46, of East Orange, and Kinard Henson of Ventres, Alabama, who both pleaded guilty before Judge Simandle – Ricks in February 2013 and Henson in February 2014 – located oceanfront condominiums overbuilt by financially distressed developers and negotiated a buyout price with the sellers. They then caused the sales prices for the properties – located in Wildwood Crest and North Wildwood, New Jersey, other locations in New Jersey and in Naples, Florida – to be much higher than the buyout price to ensure large proceeds. Other defendants helped conceal the true sales prices of certain properties through inflated sales contracts and sale and finder’s fee agreements.
Fullenwider served as a “straw buyer” and purchased four North Wildwood properties at the inflated rates in late January and early February of 2007. Fullenwider used the alias “Stanley Hyde” and a false Social Security number to purchase the properties. In order to qualify for mortgage loans, Fullenwider and his conspirators created false documents, such as fake W-2 forms, pay stubs, bank statements and investment statements, to make him (and other straw buyers) appear more creditworthy.
Fullenwider and his conspirators caused fraudulent mortgage loan applications in his name, including the supporting documents, to be submitted to mortgage brokers that the brokers knew were false. Once the loans were approved and the mortgage lenders sent the loan proceeds in connection with real estate closings, Fullenwider received a portion of the proceeds from his conspirators after they had funds wired or checks deposited into various accounts they controlled. Fullenwider’s conspirators also distributed a portion of the proceeds to other members of the conspiracy for their respective roles.
The wire fraud conspiracy charge is punishable by a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for Jan. 20, 2015.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen in Newark, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Matthew T. Smith and Jacqueline M. Carle of the U.S. Attorney’s Office Criminal Division in Camden.
14-301Defense counsel: Brian O’Malley Esq., Haddon Heights, N.J.
Fullenwider, Larry Superseding Indictment
Baton Rouge Businessman Pleads Guilty to Environmental Crime and Obstruction of JusticeRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced the conviction of another defendant in connection with a wide ranging investigation into corruption and fraud involving compliance with federal environmental laws.
Earlier today, ROGER J. DIES, age 55, of Zachary, Louisiana, pled guilty before U.S. District Judge Shelly D. Dick to failing to report third party wastewater discharges in violation of the Clean Water Act, in violation of Title 33, United States Code, Section 1319(c)(2)(A), and obstruction of justice, in violation of Title 18, United States Code, Sections 1503 and 2. DIES also admitted to the forfeiture allegations contained in the Indictment, which was previously returned by a federal grand jury in December of 2013. DIES faces a maximum sentence up to 13 years in prison and substantial fines.
According to the written plea agreement entered into between DIES and the United States, DIES owned and operated Baton Rouge Tank Wash (BRTW), a business focused on washing the interior of tanks that hauled chemical and food-grade loads aboard trucks. BRTW was permitted to discharge wastewater resulting from the tank washes into the municipal sewer system, subject to certain requirements and limitations. From in or about March of 2009, however, through September of 2012, DIES failed to notify DPW that he had begun discharging third party wastewater, despite knowing that notification was required by his permit. DIES also failed to submit monthly and daily logs reflecting all wastewater discharged from the facility. DIES was asked about the nature of his business, on numerous occasions, and he routinely misled and/or made false representations, intended to conceal the fact that BRTW was accepting substantial quantities of third party wastewater. Then, in late 2012, as a federal grand jury investigation into the matter was underway, DIES provided the grand jury with false documents that had been created with the goal of disguising BRTW’s third party wastewater business. As the investigation continued, in February of 2013, DIES provided the grand jury with false testimony in which he represented that he had produced all documents that were responsive to the subpoenas, when, in fact, he knew that numerous responsive documents had not been produced.
U.S. Attorney Green stated, “This office is committed to investigating and prosecuting criminal violations of the federal environmental laws. Such laws are in place to protect health and promote safety across our region, and compliance with the laws should not be disregarded as an administrative burden or tossed aside in an effort to maximize profit. We will continue to work with our law enforcement partners to identify and prosecute fraudulent conduct, including in this important area of the law.”
“EPA and its regulatory partners depend on accurate self-reporting to help ensure compliance with the Clean Water Act,” said Ivan Vikin, Special Agent-in-Charge of EPA’s criminal enforcement program in Louisiana. “Despite orders to stop, the defendant continued his illegal actions and falsified reports to cover his tracks. This case demonstrates that those who knowingly put public health at risk can expect to face the consequences in court.”
“The individual charged in this case avoided paying over $24,000 in sewer user fees by under reporting the amount of pollutants discharged to the city’s sewage collection system,” said Louisiana Department of Environmental Quality Secretary Peggy Hatch. “We take issue with any individual or business who side-steps compliance by under reporting in the name of profit. We will continue to work with our federal partners to ensure compliance and keep the playing field level for the people and businesses out there who willing to doing it right.”
This ongoing operation is being conducted by the United States Attorney’s Office, the Criminal Investigation Division of the U.S. Environmental Protection Agency, and the Criminal Investigation Division of the Louisiana Department of Environmental Quality. The matter is being prosecuted by Assistant United States Attorneys Corey R. Amundson, who serves as Chief of the Criminal Division, and Alan A. Stevens, who serves as a Deputy Chief.
Antelope Valley Man Sentenced to Nearly 21 Years in Federal Prison for Producing Child Pornography Related to Molestation of RelativeRead the Press Release
LOS ANGELES – An Antelope Valley man who admitted that he used his camera phone to make videos while he molested a 3-month-old relative was sentenced this afternoon to 250 months in federal prison.
Robert Dale Schrader, 34, of Littlerock, was sentenced by United States District Judge Gary A. Feess, who also ordered that Schrader, once released from prison, will be on supervised release for the rest of his life.
At today’s sentencing hearing, Schrader told Judge Feess there was a connection between looking at online child pornography and his actually molesting children. Schrader described how viewing child pornography created for him a link between children and sexual desire, ultimately leading him to molest children and produce child pornography.
According to court documents, authorities began investigating Schrader early this year after he communicated via email with an undercover law enforcement officer based in England. In those emails, Schrader sent sexually explicit images of an infant, and data embedded in those images led authorities to Schrader’s Littlerock home.
On January 29, investigators executed a federal search warrant at Schrader’s residence, where they rescued the infant who had been molested. Authorities discovered approximately 200 child pornography images and videos depicting the baby.
During the investigation, authorities uncovered evidence that Schrader also molested at least two other victims, a 12-year-old girl and a 9-year-old boy. Schrader currently faces additional charges that have been filed by the Los Angeles County District Attorney’s Office.
Schrader “repeatedly sexually abused his three-month-old [relative],” federal prosecutors wrote in a sentencing memorandum filed with the court. “He found online communities of like-minded individuals and bragged to them about his exploits with children, sharing his photographic trophies with them in hopes of obtaining similar child pornography in exchange. In this way, defendant emboldened and encouraged other individuals to also molest children, and also produce child pornography.”
The case against Schrader is the result of an investigation by the Child Exploitation Investigations Group, a task force based in Long Beach and spearheaded by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Other agencies actively involved in the group include the Los Angeles Police Department, the FBI and the Los Angeles County Department of Children and Family Services (DCFS).Release No. 14-111
Monday 1 September 2014
United States Attorney Edward L. Stanton III Announces over $1 Million in Department of Justice Grants to Local Authorities to Protect Sexual Assault Victims and Fight Gang and Gun ViolenceRead the Press Release
Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, announced that the City of Memphis has been awarded two Department of Justice grants, together totaling over $1 million, that will help enforce protection orders and protect victims of sexual assault and domestic violence, as well as reduce gang and gun violence. The two grants are a Grant to Encourage Arrest Policies and Enforcement of Protection Orders in the amount of $900,000, and a Project Safe Neighborhoods Grant in the amount of $148,885.
The Grants to Encourage Arrest Policies and Enforcement of Protection Orders are intended to enhance partnerships between criminal justice agencies, victim services providers, and community organizations. The Department of Justice’s Office on Violence Against Women awards these grants, which enhance victim safety and offender accountability in cases of domestic violence, dating violence, sexual assault and stalking by encouraging jurisdictions to implement pro-arrest policies as an effective intervention.
The City of Memphis, in collaboration with the Shelby County Rape Crisis Center, will use the $900,000 grant to improve post-testing requirements for victim notifications, investigations, and prosecution of increased sexual assault cases resulting from the processing of the backlog of sexual assault kits.
The Project Safe Neighborhoods (PSN) Program is a nationwide commitment to reduce gun violence and violent crime. The goal of PSN is to take a hard line against gun criminals and gangs through every available means in an effort to make our streets and communities safer. The PSN task force, which is comprised of federal, state, and local law enforcement and other community members, implements gang violence and gun crime enforcement through tactical intelligence gathering, more aggressive prosecutions, training, deterring juveniles away from the criminal justice system, and developing and promoting meaningful community outreach efforts.
The DOJ Bureau of Justice Assistance’s grant of $148,885 will help PSN and the City of Memphis expand its data analysis and tracking capabilities, in order to ensure more efficient and targeted law enforcement efforts against gang and gun violence.
“Events of recent weeks have served as a tragic reminder of the need to protect victims of domestic violence and hold accountable those who commit violent crimes,” said United States Attorney Edward L. Stanton III. “The new $900,000 grant from the DOJ Office on Violence Against Women will help local authorities process the backlog in sexual assault kits and prosecute those who commit such heinous acts to the fullest extent the law allows. And the Project Safe Neighborhoods grant will bolster our ongoing efforts to track down and bring to justice those who illegally possess and use firearms. Together, these grants total over a million dollars, and they underscore the Department of Justice’s commitment to keeping our citizens safe and protecting victims – especially victims of domestic violence.”
Friday 29 August 2014
Yakima Couple Sentenced to Six Months Home Confinement and Three Years’ Court Supervision for Tax CrimesRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Karen L. Kivett, age 61, was sentenced for the crime of filing a false claim for income tax refund, and her husband, William E. Kivett, Jr., age 66, was sentenced for the crime of failing to file an income tax return. Both individuals are residents of Yakima, Washington. Senior United States District Court Judge Fred Van Sickle sentenced Karen and William Kivett to six months of home confinement, to be followed by a 3 year term of court supervision.
According to information disclosed during court proceedings, Karen L. Kivett became involved in a tax fraud scheme, known as the Form 1099-OID “redemption” scheme, after attending a conference. The scheme misuses IRS Forms 1099-OID, which are a type of information return used to report income from certain investments, to claim fictitious income and withholdings which are used to support false claims for tax refunds. On March 17, 2009, Karen Kivett filed a 2007 joint U.S. Individual Income Tax Return (Form 1040) containing a false claim for income tax refund of $436,942. The false refund claim was based on inflated income tax withholdings reported on fabricated Forms 1099-OID and fraudulent taxable interest. The IRS did not pay the false claim.
According to information disclosed during court proceedings, William E. Kivett, Jr. willfully failed to file an income tax return for the 2008 year reporting gross income he and his wife earned. In 2008, William E. Kivett, Jr. earned $40,759 in wages while employed as an investigative analyst for the U.S. Department of Homeland Security Immigration and Customs Enforcement. In that year, his wife earned $35,068 in commissions selling health care products for a multi-level marketing company. William Kivett also failed to timely file income tax returns for the years 2006, 2007, 2009, 2010 and 2011, reporting his wages from Department of Homeland Security. According to information disclosed during court proceedings, William Kivett is retired from the Department of Homeland Security.
Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, "The privilege of living well in the United States carries certain burdens, one of which is the voluntary payment of taxes. The system only works when everyone truthfully reports their income, pays their fair share of taxes, and does not make false claims for tax refunds."
The investigation was conducted by the Internal Revenue Service, Criminal Investigation. The case was prosecuted by George J.C. Jacobs, III, an Assistant United States Attorney for the Eastern District of Washington.
13-CR-02093-FVS
Woman Pleads Guilty to Conspiracy to Defraud IRS by Filing False Income Tax ReturnsRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Dominique Taylor, 29, of Buffalo, New York, pleaded guilty to conspiracy to defraud the IRS before Chief U.S. District Judge William M. Skretny. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant conspired with others and submitted false claims for income tax refunds. Blank W-2 forms were obtained from local business establishments for use in committing this fraud. Taylor also had others obtain legitimate W-2 forms from actual employers and then altered said W-2s to create new W-2s by changing income and withholding information so as to maximize the refund to be obtained. In working with others, a portion of the refund received would go to the defendant.
The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Special Agent-In-Charge Toni M. Weirauch.
Sentencing is scheduled for December 4, 2014, before Chief Judge William M. Skretny.Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Santiago Rosario Ortiz-Ruvalcaba, 19, of South Bend, Indiana pled guilty to the felony offense of knowingly receiving a firearm in and effecting interstate or foreign commerce. This charge was filed as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 12/4/2014. This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
- John D. Burke, Jr., 33, of Mishawaka, Indiana pled guilty to the felony offense of possession of child pornography. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Federal Bureau of Investigation. Sentencing has been set for 12/4/2014. This case is being prosecuted by Assistant United States Attorney John Maciejczyk.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Matthew Mobley, 26, of South Bend, Indiana was sentenced to 57 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of knowingly and intentionally distributing crack. According to documents filed in this case, in May 2013, Mobley sold crack to an undercover source. This case was the result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
- Jorge Campos, 41, of Goshen, IN was sentenced to 24 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of conspiracy to distribute cocaine. According to documents filed in this case, from September 2013 up to and including October 2013, Campos was involved in the distribution of cocaine in the Northern District of Indiana. On several occasions, Campos delivered cocaine to an undercover source. This case was the result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Ola Mohammad, 33, of Bridgeview, Illinois pled guilty to the felony offense of knowingly and willfully conspiring to defraud the United States Department of Agriculture’s (USDA) benefit program and defrauding the USDA benefit program through wire fraud. These charges were filed as a result of an investigation by Federal Bureau of Investigation. Sentencing has been set for 11/20/2014. This case is being prosecuted by Assistant United States Attorney Diane Berkowitz.
- Piljo Piljagic, 31, of Chicago, Illinois, pled guilty to the felony offense of illegal entry to United States. This charge was filed as a result of an investigation by Homeland Security. Sentencing has been set for 11/12/2014. This case is being prosecuted by Assistant United States Attorney Randy Stewart.
- Tomika Yates, 40, of Grand Prairie, Texas, pled guilty to the felony offense of
conspiracy to defraud the United States and aiding & abetting. This charge was filed as a result of an investigation by the United States Postal Service. Sentencing has been set for 11/14/2014. This case is being prosecuted by Assistant United States Attorney Toi Houston.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITION
- Alanden O. Johnson, 44 years old, of Gary, Indiana, was sentenced to a 41 month term of imprisonment, followed by a three years term of supervised release, on her guilty plea to the felony offense of conspiracy to distribute marijuana. According to documents filed in this case, between 2006 and 2008 in and around Gary, Indiana, Johnson was part of a drug distribution network. This case was the result of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Internal Revenue Service. This case was prosecuted by Assistant United States Attorney Jacqueline Jacobs.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEA
- Julian Zamora, 41, of Defiance, Ohio pled guilty to the felony offense of distributing 100 grams or more of a mixture or substance containing a detectable amount of heroin. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Drug Enforcement Administration and the Fort Wayne Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
Vancouver, Washington Gang Member Sentenced to 5 Years in Prison for Illegal Gun PossessionRead the Press Release
A 23-year-old Vancouver, Washington gang leader was sentenced today to five years in prison for being a felon in possession of a firearm, announced U.S. Attorney Jenny A. Durkan. CARLOS CARMONA-GONZALEZ was convicted Wednesday, February 12, 2014, following a two day jury trial. At the sentencing hearing U.S. District Judge Ronald B. Leighton noted that gangs are a serious problem that operate on fear and paralyze communities. The judge imposed three years of supervised release following prison.
In July 2013, CARMONA-GONZALEZ was seen by three police officers and one civilian eyewitness placing a rifle wrapped in a jacket in his friend’s car. The car was later stopped by police and officers recovered the pink rifle that had been wrapped in a jacket. The rifle had been stolen from a garage. CARMONA-GONZALEZ is a prominent member of the Surenos gang in the Southwest Washington region. CARMONA-GONZALEZ is prohibited from possessing firearms because he has four previous felony convictions, including possession of MDMA (Clark County 2011), attempted assault (Clark County 2009), Escape (Clark County 2008) and assault (Clark County 2008).
CARMONA-GONZALEZ was investigated by the Longview Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATF) with assistance from the Vancouver Police Department. The case was prosecuted by Assistant United States Attorneys Roscoe Jones and Jill Otake.Two California Men Sentenced in Federal Court for Conspiracy to Traffic in Methamphetamine, Using the U.S. MailsRead the Press Release
TO FACILIATE DRUG TRAFFICKING AND MONEY LAUNDERING
CONCORD, NEW HAMPSHIRE – Michael Collins, 38, of Bellflower, California, Keith Cotlage, 45, of Pasadena, California were sentenced in United states District Court for the District of New Hampshire to 18 months and 60 months respectively for conspiracy to possess with the intent to distribute methamphetamine, conspiracy to use the U.S. Mails to facilitate drug trafficking offenses, and conspiracy to commit money laundering, announced United States Attorney John P. Kacavas.
As part of their plea agreements, the defendants admitted that beginning in 2007, Cotlage shipped quantities of methamphetamine secured inside of U.S. Postal “Express Mail” packages from California to Collins, who at the time resided in New Hampshire. Upon receiving the packages, Collins distributed a portion of the methamphetamine to others and kept a portion for his own personal use. Upon generating proceeds from the sale of the methamphetamine, Collins’ sent additional funds to Cotlage via Green Dot prepaid debit cards. Cotlage then used a Green Dot card linked to Collins’ Green Dot account to withdraw the funds in California after which he purchased additional quantities of methamphetamine which he again shipped to Collins. Collins also transferred money to Cotlage via Western Union.
In March of 2008, law enforcement intercepted an “Express Mail” package sent from Cotlage to Collins which was found to contain approximately 28 grams of methamphetamine. During an undercover operation, the package was subsequently delivered to Collins while he was at work at a construction site in Bethlehem. Immediately upon observing Collins take possession of the package, law enforcement attempted to arrest Collins; however he fled and was arrested after a brief foot pursuit.
Law enforcement subsequently determined through U.S. Postal “Express Mail” shipping labels and Green Dot records that from July, 2007 to March, 2008, Collins and Cotlage conspired to ship approximately ten additional packages containing methamphetamine.
Collins was also sentenced to three years of supervised release while Cotlage was sentenced to a four years of supervised release which they will begin after they are released from prison. During the period of supervised release, the defendants’ behaviors will be monitored by the United States Probation Office. If the defendants violate the terms and conditions of their release, they could be sent back to prison.
The pleas were the result of an investigation conducted by the United States Drug Enforcement Administration Resident Offices in New Hampshire, the United States Postal Inspection Service, the Internal Revenue Service – Criminal Investigation, and the Bethlehem and Lancaster Police Departments. The case was prosecuted by Assistant United States Attorney Jennifer Cole Davis.
Transport Company Executive Indicted on Federal Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Karl Stehlin (59, Tampa) with conspiracy to commit wire fraud and wire fraud. If convicted, he faces a maximum penalty of twenty years in federal prison on each count. The indictment also notifies Stehlin that the United States intends to forfeit $2,000,000, which is alleged to be traceable proceeds of the charged criminal conduct.
According to the indictment, from August 2008 through September 2009, Stehlin conspired to defraud a Minnesota factoring firm. “Factoring” is a financial transaction in which a business sells its accounts receivable (invoices) to a third party (the factor) at a discount. The factor advances a percentage of the face amount of the invoice to the business and collects the full amount from the customer in due course. The factor then pays the balance to the business, minus the factor’s commission and other fees.
In this case, the indictment alleges that the conspirators caused two trucking companies, JK Transport Express Inc. and JK Express Transport Inc., and a warehouse company, JK Transport Distribution and Warehouse, LLC, to enter into factoring agreements with Transportation Funding Group, Inc., (TFG). The conspirators fraudulently represented to TFG that the trucking companies and warehouse company were doing business with several clients, when in fact the clients were fictitious. The conspirators allegedly created false and fraudulent invoices and bills of lading supposedly for services performed by the trucking and warehouse companies for the fictitious clients. In addition, they opened UPS store postal boxes and virtual offices and took other steps to make their activities appear real. The indictment further alleges that the conspirators used proceeds they received from later fraudulent invoices to repay earlier ones, thereby creating the illusion that the trucking and warehouse companies were providing services to the fictitious companies. As a result of the fraud, the factoring firm (TFG) suffered substantial losses.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert A. Mosakowski.
St. Petersburg Landlord Pleads Guilty to EPA Lead Paint Disclosure OffenseRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Michael Moshe Shimshoni (56, Tierra Verde) pleaded guilty today to failing to provide a federally approved lead-based paint hazard brochure to a tenant. Shimshoni faces a maximum penalty of one year in federal prison and a $25,000 fine for each day of the violation. As part of a plea agreement, Shimshoni also agreed to pay restitution to the Environmental Protection Agency (“EPA”) by no later than the time of sentencing, in the amount of $50,000, for costs incurred by the EPA to remove and replace lead-contaminated soil at 1075 17th Avenue North, St. Petersburg, Florida. A sentencing date has been scheduled for November 7, 2014.
According to the plea agreement, Shimshoni served as a property manager and lessor of commercial and residential properties through Pinellas Properties, Inc., and Affordable Realty and Property Management, Inc., among other entities. As part of this business, he leased various rental units located at 1075 17th Avenue North in St. Petersburg. The property and rental units qualified as “target housing” under the Toxic Substances Control Act, the Lead Hazard Reduction Act, and related federal laws and regulations.
Federal law and regulations require lessors to provide a prospective tenant of target housing, before a tenant is obligated under any lease, with:
- A Lead Warning Statement with the following language: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention;
- A statement by the landlord disclosing the presence of any known lead-based paint and/or lead-based paint hazards in the target housing or indicating no knowledge of the presence of lead-based paint and/or lead-based hazards;
- A list of records or reports of lead-based paint and/or lead-based paint hazards or an indication that no records or reports are available; and
- A statement by the tenant affirming the receipt of a lead hazard information pamphlet approved by the EPA alertingtenants of the dangers of lead paint and measures to reduce the risk of lead-based hazards.
On or about April 1, 2009, Shimshoni knowingly and willfully failed, and caused the failure to provide a tenant at 1075 17th Avenue North, with a federally approved lead-based paint hazard brochure such as the EPA pamphlet entitled “Protect Your Family From Lead In Your Home.”
"The dangers associated with lead paint are well established and every person deserves to know whether his or her residence is contaminated. The defendant's disregard for his tenants' health cannot - and will not - be tolerated," said Maureen O'Mara, Special Agent in Charge of EPA's criminal enforcement program in Florida.
This case was investigated by EPA Criminal Investigations Division. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller.
Spearfish Woman Indicted for Unlawfully Receiving Social Security PaymentsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, woman has been indicted by a federal grand jury for Supplemental Security Income Benefits Fraud and False Statement.
Linda Lee Anderson, age 66, was indicted on August 26, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on August 27, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Anderson fraudulently receiving Social Security Supplemental Security Income payments between 2010 and 2012 by making false statements to the Social Security Administration.
The charges are merely accusations and Anderson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Social Security, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Anderson was released on bond pending trial. A trial date has been set for November 4, 2014.
Sacramento Woman Found Guilty in Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — After a nine-day trial, a federal jury found Anna Sorokina Kuzmenko, 33, of Sacramento, guilty today of two counts of wire fraud in a mortgage fraud scheme, United States Attorney Benjamin B. Wagner announced. The trial was held before United States District Judge John A. Mendez.
According to court documents and evidence presented at trial, in February of 2007 Kuzmenko served as a straw buyer for a house in Carmichael. She applied for two loans to finance the entire purchase, and falsely represented that she was an orthodontist making $36,000 per month, had $42,000 in her bank account, was a United States citizen, and would live in the house she was purchasing. In fact, evidence at trial showed that Kuzmenko was not an orthodontist, declared only $13,000 in income for 2006 and none for 2007, had little to no money in her bank account, was not a citizen, and never lived in the house she purchased.
The evidence also showed that although the bank was told the sales price was $1 million, the seller had agreed to receive only approximately $800,000 from the transaction and to give the remaining money back to the scheme participants. Bank records showed that Kuzmenko’s husband and other family members received almost $177,000 through the scheme. Additionally, two of Kuzmenko’s family members received approximately $25,000 in commission payments based on the fraudulently procured loans. Kuzmenko defaulted on the mortgages for the Carmichael house in September 2007 and the property was foreclosed upon by April 7, 2008.
"Mortgage fraud cases can be very challenging, but this office has developed considerable expertise in prosecuting them,” stated U.S. Attorney Wagner. “We are pleased that the jury held Ms. Kuzmenko accountable for her crime, and we will continue our efforts to hold accountable those who enriched themselves through fraud, and who contributed to the financial meltdown that hit our communities so hard."
This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorneys Lee S. Bickley and Todd A. Pickles are prosecuting the case.
Kuzmenko is scheduled to be sentenced by Judge Mendez on December 9, 2014. She faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Raymond Man Sentenced for Diverting Fentanyl at Exeter HospitalRead the Press Release
CONCORD, NEW HAMPSHIRE – Peter McGlynn, 46, of Raymond, New Hampshire, was sentenced today in United States District Court for the District of New Hampshire to 42 months of probation for obtaining a controlled substance by fraud, announced United States Attorney John P. Kacavas.
McGlynn pleaded guilty to the charge on May 22, 2014. At the plea hearing before Chief U.S. District Judge Joseph Laplante, McGlynn admitted that on or about January 16, 2013, while working as an Emergency Medical Technician at Exeter Hospital, McGlynn volunteered to administer fentanyl (a powerful opiate) to a patient who was being treated at the Emergency Department of the hospital. Although he obtained 100 micrograms of fentanyl and claimed to administer the drug to a patient, the patient did not obtain any pain relief. A nurse suspected that the drug had not been provided to the patient. A drug test was performed on McGlynn. The test detected the presence of fentanyl in his system.
McGlynn’s crime took place just six months after another Exeter Hospital employee, David Kwiatkowski, was arrested for diverting fentanyl and tampering with consumer products. Kwiatkowski’s criminal activities resulted in the infection of dozens of people with Hepatitis C. On December 2, 2013, Kwiatkowski was sentenced to 39 years in prison for his conduct. The investigation of McGlynn did not reveal any evidence indicating that he had infected patients or exposed patients to any disease.
United States Attorney John P. Kacavas said, “My office remains committed to stopping drug diversion by health care workers. The Kwiatkowski case demonstrated that health care workers who divert or tamper with drugs can jeopardize the health and safety of their patients. Not only do drug diversion and tampering create the potential for patients to become infected with diseases, but it also can cause patients to experience unnecessary pain. Health care workers who divert drugs and ingest them on the job can also put patients at risk because their judgment can be clouded by the drugs they have taken. This can lead to errors that can have life-threatening consequences. I encourage all health care facilities to be alert to potential drug diversion incidents and to report them promptly to law enforcement officers. That is what Exeter Hospital did in this case.”
This investigation involved the cooperative efforts of federal and local law enforcement entities, including the Federal Bureau of Investigation, the Exeter Police Department, and the New Hampshire Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorney John J. Farley.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.
Andrew Hiipakka, age 27, was indicted on August 26, 2014. He appeared before U.S. Magistrate Judge John E. Simko on August 27, 2014, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 5 years’ imprisonment up to 20 years’ imprisonment and/or a $250,000 fine, lifetime of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between November 2013 and August 2014, at Rapid City, Hiipakka knowingly received and possessed computers files containing images of child pornography.
The charges are merely accusations and Hiipakka is presumed innocent until and unless proven guilty.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Hiipakka was released pending trial, with conditions limiting his use of the Internet and contact with children. A trial date has not been set.
Phoenix Man Pleads Guilty to Federal Child Pornography OffensesRead the Press Release
LUBBOCK, Texas — A former resident of Phoenix, Arizona, pleaded guilty today before U.S. District Judge Sam R. Cummings to federal child pornography offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory James Flohr, 54, pleaded guilty to one count of transportation of child pornography and one count of possession of child pornography. He faces a statutory penalty of from five years to 30 years in federal prison, and a $500,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set following the completion of that report. Flohr has been in custody since his arrest early last month on a related federal criminal complaint.
According to the factual resume filed in the case, when Flohr traveled from Arizona to Texas, he intentionally transported videos depicting a prepubescent female minor engaged in sexually explicit conduct. In addition, on the evening of July 2, 2014, Flohr knowingly possessed a Samsung cell phone that contained a child pornography video that had been transported from Arizona.
According to the complaint filed in the case, the investigation began on July 2, 2014, after Flohr entered a T-Mobile store in Lubbock, accompanied by “Jane Doe,” a female minor under age 12. Flohr purchased two cell phones, one for himself and one for Jane Doe. Flohr requested that the T-Mobile staff transfer data from his existing cell phone onto the newly purchased cell phone. This process involved Flohr telling the T-Mobile employee his Google Gmail account and password to facilitate the data transfer. During the data transfer, the employee noticed several images and videos of Flohr engaged in sexual contact with Jane Doe. After Flohr left the store, T-Mobile contacted the Lubbock Police Department to report the incident.
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.”
The Lubbock Police Department, the Hockley County Sheriff’s Office, and the FBI were involved in the investigation of the case. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Phoenix Man Pleads Guilty to Federal Child Pornography OffensesRead the Press Release
LUBBOCK, Texas — A former resident of Phoenix, Arizona, pleaded guilty today before U.S. District Judge Sam R. Cummings to federal child pornography offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory James Flohr, 54, pleaded guilty to one count of transportation of child pornography and one count of possession of child pornography. He faces a statutory penalty of from five years to 30 years in federal prison, and a $500,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set following the completion of that report. Flohr has been in custody since his arrest early last month on a related federal criminal complaint.
According to the factual resume filed in the case, when Flohr traveled from Arizona to Texas, he intentionally transported videos depicting a prepubescent female minor engaged in sexually explicit conduct. In addition, on the evening of July 2, 2014, Flohr knowingly possessed a Samsung cell phone that contained a child pornography video that had been transported from Arizona.
According to the complaint filed in the case, the investigation began on July 2, 2014, after Flohr entered a T-Mobile store in Lubbock, accompanied by “Jane Doe,” a female minor under age 12. Flohr purchased two cell phones, one for himself and one for Jane Doe. Flohr requested that the T-Mobile staff transfer data from his existing cell phone onto the newly purchased cell phone. This process involved Flohr telling the T-Mobile employee his Google Gmail account and password to facilitate the data transfer. During the data transfer, the employee noticed several images and videos of Flohr engaged in sexual contact with Jane Doe. After Flohr left the store, T-Mobile contacted the Lubbock Police Department to report the incident.
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.”
The Lubbock Police Department, the Hockley County Sheriff’s Office, and the FBI were involved in the investigation of the case. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Oakland Resident Sentenced to 30 Months in Tax Fraud SchemeRead the Press Release
OAKLAND – Jonathan Davis was sentenced today to 30 months in prison and ordered to pay restitution of $178,426 for his involvement in a tax fraud scheme, United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation Special Agent in Charge José M. Martinez announced.
Davis, 33, of Oakland, pleaded guilty to one count of wire fraud on April 18, 2014. According to the plea agreement, Davis devised a scheme to obtain money by preparing and filing false federal income tax returns in the names of other people. In order to carry out this scheme, Davis had friends obtain names, birthdates, and social security numbers of people who did not authorize the use of that information on the filed tax returns. Davis opened bank accounts in the names of these victims and linked those accounts to debit cards for the purpose of receiving the fraudulent tax refunds. Davis directed the banks to mail the debit cards to himself or his friends and paid his friends up to $200 for addresses that he could use for bank accounts, debit cards, and tax returns. During 2011 and 2012, Davis caused 111 materially false federal income tax returns to be electronically filed. On those 111 returns, Davis falsely claimed refunds of $484,546, and successfully obtained $178,426 from the IRS.
Davis was indicted on August 22, 2013. He was charged with 11 counts of wire fraud and 11 counts of aggravated identity theft.
The sentence was handed down by the Honorable Jon S. Tigar, United States District Court Judge, following a guilty plea on one count in violation of 18 U.S.C. Section 1343. Judge Tigar also sentenced the defendant to a five-year period of supervised release. The defendant was ordered to surrender on Nov. 3, 2014.
Assistant United States Attorney Thomas Moore is prosecuting the case. The prosecution is the result of an investigation by the IRS, Criminal Investigation.
(Davis indictment )
New York Man Pleads Guilty to Bank Fraud and Aggravated Identity TheftRead the Press Release
NORFOLK, Va. – Jeffrey Washington, 36, of New York, NY, pled guilty yesterday to conspiracy to commit bank fraud and aggravated identity theft.
Dana J. Boente, United States Attorney for the Eastern District of Virginia made the announcement after the plea was accepted by U. S. District Judge Arenda L. Wright Allen.
Washington was charged in a criminal indictment returned on May 12, 2014, with one count of conspiracy to commit bank fraud, ten counts of bank fraud, seven counts of aggravated identity theft, and two counts of interstate transportation of property converted or taken by fraud. Washington faces a maximum penalty of thirty (30) years in prison on the bank fraud charge and a $1,000,000 fine, and a maximum penalty of a mandatory two (2) years in prison on the aggravated identity theft charge and a fine of $250,000 when he is sentenced on December 5, 2014, in Norfolk.
According to a statement of facts filed with his plea agreement, Washington was a leader of a group that conspired to steal identity and financial information from Wells Fargo Mortgage offices. There were twelve Wells Fargo offices in New York, Pennsylvania, Maryland and New Jersey that were the subject of burglaries from 2012 through 2014. Over 1,800 mortgage files were stolen that contained identity and financial information. The Wells Fargo mortgage customers had bank accounts at various financial institutions including Wells Fargo Bank, M&T Bank, PNC Bank, Capital One Bank, and TD Bank.
From 2012 – 2013, Washington and other conspirators traveled from New York to Virginia and other states along the East Coast in order to conduct the scheme. They impersonated various bank customers, using counterfeit identifications created from the stolen personal information, and opened business accounts in fake business names in order to drain legitimate customer accounts at various banks of hundreds of thousands of dollars. In August 2013, conspirator Alice Howard was arrested in the course of impersonating a bank customer at a Wells Fargo bank branch in Ashland, Virginia. Howard was charged with the same scheme and was sentenced to sixty-five (65) months imprisonment in April 2014. Following Howard’s arrest, Washington continued his involvement in obtaining mortgage files through the burglaries of other mortgage offices. Currently, two other individuals have been charged in the scheme.
This case was investigated by the United States Secret Service, the United States Postal Inspection Service and the Newport News Police Department. Assistant U. S. Attorney Brian Samuels is prosecuting the case on behalf of the United States.
District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
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Morgan State University Professor Sentenced to 3 Years in Prison in Scheme to Defraud the National Science Foundation and for Obtaining Kickbacks from Student StipendsRead the Press Release
Fraudulently Obtained $200,000 and Attempted to Obtain Another $500,000 through a National Science Foundation Small Business Program
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Manoj Kumar Jha, age 47, of Severn, Maryland, today to three years in prison followed by three years of supervised release for wire fraud, mail fraud, falsification of records, and theft of government property in connection with a scheme to fraudulently obtain research grants from the National Science Foundation (NSF) and kickbacks from students’ stipends. Judge Hollander also entered an order requiring Jha to pay $105,726 in restitution.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Allison Lerner, Inspector General at the National Science Foundation.According to trial testimony, from January 2008 through July 2009, Jha fraudulently obtained $200,000 in grant funds from the National Science Foundation=s (NSF) Small Business Technology Transfer (STTR) program to fund a highway project, and attempted to obtain another $500,000 through the same program. Jha converted the funds to his personal use. For example, Jha made payments on his mortgage and personal credit card and authorized approximately $11,000 in salary payments to his wife, who performed no NSF-related work.
Jha, a full time professor at Morgan State University, incorporated Amar Transportation Research and Consulting, Inc. (ATRC), and was its president and only director. Trial evidence showed that Jha submitted funding proposals on behalf of ATRC to the STTR. The stated purpose of Jha=s proposed project was to enhance current models used by highway planners to optimize horizontal and vertical highway routes, and ultimately, to commercialize the result. In his application for STTR funding, Jha listed himself as the principal investigator and the University of Maryland as the CRI. Under the STTR, the primary employment of the principal investigator must be with the small business at the time of the award; and at least 40% of the research must be performed by the small business and 30% by a collaborating research institution (CRI), as measured by the budget.
Trial evidence was presented that in his applications, Jha falsely represented that: he would secure “release time” or negotiate other leave options with Morgan State University in order to spend time at ATRC working on the highway project; that ATRC had eight employees; and that another Morgan State professor would be working for ATRC as a Senior Scientific Advisor. In fact, Jha remained employed full time as a professor at Morgan State and none of the statements were true. Jha also misrepresented the involvement of the University of Maryland in conducting research on the project and further misrepresented that he had obtained a $100,000 investment from a third party in order to qualify for matching funds from NSF.
On February 15, 2011, an investigator with the Office of Inspector General (OIG) for the NSF sent Jha a letter requesting copies of documents, including a list of all individuals who worked on the highway project and their time sheets, and the company=s expenditure ledger detailing all budget categories, as part of a proactive OIG review of ATRC’s compliance with laws, regulations, and conditions in connection with the NSF grant. On March 11, 2011, Jha provided, through his attorney, biweekly, signed time sheets purportedly maintained by Jha for a research scientist who worked on the highway project from October 1, 2008 until September 8, 2009. The time sheets were created by Jha only after receiving the OIG letter, and in such a way as to give the false appearance that the time sheets had been maintained and signed contemporaneously with the research scientist’s work. Jha also provided a copy of ATRC’s expenditure ledger as of September 10, 2009, in which he entered fictitious research expenses in order to conceal the fact that NSF funds had been converted to Jha’s personal use.
Finally, between March 4, 2008 and June 30, 2012, Morgan State University received federal funds under two subcontracts funded by the U.S. Department of Defense. Jha served as Morgan State’s Principal Investigator for those contracts and authorized stipend payments totaling approximately $100,000 to Morgan State University students working on those contracts. Trial evidence showed that between July 25, 2009 and July 24, 2010, Jha told some students who received stipend payments that they had to return a portion of the stipend funds to him, offering various false and misleading reasons. Some students returned a portion of their stipend to Jha, which Jha then used to pay personal expenses. The evidence showed that approximately $36,000 in stipend funds returned to Jha by Morgan State University students were deposited into Jha’s personal bank account
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.
United States Attorney Rod J. Rosenstein thanked the National Science Foundation, Office of Inspector General for its work in the investigation and thanked the Department of Transportation Office of Inspector General for its assistance. Mr. Rosenstein praised Assistant U.S. Attorney Martin J. Clarke and Special Assistant U.S. Attorney Fara Damelin, Investigative Attorney with the Office of Inspector General for the National Science Foundation, who prosecuted the case.
Mescalero Apache Man Sentenced for Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Julius Scott Mendez, 21, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to two years of probation for his misdemeanor assault conviction. Mendez also spent 65 days in federal custody while awaiting sentencing.
Mendez was arrested on Oct. 10, 2013, on a criminal complaint charging him with assault. According to court filings, Mendez assaulted the victim, another Mescalero Apache man, in a location within the Mescalero Apache Reservation.
Mendez pled guilty on June 25, 2014, to a misdemeanor information charging him with assault by striking, beating or wounding. During his plea hearing, Mendez admitted to assaulting the victim in the early morning hours of Oct. 10, 2013, by kicking the victim in the face and chest. Mendez also acknowledged that, at the time of the assault, the victim was lying on the ground and unable to defend himself.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.Manufacturer of Spinal Devices and Surgeon to Pay United States $2.6 Million to Settle Alleged Kickback SchemeRead the Press Release
Omni Surgical L.P., doing business as Spine 360, a manufacturer of devices used in spinal surgery, and Dr. Jamie Gottlieb, an Indiana spinal surgeon, have agreed to pay $2.6 million to the United States to settle allegations that Spine 360 paid illegal kickbacks to Gottlieb to induce him to use the company’s products. Spine 360 is based in Austin, Texas.
“The Department of Justice has longstanding concerns about improper financial relationships between health care providers and their referral sources, because such relationships can alter a physician’s judgment about the patient's true health care needs and drive up health care costs for everybody,” said Assistant Attorney General Stuart F. Delery for the Justice Department’s Civil Division. “In addition to yielding a recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”
The Anti-Kickback Statute restricts the financial relationships that medical device manufacturers may have with doctors who use or prescribe their products. It is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based upon the best interests of the patient.
The settlement announced today involved payments that Spine 360 made between 2007 and 2009 to an entity controlled by Gottlieb. Although the payments were purportedly made pursuant to a series of intellectual property agreements, the United States contended that those agreements were shams, and that the payments were intended to compensate Gottlieb for using Spine 360 products in his surgeries.
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 Attorney General and the Secretary 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 a total of more than $22.4 billion through False Claims Act cases, with more than $14.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The case was handled by the Commercial Litigation Branch of the department’s Civil Division , the U.S. Attorney’s Office for the Northern District of Indiana and the U.S. Department of Health and Human Services-Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Makah Tribal Member Sentenced to 33 Months in Prison for Knife AttackRead the Press Release
An enrolled member of the Makah Tribe was sentenced today to 33 months in prison and three years of supervised release for assault with a dangerous weapon, announced U.S. Attorney Jenny A. Durkan. KENNETH A. WARD, 44, was taken into federal custody on December 26, 2013, following the assault on Makah Tribal land. At sentencing U.S. District Judge Robert J. Bryan said, “When you're drinking, you're a danger to your community and a danger to your family . . . . This was an inch away from a murder case . . . you're in luck you weren't successful with the swing of your knife.”
According to records filed in the case, on December 22, 2013, WARD showed up at the apartment of the victim and accused the victim of stealing his jacket. After punching the victim in the face, WARD pulled out a knife with a 2-3 inch blade, and slashed and cut the victim’s chin, narrowly missing the victim’s throat. The assault resulted in the victim having to receive medical treatment and four internal and four external stitches to his wounds.
WARD pleaded guilty in May 2014.
The case was investigated by the Neah Bay Department of Public Safety and the FBI.
The case was prosecuted by Assistant United States Attorneys J. Tate London and Ye-Ting Woo.
Major Federal Wildlife Prosecution at South Carolina PlantationRead the Press Release
Contact Person: Rhett DeHart (843) 727-4381
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that William Martin, age 59, of Yemassee, Keith Gebhardt, age 54, of Yemassee, and Mark Argetsinger, age 63, of Beaufort, were sentencedin federal court in Charleston, South Carolina, for the unlawful trapping and killing of migratory birds at Mackay Point Plantation in Jasper County. This crime is a violation of the Migratory Bird Treaty Act under Title 16, United States Code, Section 703. United States Magistrate Judge Bristow Marchant of Charleston sentenced Martin, Gebhardt, and Argetsinger to six months probation, community service, a one-year ban on trapping, and a fine. In addition to the guilty pleas of Martin, Gebhardt, and Argetsinger, Mackay Point Plantation LLC. has agreed to pay $250,000.00 in community restitution. The U.S. Attorney’s Office in South Carolina and the Fish and Wildlife Service will divide these funds among local animal charities such as the Center for the Birds of Prey and the Society for the Prevention of Cruelty to Animals (SPCA).
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Evidence presented in this case established that Mackay Point Plantation is an 8,000 acre plantation in Jasper County. It is a state-of-the-art hunting preserve that has twenty-six (26) miles on intra-coastal rivers, two large guest houses, horse stables, and a hunting dog kennel. The plantation is divided into different hunting areas for deer, quail, doves, and ducks, and it has twelve (12) employees who manage the hunting preserve. It is a private plantation and is used only by the owners and their family and friends.
William Martin is the general manager of Mackay Point. Keith Gebhardt trains the horses and the hunting dogs. Mark Argetsinger handles the heavy equipment. These employees release approximately 6,000 quail each year on the plantation for the owners to hunt. Red-tail Hawks and Great Horned Owls are native to South Carolina, and these birds of prey eat quail as natural predators. In order to improve the quail hunting, Martin, Gebhardt, and Argetsinger placed dozens of baited, steel traps to kill hawks and owls. These hawks and owls are protected under the Migratory Bird Treaty Act and cannot be killed without a permit.
This case came to the attention of the authorities based on a confidential tip. Soon thereafter, a South Carolina Department of Natural Resources (DNR) officer saw a dead hawk near the river bank on the plantation. The DNR and Fish and Wildlife Service (FWS) agents installed cameras on the plantation over a two-year period, and the surveillance footage shows Argetsinger and Gebhardt trapping and shooting more than 30 hawks and owls. The trapping and killing occurred only during quail season. This trapping is more gruesome than shooting the hawks and owls because the birds were often trapped for several days being killed.
In February 2014, a federal search warrant was executed at Mackay Point Plantation, and more traps and dead birds of prey were uncovered. Argetsinger and Gebhardt were interviewed and confessed to unlawfully trapping and killing hawks and owls in order to improve the quail hunting. Martin, the plantation manager, was also implicated in the trapping. There is no evidence that the owners of Mackay Point were involved in the killing of the hawks and owls.
The killing of birds of prey, such as hawks and owls, to improve quail hunting has become a widespread problem in the Southeast. The $250,000.00 in community restitution is one of the largest financial penalties in the history of the Fish and Wildlife Service. U.S. Attorney Bill Nettles stated after the guilty plea and sentencing that the “Federal Government has a strong interest in protecting our nation’s natural resources, including wildlife.” Nettles further stated that “Today's sentence sends a strong message to unscrupulous hunters and landowners who think they are above the law.”
Luis Santiago, Special Agent-in-Charge, Southeast Region, U.S. Fish and Wildlife Service said of today’s plea: “This case is an excellent example of the cooperative investigative efforts between the South Carolina Department of Natural Resources, and the U.S. Fish & Wildlife Service, and each agency’s strong commitment to investigate violations of wildlife laws. We take very seriously our mission to support our state counterpart wildlife enforcement agencies, and we will continue to aggressively pursue individuals as well as corporations who are involved in the illegal take of protected species of wildlife”.
Assistant United States Attorney Rhett DeHart of the Charleston office prosecuted the case. The case was investigated by agents of Fish and Wildlife Service and the South Carolina Department of Natural Resources.Mail Fraud Involving Mineral Rights Results in 32 Months in Prison and $1 Million Restitution for Louisiana ManRead the Press Release
Oklahoma City, Oklahoma – JORDAN SIMON, 34, of Baton Rouge, Louisiana, was sentenced by United States District Judge Joe Heaton to serve 32 months in prison for mail fraud involving mineral rights, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. According to court records, from November of 2011 through March of 2013, Simon induced an Oklahoma woman to sell her mineral rights to Simon’s company, Iconic Resources, promising to pay her for those rights. However, Simon sold the mineral rights to third parties and sent the woman checks which were rejected for insufficient funds and mailed her a bogus mineral deed which purported to convey the interests back to the woman.
Simon was charged by Information on February 25, 2014, and pled guilty on March 13, 2014. As part of his plea agreement, Simon agreed to pay restitution to the Oklahoma woman and to other victims whom he also defrauded of their mineral rights. Judge Heaton sentenced Simon to serve 32 months in prison, followed by three years supervised release, and ordered him to pay $1,054,143.86 in restitution to his victims.
This case is the result of an investigation by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.
Lubbock Man Pleads Guilty to Child Pornography OffenseRead the Press Release
LUBBOCK, Texas — Scott Brandon Hutcheson, 37, of Lubbock, Texas, pleaded guilty today before U.S. District Judge Sam R. Cummings to one count of transportation of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Hutcheson faces a statutory penalty of not less than five years or more than 20 years in federal prison, up to a $250,000 fine, and up to a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Hutcheson remains on bond.
According to the factual resume filed in the case, in January 2014, Hutcheson used his computer to send an image of child pornography to the wife of a childhood classmate of his. The image depicted the recipient’s son, age four or five, eating an ice cream cone. The image, however, had been modified to make it appear the child was engaged in sexually explicit conduct. The child’s name was also displayed across the top of the image. Hutcheson sent the image, under the name of a third party, with the message:
A friend of mine asked me to send you this, and to inform you that it has been re-blogged onto NAMBLA (North American Boy Love Association) sponsored websites. He said that you would understand that filth is an aesthetic.
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.”
The case was investigated by the Lubbock Police Department and the FBI. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Leader of Bakken Drug Trafficking Organization Sentenced to 20 Years in Federal CourtRead the Press Release
BILLINGS-A Washington man, who led a major drug trafficking organization that distributed large amounts of pure methamphetamine in Montana, particularly in the Bakken Region, was sentenced in federal court today for the offense of possession of methamphetamine with intent to distribute. Billings United States District Court Judge Susan P. Watters sentenced Robert Farrell Armstrong, also known as "Dr. Bob," to 240 months in prison, to be followed by a term of 5 years supervised release. Armstrong, 49, is from Moses Lake, Washington.
Assistant United States Attorneys Joseph Thaggard and Brendan McCarthy prosecuted the case, which is a part of Project Safe Bakken. That project is an interagency effort by the United States Attorneys for Montana and North Dakota and the Attorneys General for Montana and North Dakota, as well as a number of federal, state, local, and tribal law enforcement agencies. It designed to fight crime in the Bakken Region of eastern Montana and western North Dakota. The Drug Enforcement Administration (DEA), Montana Division of Criminal Investigations (MDCI), Sidney Police Department, Sweet Grass Sheriff's Department, Montana Highway Patrol, and the United States Border Patrol participated in the investigation of Armstrong and his accomplices as part of "Operation Oil Patch Kids." Thus far, the investigation has resulted in the convictions of 19 individuals for federal crimes related to Armstrong's drug trafficking organization.
The conspiracy at the heart of the charges against Armstrong and his accomplices began in approximately April 2012 and continued until October 2013, when a federal grand jury in Montana returned indictments that charged Armstrong and his associates with federal drug trafficking and firearms offenses. In a court document filed prior to Armstrong's sentencing, Thaggard wrote:
By the summer of 2012, the Defendant was living in Sidney, Montana and distributing large amounts of essentially pure methamphetamine through a network of subordinate drug traffickers. The methamphetamine came from the state of Washington. Sometimes the Defendant and his accomplices obtained the drugs in Washington. At other times, they met the source of supply in places in western Montana, then transported the drugs to Sidney. At other times the drugs were delivered directly to Sidney. Some of the members of the conspiracy carried firearms. Others acted as enforcers who collected drug debts."
Michael Cotter, the United States Attorney for the District of Montana, praised the sentence, stating "This defendant and his associates damaged the social fabric of Montana by distributing large amounts of pure methamphetamine in our state. The sentence handed down to Mr. Armstrong today should send a clear message to those who seek to commit similar crimes that such conduct will not be tolerated. With the dismantling of Mr. Armstrong's drug trafficking organization, Montana is a safer place to live."
Because there is no parole in the federal system, Armstrong will have to serve at least 85% of his sentence before he is released from prison.
The case was investigated by the DEA, MDCI, Sidney Police Department, Sweet Grass County Sheriff's Office, Dawson County Sheriff's Office, and the United States Border Patrol.
Kansas City Man Sentenced to Life in Federal Drug Trafficking CaseRead the Press Release
KANSAS CITY, KAN. - A Kansas City man was sentenced Thursday to life in prison in a federal drug trafficking case, U.S. Attorney Barry Grissom said.
Christopher Craig, 32, Kansas City, Mo., pleaded guilty to one count of conspiracy to distribute cocaine, crack cocaine and marijuana, and two counts of using a phone in furtherance of drug trafficking. He admitted that he was part of a drug trafficking ring that operated from January 2006 to December 2012 in Kansas City, Kan.
Prosecutors argued for a longer sentence on the grounds that Craig planned and participated in an attempted robbery on Aug. 14, 2012, that resulted in the shooting death of one of the robbers. Officers were called to Research Medical Center when a shooting victim was dropped off at the emergency room entrance. The victim died of three gunshot wounds to his upper body.
Investigators learned that Craig had planned the robbery. He had taken the victim and another man to a south Kansas City location where a large sum of money and drugs were kept. During the robbery, the target of the robbery shot the victim. Craig was a member of the MOB street gang.
Grissom commended the Kansas City, Kan., Police Department, the Kansas City, Mo., Career Criminal Squad, the FBI, Assistant U.S. Attorney Sheri McCracken and Special Assistant U.S. Attorney Trent Krug for their work on the case.
Justice Department Files Lawsuit Against Louisiana Crane Company Alleging Discrimination Against Work-authorized ImmigrantsRead the Press Release
The Justice Department announced today the filing of a lawsuit with the Executive Office for Immigration Review against Louisiana Crane Company LLC (Louisiana Crane), which is headquartered in Eunice, Louisiana.
The complaint alleges that Louisiana Crane violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by creating hurdles for immigrants during the employment eligibility verification process because of their citizenship status. Specifically, the complaint states that, from at least January 2013 until at least September 2013, Louisiana Crane required employees who it believed to be non-U.S. citizens to present specific documentation for the Form I-9 and/or E-Verify, but allowed believed to be U.S. citizens the flexibility to present a variety of documents. The INA’s anti-discrimination provision prohibits employers from discriminating against people with permission to work in the United States because of their citizenship status.
“The law protects people who have permission to work from facing discriminatory obstacles during employment eligibility verification,” said Molly Moran, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division. “It is important that all people who have permission to work in the United States face an equal playing field when proving their work authorization.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php , email [email protected] ; or visit OSC’s website at www.justice.gov/crt/about/osc .
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status, or national origin, or discrimination based on their citizenship status, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee should contact OSC’s worker hotline for assistance.
Gering Man Sentenced for Distributing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Ralph Moreno, 52, of Gering, Nebraska, was sentenced in the United States District Court at Lincoln, Nebraska, for distributing child pornography. The Honorable John M. Gerrard sentenced Moreno to 72 months imprisonment. There is no parole in the federal prison system. After his release from prison Moreno will begin a 5 year term of supervised release. Moreno will also be required to register as a sex offender.
On October 1, 2013, an Investigator with the Nebraska State Patrol downloaded a video of child pornography from Moreno’s computer. Two days later, five additional videos of child pornography were downloaded from Moreno’s computer. On November 12, 2013, Investigators with the Nebraska State Patrol executed a search warrant at Moreno’s residence. A list of search terms for securing child pornography was found in his bedroom. A forensic review of his computer revealed over 200 videos of child pornography collected over a five year period. The videos depicted numerous prepubescent children. The most common age range depicted was 6-12 years. The videos were graphic and showed children engaged in various sexual acts.
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 Attorney’s 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