Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 28 August 2014
Brandy Joe Charles and Anthony Robert Clifton Sentenced for the Armed Robbery of the Tennessee State Bank in NewportRead the Press Release
GREENEVILLE, Tenn. – On Aug. 27, 2014, Brandy Joe Charles, 40, of Franklin, N.C., and Anthony Robert Clifton, 23, of Houston Texas, were each sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in the robbery of Tennessee State Bank in Newport, Tenn. Charles was sentenced to serve 188 months in prison and Clifton was sentenced to serve 120 months in prison.
Upon their release from prison, each will be subject to supervised release under the supervision of the U.S. Probation Office for five years. There is no parole in the federal system.
Both Charles and Clifton pleaded guilty to the December 2012 bank robbery of the Tennessee State Bank and to brandishing a firearm in furtherance of the robbery. Charles and Clifton have also been indicted in the Northern District of Georgia with bank robbery of the Suntrust Bank in Gainesville, Ga., and with brandishing a firearm in furtherance of this robbery. If convicted in Georgia, both face a minimum mandatory sentence of 25 years and up to life in prison, which must be served consecutive to the sentence imposed in Tennessee.
U.S. Attorney William C. Killian praised the cooperative efforts of the Newport Police Department and FBI for the investigation of this case resulting in lengthy sentences for these armed and dangerous individuals. “These individuals were sentenced appropriately for their violent criminal acts. Fortunately, the victims in this robbery were not physically harmed. The U.S. Attorney’s Office will continue to vigorously prosecute cases involving violent acts such as these,” said Killian.
Law enforcement agencies participating in the joint investigation included the Newport Police Department and Federal Bureau of Investigation. Assistant U.S. Attorney J. Gregory Bowman represented the United States.
Armed Robber Exiled to 27 Years in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Steven Vondell Williams, age 48, of Washington, D.C., today to 27 years in prison for conspiracy to interfere with interstate commerce by robbery, interference with interstate commerce by robbery, possession and brandishing a firearm during a crime of violence and being a felon in possession of a firearm. Judge Titus imposed today’s sentence consecutive to a 27 year sentence that Williams is currently serving for murder committed in the District of Columbia.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Acting Assistant Director in Charge Timothy A. Gallagher of the Federal Bureau of Investigation - Washington Field Office.
According to evidence presented during the five day trial, on May 3, 2011, Williams and co-defendant Alton May entered the 7-11 store located at 8200 Martin Luther King Jr. Highway in
Glenarden, Maryland. They pointed handguns at an employee of a Loomis Armored vehicle who was carrying money to refill the automated teller machine located in the store and demanded money. The employee gave the gunmen the money bag. One of the gunmen also took the Loomis employee’s handgun.Williams and May fled in a vehicle and drove to May’s residence in Washington, D.C. On the way, they removed the cash from the Loomis bag and threw the bag into a dumpster. A GPS tracking device, which was in the money, permitted law enforcement to track the money from the store to the dumpster and then finally to May’s residence. Once inside the residence, Williams and May discovered the tracking device in the cash. They destroyed the tracking device. After throwing the cash, three handguns and two baseball caps used in the robbery onto the roof of the building, Williams and May jumped out of the apartment window and fled. From the rooftop of May’s apartment building, officers recovered approximately $30,000 in cash, three handguns, including the one stolen from the Loomis employee, and the baseball caps. Inside the apartment, officers recovered pieces of the broken GPS tracker.
Williams and May were identified through DNA recovered on the two ball caps and arrested.
Alton May, age 50, of Washington, D.C., previously pleaded guilty to his participation in the robbery, was sentenced to 300 months in prison and ordered to pay $180 in restitution.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant United States Attorney Leah Jo Bressack, who prosecuted the case.
Alice Man Guilty of Social Security Disability FraudRead the Press Release
CORPUS CHRISTI, Texas - Guatemozin Garcia, 59, of Alice, has pleaded guilty to fraudulently receiving Social Security disability benefits, announced U.S. Attorney Kenneth Magidson.
Garcia began receiving benefits from the Social Security Administration (SSA) after reporting he was unable to work as a result of disorders of the back. However, the investigation revealed that numerous individuals had regularly paid Garcia to prepare gravesites for funeral services during the time of his alleged disability. Specifically, Garcia would physically dig graves using a tractor and shovel, set up and take down tents, chairs and artificial grass used during the services. He would also perform other tasks as directed. Law enforcement later witnessed Garcia performing the described tasks.
At today’s hearing before U.S. Magistrate Judge Jason B. Libby, Garcia admitted he concealed all of his work activity from January 2008 until October 2013. As a result of the fraud, Garcia and his dependents received $148,043.70, in Social Security Retirement Survivors Disability Insurance Program benefits to which they were not entitled.
Social Security disability benefits are paid from the Disability Trust Fund to disabled persons who meet eligibility requirements. Other persons, such as the beneficiary’s spouse and minor children, may also be entitled to SSA benefits because of the disability of a wage-earner. The amount paid, on a monthly basis, is dependent on the wage-earner’s previously paid taxes, whether the wage earner is alive or deceased and whether Part B Medicare premiums are withheld.
Sentencing has been set for Dec. 12, 2014. At that time, Garcia faces up to five years in federal prison and a possible $250,000 fine.
The case was investigated by SSA - Office of the Inspector General. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting.
- 3 Men Sentenced in Kingwood Bank Robbery
Wednesday 27 August 2014
- Zeta Cartel Member Sentenced in Conspiracy to Smuggle Firearms/Grenades into Mexico
Wise Dentist Pleads Guilty to Drug ChargesRead the Press Release
ABINGDON, VIRGINIA – A Wise, Va. dentist has admitted to obtaining hydrocodone by fraud and to illegally distributing over 2,500 hydrocodone pills.
Newton Carroll Mullins, 65, of Wise, Va., who operates a dental practice in Wise, Virginia, waived his right to be indicted this morning and pled guilty to a two-count Information charging him with one count of possession with the intent to distribute and distributing hydrocodone and one count of obtaining hydrocodone by fraud.
“The abuse of prescription drugs continues to plague communities in Southwest Virginia and across the country,” United States Attorney Timothy J. Heaphy said today. “The problem impacts all levels of society and destroys communities. Long-term abuse of prescription drugs often leads to the other opioids like heroin. We must attack this problem with a comprehensive approach which combines enforcement with prevention and treatment.”
Today in District Court, Mullins admitted that between December 2012 and March 2014 he ordered 7400 hydrocodone pills from a drug distributor for use by his dental practice. However, Mullins instead used the hydrocodone for his personal use and the use of his then girlfriend. In addition, Mullins admitted to writing prescriptions for hydrocodone to his employees, who would fill the prescriptions and provide the drugs to Mullins.
At sentencing, Mullins faces a maximum possible penalty of up to 10 years in prison and a fine of up to $500,000 for count one and a maximum possible penalty of up to four years in prison and a fine of up to $250,000 for count two.
The investigation of the case was led by the Drug Enforcement Administration’s Tactical Diversion Squad (“TDS”), and included the assistance of the Health and Human Services – Office of the Inspector General. The Virginia State Police assisted the TDS with the execution of a search warrant of Dr. Mullins’ practice on April 23, 2014. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Winter Springs Man Sentenced to More Than 21 Years for Attempted Production and Distribution of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron yesterday sentenced Kevin Reynolds (40, Winter Springs) to 21 years, 10 months in federal prison for attempted production of child pornography and distribution of child pornography. He was also ordered to serve a life term of supervision, upon his release from prison. Reynolds pleaded guilty on June 5, 2014.
According to court documents and the evidence presented at sentencing, a federal search warrant was executed at Reynolds’ residence on November 1, 2013. Reynolds was in the process of downloading child pornography as agents entered his residence. An on-site preview of Reynolds’ computer confirmed that he had child pornography on his computer. Reynolds was arrested that day and had his initial appearance on November 4, 2013.
Based on an examination of evidence seized in the case, Reynolds was identified as a member of an online bulletin board that advertised and promoted the sexual exploitation of children. Using a screen name, Reynolds posted items of child pornography to the bulletin board. In his other posts, Reynolds expressed his sexual interest in girls between 6 to 10 years of age and his desire to “meet some pedomoms.” Reynolds offered to financially assist any interested family with their daughter’s expenses. On several occasions, Reynolds used his email account in an attempt to arrange to have sex with children. Reynolds indicated that he was willing to pay to be able to victimize a child, and even posted an advertisement on Craigslist in which he stated that he was looking for a “Single mom that needs some support.” In the advertisement, he stated, “Send photos . . . we can go from there.”
In addition to attempting to have sex with children, Reynolds attempted to produce child pornography. From February 2013 to April 2013, Reynolds exchanged emails with an individual located in Russia, in which Reynolds agreed to pay for child pornography to be made for him. As part of those efforts, Reynolds selected the child victim to be used, and sent $500 by Western Union to the individual in Russia. On another occasion, Reynolds communicated with a different individual about producing child pornography involving that individual’s niece. Reynolds wanted to know if “there are any limits on what you can get her to do” and offered to pay for the child pornography to be produced.
During an interview with FBI agents, Reynolds admitted that he was involved in trading images and videos of child pornography. Reynolds told agents that he had destroyed a hard drive filled with images and videos of child pornography two weeks prior to the search warrant being executed because he was afraid of being caught. Despite those efforts, a search of Reynolds’ computers and hard drive revealed that he was in possession of hundreds of images of child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
This is another 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.
Windsor Man Sentenced to Prison for Making and Selling Bootlegged Dvds and CdsRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOHN W. RICE, 41, of Windsor, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 18 months of imprisonment, followed by three years of supervised release, for producing and selling thousands of pirated CDs and DVDs.
According to court documents and statements made in court, between 2000 and 2013, doing business as “Dr. Jay’s Entertainment,” RICE manufactured copies of motion pictures, television shows, and music that were copyrighted works, using recordable blank DVDs and CDs. RICE also produced labels for the discs and paper inserts for the cases in which the pirated works were sold. RICE set up tables in various locations on which he displayed and sold the bootlegged merchandise, and also advertised and sold the materials over the Internet through Facebook.
The government seized a total of 8,913 DVDs and 11,410 CDs from RICE and Dr. Jay’s Entertainment.
For the past 13 years, the sale of counterfeit media has constituted RICE’s only source of income, and RICE has admitted that he could make up to $300,000 annually from the illegal sales.
RICE also structured cash deposits into his bank account. In addition, in November 2012, RICE withdrew from his account $39,237.23 in cash derived from his criminal activity in order to purchase a cashier’s check payable to BMW of West Springfield.
RICE has forfeited $48,195.42 seized from his bank account, as well as a 2005 Chevrolet Corvette and a 2012 BMW 650i that he had purchased, but had registered in the names of third-parties.
On April 25, 2014, RICE pleaded guilty to one count of criminal copyright infringement and one count of money laundering.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations and the Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Westville Woman Pleads Guilty to Conspiracy (Methamphetamine Distribution)Read the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that AMANDA JO JONES, age 24, of Westville, Oklahoma, pled guilty to Conspiracy, in violation of Title 18, United States Code, Sections 371.
The charge arose from an investigation by the District 16 District Attorney’s Drug Task Force, the U.S. Drug Enforcement Administration, and the United States Postal Inspection Service.
The Information filed alleged that from in or about June 2013 until on or about April 9, 2014, in the Eastern District of Oklahoma and elsewhere, the defendants, did willfully and knowingly combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty pleas and ordered the completion of presentence reports.
The statutory range of punishment is up to 5 years imprisonment and/or up to a $250,000.00 fine.
First Assistant United States Attorney Doug Horn represented the United States.
Washington, DC Man Who Escaped Twice Exiled to over 19 Years in Prison for Escape, Drug and Gun ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Deandre Kelly, age 32, of Washington, D.C., today to 236 months in prison, followed by five years of supervised release for possession with intent to distribute narcotics, escape, and for carrying and using a firearm in relation to a drug trafficking crime and a crime of violence. Judge Bennett ordered that 8 years of Kelly’s sentence will be served consecutive to the 15 year sentence he is currently serving for a conviction in the District of Columbia.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Maryland U.S. Marshal Johnny Hughes; District of Columbia U.S. Marshal Edwin D. Sloane; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Garrett County Sheriff Robert E. Corley; Garrett County State’s Attorney Lisa Thayer Welch; and Maryland Attorney General Douglas F. Gansler.According to Kelly’s plea agreement, on July 15, 2009, Kelly pleaded guilty in U.S. District Court in the District of Columbia to conspiracy to distribute and possess with intent to distribute PCP, and possession with intent to distribute crack cocaine. Kelly was released pending sentencing. When Kelly failed to appear for sentencing, a warrant was issued for his arrest. Kelly remained a fugitive until January 22, 2011.
On January 22, 2011, Kelly was the front seat passenger in a vehicle that was stopped for speeding in Garrett County by a Maryland State Trooper. As the driver and back seat passenger got out of the vehicle, Kelly jumped into the driver’s seat and took off speeding. Troopers pursued Kelly for seven miles until he crashed the vehicle. Although he gave a false name, Kelly was identified by his fingerprints. A search of the vehicle recovered a pound of marijuana on the front passenger side floor, where Kelly had been seated, and a loaded .40 caliber handgun, with an obliterated serial number, located under the rear portion of the driver’s seat. In addition, 47 grams of crack cocaine and a small amount of marijuana were recovered from Kelly’s pants.
Kelly was initially taken to the Garrett County Memorial Hospital. On January 23, 2011, Kelly was transferred to the Garrett County Detention Center to be held for an initial appearance the next day. At about 8 p.m. that evening, Kelly brandished a firearm, assaulted the officers working in the detention center, and escaped. A car was waiting for him outside the jail and he was taken to his brother’s home in Prince George’s County, Maryland. Subsequent investigation showed that Kelly had made several phone calls from the detention center to plan his escape.
Kelly was arrested again on May 2, 2011, in Lynchburg, Virginia.
United States Attorney Rod J. Rosenstein commended the Maryland and Washington, D.C. U.S. Marshals Service, Maryland State Police, Garrett County Sheriff’s Office, Garrett County State’s Attorney’s Office, and the Maryland Attorney General’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Andrea L. Smith and Special Assistant United States Attorney Gerald A. A. Collins, a cross designated Maryland Assistant Attorney General assigned to Exile cases, who prosecuted this Organized Crime Drug Enforcement Task Force case.
United States Files Motion to Dismiss Criminal Charges Against Thomas R. Rodella, Jr.Read the Press Release
ALBUQUERQUE – This morning the U.S. Attorney’s Office filed an unopposed motion to dismiss the charges against Thomas R. Rodella, Jr., in the criminal case captioned United States v. Thomas R. Rodella and Thomas R. Rodella, Jr, 14-CR-2783 JB (DNM).
Thomas R. Rodella, Jr., and his father, Thomas R. Rodella, the Sheriff of Rio Arriba County, were indicted by a federal grand jury on Aug. 12, 2014. The two men were arrested by the FBI on Aug. 15, 2014.
The charges in the five-count indictment arise out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Sheriff Rodella and Thomas R. Rodella, Jr., allegedly engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the Indictment charges the two men with participating in a conspiracy to violate the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charges them with subjecting the victim to an unreasonable seizure while acting under color of law and alleges that the offense against the victim involved the use of a dangerous weapon and resulted in bodily injury to the victim. Count 3 charges Sheriff Rodella with brandishing a firearm during a crime of violence. Counts 4 and 5 charge Sheriff Rodella and Thomas R. Rodella, Jr., respectively, with making false statements in law enforcement reports regarding the events giving rise to charges in Counts 1 and 2 of the indictment.
The United States’ motion seeks dismissal of the charges against Thomas R. Rodella, Jr., based on information indicating that he has a medical condition that puts into doubt whether he has the cognitive ability to form the specific intent necessary to prove the charges against him beyond a reasonable doubt. The motion states that the United States learned about the medical condition after the indictment was filed and after Thomas R. Rodella, Jr., was arrested. The United States concluded that it was in the interests of justice to seek dismissal of the charges against Thomas R. Rodella, Jr., after conducting an investigation into his medical condition.
The United States is proceeding with the prosecution of the case against Sheriff Rodella, the trial of which is scheduled to begin on Sept. 22, 2014. The United States reiterates that charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
-
Motion to Dismiss
-
U.S. Settles with DuPont to Resolve Clean Air Act Violations and Protect Communities and Kanawha River Near West Virginia FacilityRead the Press Release
The Department of Justice and U.S. Environmental Protection Agency (EPA) announced today a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, W. Va. facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance at EPA. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances. DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes. In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications. DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010, the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of January 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on January 22 and 23 include failing to:- identify hazards that may result from accidental releases;
- design and maintain a safe facility;
- minimize consequences of accidental releases that do occur;
- follow recognized industry safety practices;
- train employees on how to respond to potential risks;
- frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations; and
- follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of DuPont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and t he Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on Sept. 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, see http://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp ).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.U.S. Attorney’s Office Hosts 18th Annual Native American Conference in RenoRead the Press Release
RENO, Nev. – United States Attorney Daniel G. Bogden this week welcomed members of the Nevada Native American community network to the 18th Annual Native American Conference being held Aug. 25 through Aug. 27, 2014, at the Grand Sierra Resort in Reno. Attendees include members of tribal government, tribal law enforcement, social workers, court personnel, and others.
“I take great pride in our work with Nevada Native American Tribes and in handling Indian Country matters,” said U.S. Attorney Bogden. “Our annual conference is one method we use to strengthen collaboration with our tribal partners. This year’s conference, entitled “Working Together for Hope, Healing and Justice,” is intended to assist us in protecting our most precious resource – our children.”
U.S. Attorney Bogden is assisted at the conference by his Criminal Chief Eric Johnson, Reno Branch Chief Sue Fahami, Assistant U.S. Attorney and tribal liaison Shannon Bryant, Assistant U.S. Attorney Carla Higginbotham, his victim witness staff, and law enforcement representatives from the FBI and Bureau of Indian Affairs. Funding and additional assistance for the conference was provided by the U.S. Department of Justice Office for Victims of Crime. The agenda includes classes and speakers on a wide variety of subjects such as crisis response, bullying, child and youth sex abuse, interviewing child victims, child trafficking, Indian Country jurisdiction, and case studies in Indian Country.
The Department of Justice released yesterday its second report to Congress entitled Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010, as well as information about the progress of the Attorney General’s initiatives to reduce violent crime and strengthen tribal justice systems. For further information, see http://www.justice.gov/opa/pr/2014/August/14-ag-902.html
Nevada is home to 26 federally recognized Native American Tribes located on 31 reservations and colonies. For more information on the U.S. Attorney’s work with Nevada Indian tribes, visit http://www.justice.gov/usao/nv/programs_tribal.html.U.S. Attorney’s Office Closes Investigation Involving Fatal Shooting of Aaron Alexis No Charges to Be Filed Against Officers Who Responded to Mass Murders at Washington Navy YardRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that it will not pursue criminal charges against law enforcement officers in connection with the events last year at the Washington Navy Yard that led to the fatal shooting of Aaron Alexis.
The decision was made after reviewing witness statements, surveillance video, photographs, diagrams, physical evidence, law enforcement agency reports from the FBI, Metropolitan Police Department (MPD), U.S. Park Police, and Naval Criminal Investigative Service (NCIS), and the autopsy report for Mr. Alexis. By the time of the shooting, Mr. Alexis had killed 12 people and wounded four others as he moved from floor to floor, repeatedly opening fire, in a five-story structure at the Navy Yard complex.
The U.S. Attorney’s Office determined that none of the law enforcement officers whose actions were reviewed in this case possessed the requisite criminal intent at the time they either discharged their weapons or shot and killed Mr. Alexis. To the contrary, the review determined that there is more than sufficient evidence to conclude, that under all of the prevailing circumstances at the time of the shooting, the officers were acting in defense of themselves and others. The review determined that the officers acted reasonably at all times to neutralize a life-threatening situation.
“After a careful review of the evidence, we have closed this investigation,” said U.S. Attorney Ronald C. Machen Jr. “We concluded that the law enforcement officers involved demonstrated exceptional valor in acting to protect the lives of Navy Yard employees and other responding law enforcement officers.”
On Sept. 16, 2013, shortly after 8 a.m., Mr. Alexis, a 34-year-old military contractor for the Department of Defense, entered Building 197, which is on the west side of the Navy Yard complex in Southeast Washington. Within the next 15 minutes, Mr. Alexis, who was armed with a 12-gauge sawed-off shotgun, began an attack that caused the deaths of 12 civilians, as well as non-fatal injuries to three civilians and one MPD officer. Multiple local and federal law enforcement agencies began responding within minutes of the first report of shootings.
Throughout the attack, Mr. Alexis systematically moved from floor to floor, killing and wounding anyone he saw. Eight victims were shot and killed on the fourth floor; two others were shot and wounded. Two victims were killed on the third floor; two other victims, including an MPD officer, were shot and wounded. One victim, a building security officer, was killed on the first floor; and one victim was killed in a parking area. After killing the building security officer, Mr. Alexis took the officer’s 9-millimeter handgun, which he also used as a weapon.
After killing the victims in rapid succession, Mr. Alexis kept moving through the building’s stairwells, hallways, and work areas and cubicles, repeatedly firing at law enforcement and security officers trying to apprehend him. He shot at a second building security officer and a U.S. Navy Military Police officer on the first floor, leading to an exchange of gunfire. The building security officer fired at Mr. Alexis as Mr. Alexis ran across the atrium and out of view. In a separate confrontation, Mr. Alexis fired at an NCIS agent and two officers with the Naval District of Washington, also on the first floor. They returned fire; however, there is no evidence that Mr. Alexis was hit by this gunfire.
Mr. Alexis then returned to the third floor and once again confronted police, shooting a Special Operations Division officer from the MPD, who collapsed to the floor. Another NCIS agent fired back at Mr. Alexis after the officer was hit, but Mr. Alexis was not hit.
Finally, after these shootings, Mr. Alexis hid under a desk on the third floor, waited, and attempted to ambush an Emergency Response Team officer from the MPD and a U.S. Park Police officer as they entered the area where he was located. At about 9:25 a.m., Mr. Alexis shot at the MPD Emergency Response Team officer, hitting the plate of his police tactical vest. The MPD Emergency Response Team officer and the U.S. Park Police officer returned fire and were able to shoot and kill Mr. Alexis.
Under the applicable federal criminal civil rights laws, prosecutors must establish beyond a reasonable doubt not only that an officer’s use of force was excessive, but also that the officer willfully deprived an individual of a constitutional right. Proving “willfulness” is a heavy burden, and means that it must be proven that the officer acted with the deliberate and specific intent to do something the law forbids. Accident, mistake, fear, negligence and bad judgment do not establish such a criminal violation. After a careful, thorough and independent review of the evidence, federal prosecutors have found no evidence to prove a civil rights violation, beyond a reasonable doubt, against any of the officers involved in this matter. Accordingly, the investigation into this incident has been closed without prosecution.
The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.
14-184U.S. Attorney Luger Files Civil Rights Lawsuit Alleging Religious Discrimination by the City of St. Anthony VillageRead the Press Release
United States Attorney Andrew M. Luger and Acting Assistant Attorney General Molly Moran for the Justice Department’s Civil Rights Division today announced the filing of a lawsuit against the City of St. Anthony Village for an alleged violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Specifically, the lawsuit seeks injunctive relief requiring St. Anthony to allow the Abu Huraira Islamic Center to maintain a worship space in the basement of the St. Anthony Business Center.“Freedom of religion and the right to assemble peaceably are enshrined for all Americans in the Bill of Rights,” said U.S. Attorney Luger. “This office conducted a thorough investigation of the circumstances surrounding the City Council’s decision to deny Abu Huraira the right to worship in the St. Anthony Business Center. It is a solemn duty of all United States Attorneys to uphold the Constitution. The people of Abu Huraira have a right to assemble peaceably – they have a right to practice their religion, and it’s our job to enforce that right.”
“Religious freedom is one of our most cherished rights, and there are few aspects of that right more central than the ability of communities to establish places for collective worship,” said Molly Moran, Assistant Attorney General of the Civil Rights Division.
The complaint, filed in the U.S. District Court in Minneapolis, alleges that the St. Anthony Village City Council treated an application for a conditional use permit to assemble in the St. Anthony Business Center filed by Abu Huraira on less than equal terms as other, non-religious, conditional use permits for assembly. The denial of the necessary permit for the worship center unlawfully disfavored a religious use, because the light industrial zone where the building is located allowed “assemblies, meeting lodges and convention halls,” including a union hall with banquet facilities available to be rented by the public.
In addition to Abu Huraira treatment on less than equal terms to similarly situated secular organizations, the denial of Abu Huraira’s permit substantially burdens its members in practicing their faith. Abu Huraira members’ ability to exercise their religion is limited by their current worship site options, including, but not limited to the fact that members in the northern Twin Cities are burdened from praying together based on the length of time it takes to travel to the worship centers in south Minneapolis. Moreover, prayer space at locations in Minneapolis are too small to accommodate members, many of whom often have to pray in hallways or entryways, and hold multiple prayer sessions in shifts to accommodate crowds.After conducting a search for adequate prayer space lasting nearly three years, Abu Huraira entered into a purchase agreement for the St. Anthony Business Center. The business center is an ideal location for Abu Huraira because it is centrally located, has a basement measuring approximately 11,600 square feet, and has ample parking. The business center is in the “light industrial” zone of St. Anthony, conditional uses for which included “assemblies, meeting lodges, and convention halls.”
In February 2012, after consulting St. Anthony Village officials, Abu Huraira applied for a conditional use permit for assembly in the light industrial zone. It was denied on June 12, 2012, by a St. Anthony Village City Council vote of 4-1, despite the professional St. Anthony City Planning Staff recommending approval, despite the St. Anthony Village City Planning Commission recommending approval, and despite members of Abu Huraira attending each meeting of the Council and Planning Commission to address any concerns held by the City.
The lawsuit filed by the U.S. Attorney’s Office in Minnesota seeks to enforce Abu Huraira’s constitutional rights under RLUIPA by requiring St. Anthony Village to grant the conditional use permit to allow Abu Huraira to assemble for the purpose of worship.
Assistant U.S. Attorneys Bahram Samie, Ana Voss, and Greg Brooker, as well as Justice Department
attorneys from the Civil Rights Division are representing the United States in this matter.RLUIPA, enacted in 2000, contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religion exercise. Persons who believe that they been subjected to religious discrimination in land use or zoning may contact the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division at 1-800-896-7743. More information about RLUIPA, including a report on the first ten years of its enforcement, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Two Undocumented Aliens Sentenced for Their Roles in Tax Refund Fraud ConspiracyRead the Press Release
U.S. Attorney Kenneth Polite and Deputy Assistant Attorney General Ronald A. Cimino of the Justice Department's Tax Division announced that OSCAR ARMANDO PERDOMO, 35, was sentenced to serve 42 months in prison for conspiracy to defraud the United States by filing false income tax returns that fraudulently claimed large tax refunds, mail fraud, and aggravated identity theft. In addition, SUSANA CARILLO MENDOZA, 38, was sentenced to serve 19 months in prison for her role in the conspiracy to defraud the United States. The defendants were further ordered to pay restitution and to serve terms of supervised release.
Both defendants have been detained since their arrest. MENDOZA is a Guatemalan national and PERDOMO is a citizen of Honduras, and both face possible deportation following the completion of their sentences. They were charged with being part of a multi-jurisdictional conspiracy to file false income tax returns. To date, 16 defendants have entered guilty pleas to various charges in the case, including JACQUELINE J. ARIAS, a tax return preparer in Spruce Pine, Alabama, who is pending sentencing. Thus far, all defendants have been sentenced to prison.
According to the indictments in this case, the conspirators filed false returns listing Individual Taxpayer Identification Numbers (ITINs). An ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to individuals who do not have, and are not eligible to obtain, a social security number. As alleged in the indictments, ARIAS was a certified acceptance agent, entrusted by the IRS with the responsibility of reviewing the documentation of an ITIN applicant’s identity and alien status for authenticity, completeness and accuracy before submitting their application to the IRS. The indictments charged that ARIAS and her coconspirators filed false applications for ITINs, in addition to false income tax returns, and that ARIAS collected preparation fees from the fraudulently-obtained tax refunds. According to the second superseding indictment, the conspirators purchased identification documents from overseas and Forms W-2 from other aliens illegally present in the United States for use in filing false income tax returns with ARIAS.
The case was investigated by U.S. Immigration and Customs Enforcement - Homeland Security Investigations; IRS-Criminal Investigation; the U.S. Secret Service; the U.S. Postal Inspection Service; and the Social Security Administration - Office of the Inspector General, in partnership with the St. Tammany Parish, La. and Jefferson Parish, La. Sheriffs’ Departments. The case was prosecuted by Department of Justice, Tax Division Trial Attorneys Hayden Brockett and Kevin Lombardi of the Justice Department’s Tax Division and Assistant United States Attorney David Haller.
Two North Alabama Men Indicted in Separate Child Pornography CasesRead the Press Release
Augus 27 , 2014
BIRMINGHAM -- A federal grand jury today indicted two north Alabama men in separate child pornography cases that include images of children younger than 12 years old, announced U.S. Attorney Joyce White Vance.A three-count indictment filed in U.S. District Court charges JUSTIN CLAY McNEILL, 28, of Somerville, with receiving, distributing and possessing child pornography on a computer at his Morgan County residence between July 8, 2013, and July 8, 2014. A separate and unrelated indictment charges JASON WARREN McCLURE, 36, of Huntsville, with receiving and possessing child pornography via the Internet at his Madison County home between January 26, 2013, and March 7, 2014.
Each of the child pornography charges carries a maximum penalty of 20 years in prison and a $250,000 fine.
The Alabama Bureau of Investigation investigated the case involving McNeill, which Assistant U.S. Attorneys Elizabeth A. Holt and Jacquelyn M. Hutzell are prosecuting. The FBI is investigating the case involving McClure, which Assistant U.S. Attorney Mary Stuart Burrell is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Two More Sentenced to Lengthy Prison Terms for Treasure Coast PNC Bank Robbery SpreeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, John A. Bolduc, Chief, Port St. Lucie Police Department, Ken J. Mascara, St. Lucie County Sheriff’s Office, Sean Baldwin Chief, Ft. Pierce Police Department, J. Michelle Morris, Chief, Sebastian Police Department, and Deryl Loar, Sheriff, Indian River Sheriff’s Office, announce the sentencing of Anthony Isaac Johnson, 25, and Allen Demetrius Bradford, 23, both of West Palm Beach, by U.S. District Judge Jose E. Martinez. Johnson was sentenced to 35 years in prison, followed by five years of supervised release. Bradford was sentenced to 481 months (over 40 years) in prison, followed by five years of supervised release.
Previously sentenced in this case were defendants Ivory Lee Robinson, III, 22, and Tomaleesha Jeffie Laqua McKeliver, 22, both of West Palm Beach, by U.S. District Judge Donald L. Graham. Robinson, a career offender, was sentenced to 262 months in prison, followed by five years of supervised release on February 27, 2014. McKeliver was sentenced to 102 months in prison, followed by three years of supervised release on December 16, 2013.
Defendants Raven Simone Sayers, 23, of Hallandale, Herbert Lenorris Smith, 37, of West Palm Beach, and Joe JR Desilien, 25, of West Palm Beach, were previously sentenced by Judge Martinez. Sayers was sentenced to 162 months in prison, followed by three years of supervised release on March 10, 2014. Smith was sentenced to 204 months, followed by five years of supervised release on May 20, 2014. Desilien was sentenced to 194 months, followed by five years of supervised release on July 14, 2014.
Paul Edward Moore pled guilty on May 14, 2014, and is scheduled to be sentenced on November 18, 2014.
Each of the defendants previously pled guilty to interference with commerce by robbery (Hobbs Act), in violation of Title 18, United States Code, Section 1951, and using and carrying a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c).
According to court documents, between June 8, 2013 and July 8, 2013, employees of five PNC bank branches, located in the counties of Indian River, Volusia, Hillsborough, and St. Lucie Counties, were robbed at gunpoint by three black males, whose faces were covered, wearing gloves. In all of the robberies, one male would brandish a handgun, while the other two approached and/or jumped the tellers’ counters demanding money.
On June 8, 2013, three black males entered the PNC Bank in Sebastian. Moore, Johnson and a third male ran into the bank, with Moore and Johnson jumping over the counter, with the third male remaining in the lobby area, brandishing a semiautomatic handgun. Bank employees and a customer, who was at the front counter, were ordered and forced to the floor, as the Moore and Johnson searched the teller drawers. After taking a large quantity of cash, which included a dye pack, all three males fled in a stolen vehicle, which they abandoned nearby.
On June 20, 2013, Moore, Johnson and Bradford entered the PNC Bank in Port Orange with faces covered and wearing gloves. Bradford brandished a firearm at the bank employees, while Moore and Johnson jumped the teller counters, demanding and taking United States currency. The three males fled the bank in a stolen vehicle, driven by Desilien, which was found abandoned nearby. Prior to the robbery, at a nearby McDonald’s restaurant, surveillance camera shows Moore, with Johnson and Desilien.
On July 1, 2013, Moore, Johnson and Bradford entered the PNC Bank in Tampa with faces covered, wearing gloves. One male brandished a firearm at the bank employees while the other two males jumped the teller counters, demanding and taking United States currency. The three males fled the bank in a stolen vehicle, found abandoned nearby. On this date, Sayers was in possession of a leased vehicle, in which the robbers fled the Tampa area.
During the night of July 7, 2013, into the early morning hours of July 8, 2013, Johnson, Moore, Bradford, Desilien, Sayers, Robinson, McKeliver, and Smith, met in West Palm Beach and planned and agreed to rob two St. Lucie County PNC banks at gun point. In order to carry out the two robberies, the group separated into two teams. The plan was for each team to have a female as a getaway driver and three males. Sayers and McKeliver agreed to be the robbery getaway drivers. Each team would steal a van, rob each of the banks at gunpoint, with their faces covered, leave the bank in the van, and transfer into the getaway vehicles, in order to flee the area. Sayers and McKeliver drove rental cars. The two teams travelled from Palm Beach County to St. Lucie County in the two rented cars. While en route, the two teams remained in cellular phone contact with one another. Once in St. Lucie County, the teams scouted PNC Banks and escape routes and stole two vans in Ft. Pierce for use in the two bank robberies. Later on July 8, 2013, two St. Lucie County PNC Banks were robbed at gunpoint, almost simultaneously. Law enforcement eventually identified, located, arrested and charged Sayers, Robinson, McKeliver, and their co- conspirators.
Mr. Ferrer commended the investigative efforts of the FBI, Port St. Lucie Police Department, St. Lucie County Sheriff’s Office, Ft. Pierce Police Department, Sebastian Police Department, Indian River Sheriff’s Office, Palm Beach County Sheriff’s Office, Port Orange Police Department, and Hillsborough County Sheriff’s Office for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Inmates Indicted for Murder, AssaultRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two inmates of the U.S. Medical Center for Federal Prisoners in Springfield, Mo., have been indicted, in separate and unrelated cases, for murdering one inmate and assaulting another.
USA v. Hill
Jerry Scott Hill, 43, was charged with voluntary manslaughter in an indictment returned by a federal grand jury in Springfield on Wednesday, Aug. 27, 2014. Hill allegedly killed another inmate, Cyprian Adoh, on July 19, 2014, during a sudden quarrel in the heat of passion by pushing his head into a wall. The resulting brain injuries caused Adoh’s death.
Hill is currently serving a 262-month sentence for possession of a firearm by a convicted felon, with a release date of Jan. 24, 2029. Adoh was serving a 70-month sentence for Medicaid/Medicare fraud.
USA v. Kinningham
Dean Kinningham, 51, was charged with assault with the intent to commit murder in an indictment returned by a federal grand jury in Springfield on Wednesday, Aug. 27, 2014. Kinningham allegedly assaulted another inmate, Gary Brown, by stabbing and slashing him with a razor blade on June 4, 2014.
Kinningham is currently serving a 262-month sentence for armed pharmacy robbery, with a release date of March 31, 2030. Brown is currently serving a 170-month sentence for conspiracy to possess crack cocaine with the intent to distribute, with a release date of Feb. 25, 2015.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Assistant U.S. Attorney Randall D. Eggert. They were investigated by the FBI and the U.S. Bureau of Prisons.
Two Individuals Plead Guilty to Importing and Selling Hazardous and Counterfeit Toys in New YorkRead the Press Release
Two New York residents pleaded guilty today in connection with importing more than 100,000 counterfeit and hazardous children’s toys from China for sale in the United States.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Loretta E. Lynch of the Eastern District of New York, Special Agent in Charge James T. Hayes Jr. of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) New York, Director Robert E. Perez of Customs and Border Protection (CBP) New York Field Operations, Chairman Elliot F. Kaye of the Consumer Product Safety Commission (CPSC) and Commissioner William J. Bratton of the New York City Police Department (NYPD) made the announcement.
“In a criminal twist on a toy story, the defendants made millions importing dangerous, knock-off toys that put children in harm’s way,” said Assistant Attorney General Caldwell. “The defendants used a continuously shifting series of corporate entities in an effort to stay one step ahead of law enforcement. But their game has now come to an end. The Department of Justice is committed to stopping those who would smuggle hazardous, counterfeit goods into the United States.”
“For eight years, the defendants lined their pockets while putting at risk the health of our children by smuggling dangerous and copyright-infringing toys into the United States,” said U.S. Attorney Lynch. “Today’s guilty pleas signify the end of this dangerous pipeline from China. We will continue to be vigilant and prosecute those who would smuggle dangerous and unlawful items into our country and neighborhoods.”
“The United States has some of the strongest toy standards and lowest lead limits in the world, specifically to keep children safe,” said CPSC Chairman Kaye. “We have no more important mission than protecting children. For that reason, the CPSC will continue to work with our federal partners to enforce toy safety requirements at the ports and in the marketplace.”
“The defendants in this case endangered thousands of American children by manufacturing for sale counterfeit toys made with unsafe amounts of lead and other hazardous chemicals,” said Special Agent in Charge Hayes Jr. “HSI focuses its efforts to protect intellectual property, first and foremost, on those counterfeit goods that present health and safety hazards to consumers.”
Chenglan Hu, 52, and Hua Fei Zhang, 53, of Bayside, New York, pleaded guilty in connection with importing children’s toys with copyright-infringing images and counterfeit trademarks of popular children’s characters, as well as unsafe lead levels, small parts that presented risks of choking or ingestion, easily-accessible battery compartments, and other potential hazards. Hu and Zhang were the last of nine defendants to plead guilty in this investigation; Guan Jun Zhang, Jun Wu Zhang, and five corporations – Family Product USA Inc., H.M. Import USA Corp., ZCY Trading Corp., Zone Import Corp. and ZY Wholesale Inc. – previously pleaded guilty to Consumer Product Safety Act (CPSA) and trademark counterfeiting charges. In pleading guilty to trafficking in hazardous consumer goods in violation of CPSA, Hu and Zhang also agreed to forfeit $700,000 and more than 120,000 unsafe children’s toys. The government previously seized three luxury vehicles and six bank accounts, and filed lis pendens against two real properties owned by Zhang in Queens, New York.
According to court filings and facts presented at the plea hearings, from July 2005 through January 2013, Hu, Zhang, and the other individual defendants used the companies they owned to import and sell toys from China from a storefront and warehouse in Ridgewood, New York, and other locations in Brooklyn, New York and Queens, New York. According to the indictment, CBP seized toys imported by the defendants from shipping containers entering the United States from China on 33 separate occasions. Seventeen of the 33 seizures contained toys prohibited from import into the United States because of excessive lead content, excessive phthalate levels, small parts that presented risks of choking, aspiration or ingestion, and easily-accessible battery compartments. Sixteen of the 33 seizures contained toys bearing copyright-infringing images and counterfeit trademarks, including a wide variety of popular children’s characters, such as Winnie the Pooh, Dora the Explorer, SpongeBob SquarePants, Betty Boop, Teenage Mutant Ninja Turtles, Power Rangers, Spiderman, Tweety, Mickey Mouse, and Pokémon, as well as those from movies such as “Cars,” “Toy Story” and “High School Musical.”
Hu, Zhang, and the other individual defendants changed their use of the companies, sometimes even forming new companies, and alternated their formal titles in order to conceal their continued importation and distribution of the hazardous and counterfeit toys.
Hu and Zhang pleaded guilty before U.S. Magistrate Judge James Orenstein of the Eastern District of New York. Sentencing will be announced at a later date.
The case was jointly investigated by the HSI Intellectual Property Rights Group and the NYPD, through its participation in the New York Border Enforcement Security Task Force, with the assistance of CBP and CPSC. The case was prosecuted by Senior Counsel Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys William Campos and Claire Kedeshian of the Eastern District of New York.Two California Residents Sentenced to Prison for Computer Theft from Charlotte-Based Online Mortgage BrokerRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced two California residents to prison on Tuesday, August 26, 2014, for their role involving computer theft from a nation-wide online mortgage broker (the “company”), announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Brian Matthew Rich, 40, of Laguna Beach, Calif., was sentenced to 24 months in prison, followed by two years of supervised release. Marcus Alan Avritt, 42, of Seal Beach, Calif. was sentenced to 15 months in prison and two years of supervised release. Judge Conrad also ordered both defendants to pay restitution to the company, the amount of which will be determined by the court at a later date.
John A. Strong, Special Agent in Charge for the Federal Bureau of Investigation, Charlotte Division, joins U.S. Attorney Tompkins in making today’s announcement.
According to filed court documents and court proceedings, Rich and Avritt were the co-owners of Chapman Capital, Inc., a California-based mortgage broker firm also doing business as “Home Loan Consultants.” Court records show that Rich and Avritt purchased unauthorized access to the victim company’s database, which contained data on consumers who had used the company’s online mortgage lending exchange network to apply for new and refinanced mortgage loans, from 2007 until January 2008. According to court records, Rich and Avritt purchased the unauthorized access from another California-based mortgage broker and co-defendant, Steve Kenneth Rosene. Court records indicate that Rosene had obtained the unauthorized computer access from the fourth member of the conspiracy, Jarrod Beddingfield, who was a former employee of the victim company.
According to court records, the victim company’s online mortgage lending exchange network facilitated millions of consumer loan requests for new and refinanced mortgages. Mortgage loan consumers used the internet to access the company’s network and to complete online mortgage application forms containing contact, non-public financial data and other information necessary to the mortgage application process. Court records indicate that the information submitted through this online process comprised the company’s mortgage referral information, known individually as “mortgage leads.” According to court documents, the mortgage referral information, which contained thousands of such individual mortgage leads, was valuable information because it consisted of mortgage loan consumers who were ready, willing and financially-able to close on mortgage loans, refinancing loans and home equity loans, court records show. By obtaining this information without paying the requisite fees and dues, Rich and Avritt avoided paying the victim company an estimated $745,152 for the stolen mortgage leads.
Avrit and Rich pleaded guilty in August and September 2013, respectively, to one count of conspiracy to illegally access and use the company’s customer database. The other two co-defendants, Rosene and Beddingfield, have also pleaded guilty to the same charge. Rosene has also pleaded guilty to one count of unauthorized computer access/exceeded authorized access for commercial advantage and financial gain. Rosene and Beddingfield will be sentenced by the court at a later date.
Avritt and Rich have been released on bond and will be ordered to the report to the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI. This prosecution is handled by Assistant United States Attorneys Tom O’Malley and Ben Bain-Creed of the U.S. Attorney’s Office in Charlotte.
Three Tennessee Men Indicted for Taking Civil War Artifacts from Tennessee River on TVA Land in AlabamaRead the Press Release
Augus 27 , 2014BIRMINGHAM -- A federal grand jury today indicted three Tennessee men on charges connected to the removal of Civil War-era archaeological artifacts from the Tennessee River at Bridgeport in Jackson County, Ala., announced U.S. Attorney Joyce White Vance and Tennessee Valley Authority Police Director David Jolley.
An indictment filed in U.S. District Court charges KENNETH STEPHEN FAGIN JR., 38, of South Pittsburg, Tenn., TERRY BRUCE TATE, 60, of Jasper, Tenn., and ANGELO DOMINIC PERUIT, 46, of Knoxville, Tenn., under the Archeological Resources Protection Act.
The indictment charges Fagin, former owner of Historical Resurrections in Jasper, Tenn., with one count of excavating and removing archeological resources from public lands, the Tennessee River at Bridgeport, in April 2010. It charges Fagin and Tate with one count of exchanging and transporting archeological resources taken from the river in March 2010. The indictment also charges Fagin and Peruit, owner of The Army of Tennessee Civil War Relics in Knoxville, with one count of offering to sell and exchange archeological resources removed from the river between April 1, 2010, and Aug. 31, 2011. The resources, in all counts, are said to have a commercial value and a cost of restoration and repair in excess of $500.
Each of the charges carries a maximum penalty of two years in prison and a $20,000 fine.
TVA Police Investigations Unit investigated the case, which Assistant U.S. Attorney David H. Estes is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Three Indicted for Conspiring to Traffic Cocaine by Circumventing Airport SecurityRead the Press Release
Anchorage, Alaska – Acting United States Attorney Kevin R. Feldis announced today that a grand jury indictment has been unsealed charging three men with conspiring to distribute five kilograms or more of cocaine between Las Vegas and Alaska. The indictment charges three Las Vegas men: Daren D. Cole, 47, Dewane E. Blue, 37, and Bryan M. Bledsoe, 36.
The indictment alleges that since 2012, Blue would obtain cocaine for distribution in Alaska and other states, and then give the cocaine to Bledsoe, an airport employee, who would bring the drugs into McCarran International Airport, Las Vegas, Nevada, without passing through security. Inside the terminal, Bledsoe would then meet with Blue or others after they had gone through security screening, and provide them with the drugs. The drugs would be placed in the traveler’s carry-on baggage for distribution to Alaska and other states. Drug proceeds would be shipped back to Blue and other conspirators using the mail or parcel services. The indictment details 12 parcels containing drug proceeds that were sent from Anchorage to Las Vegas. Four of the parcels were seized by law enforcement, containing a total of $414,230 in cash. The indictment seeks forfeiture of this money, along with several vehicles.
The indictment further alleges that on June 1, 2014, Cole dropped off money to Blue to facilitate a later drug transaction. Later that day, Blue met with Bledsoe for the purpose of providing him with approximately ten kilograms of cocaine for Bledsoe to carry into the airport. The indictment states that Bledsoe then used his airport credentials to enter secure areas of McCarran International Airport terminals. It is further alleged that Bledsoe transferred the cocaine to Blue, who gave it to Cole in an airport bathroom. Cole was arrested on June 1, when investigators seized the ten kilograms before he boarded his flight to Anchorage.
Cole was subsequently indicted in Alaska for attempting to distribute the cocaine in Alaska, and is currently in custody in Anchorage. Bledsoe and Blue were arrested between last night and this morning. They will be brought to federal court in Las Vegas for initial appearances on the Alaska charges.
The case was investigated by the Drug Enforcement Administration, in its Anchorage and Las Vegas District Offices; the United States Postal Inspection Service, in Anchorage and Las Vegas; the FBI Anchorage Safe Streets Task Force; the Anchorage Police Department; the Las Vegas Metropolitan Police Department; the Henderson Police Department; and the North Las Vegas Police Department. The Clark County Department of Aviation has been providing invaluable assistance to law enforcement’s efforts since the seizure of cocaine in the airport on June 1. The case is being prosecuted by the United States Attorney’s Office for the District of Alaska, which has been assisted by the United States Attorney’s Office for the District of Nevada.
The maximum penalties for the drug conspiracy charge include a minimum of 10 years in prison and maximum of life in prison, a $10 million fine, and at least five years of supervised release. The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.Three Athens Area Methamphetamine Traffickers Sentenced to Serve over Thirty Years in Federal PrisonRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Steven Chance Massey, 25, of Hull, Georgia, Christopher Phillip Vaughn, 37, of Martin, Georgia, and Talsey Cleveland McCullough, 33, of Comer, Georgia, were sentenced Tuesday to two hundred (200) months, one hundred twenty (120) months, and ninety (90) months imprisonment, respectively, by the Honorable C. Ashley Royal, Chief United States District Judge in Athens, Georgia following their federal methamphetamine trafficking and firearms convictions.On August 31, 2013, Athens-Clarke County Police Officers arrested an individual when they found him to be in possession of a distribution quantity of methamphetamine and a stolen firearm. Officers traced the methamphetamine and firearm back to an area hotel and found Defendants Massey, Vaughn, and McCullough in possession of a significant quantity — over 500 grams — of methamphetamine intended for further distribution in the Athens area along with several firearms, cash, digital scales, and cash.
In May 2014, Massey and Vaughn each pleaded guilty to one count of possession with the intent to distribute methamphetamine and McCullough pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime. “Drugs and guns are a deadly combination and a continuing scourge on our communities. Hopefully these sentences will convince others inclined to engage in the illegal methamphetamine trade that such activity is not worth the cost when caught.”
The case was investigated by members of the Northeast Georgia Regional Drug Task Force and the Athens-Clarke County Police Department. The case was prosecuted by Assistant United States Attorney Danial E. Bennett.
Questions concerning this case should be directed to Karen Moore, United States Attorney’s Office, at (478) 621-2606.
Susan B. Anthony Voting Trial ReenactedRead the Press Release
GRAND RAPIDS, MICHIGAN – In commemoration of Women’s Equality Day, the United States Attorney’s Office for the Western District of Michigan, along with the Federal Bar Association, hosted a reenactment of the 1873 Susan B. Anthony criminal trial today at the Gerald R. Ford Federal Court Building in downtown Grand Rapids, Michigan.
In full period costume, Susan B. Anthony was played by Federal District Court Judge Janet T. Neff, and Federal Magistrate Hugh W. Brenneman, Jr. played the trial judge. Lawyers from the U.S. Attorney’s Office played the prosecutor, defense attorney, and witnesses. U.S. Attorney Patrick Miles appeared as Frederick Douglass, a supporter of Susan B. Anthony and women’s suffrage. The first fourteen men who came to attend the program as spectators were surprised to receive jury summons papers with instructions to sit as the all-male jury.
Susan B. Anthony was arrested for voting in Rochester, New York, in the U.S. Presidential election on November 5, 1872. Her trial took place on June 17, 1873, in Canandaigua Courthouse, New York. The trial reenactment held today followed a historically accurate transcript of the actual criminal trial. At the trial’s conclusion, the judge instructed the jury to convict Susan B. Anthony, ordering, “Upon this evidence I suppose there is no question for the jury and that the jury should be directed to find a verdict of guilty.” Susan B. Anthony responded emphatically to the verdict, arguing, “In your ordered verdict of guilty, you have trampled underfoot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored.” The legal right for American women to vote was not obtained until 1920, after Susan B. Anthony’s death, with the ratification of the 19th Amendment to the U.S. Constitution.
The program was developed as a project of the United States Attorney’s Office Special Emphasis Program Committee whose mission is to develop and conduct programs, including commemorative observances, which increase understanding within federal offices of the special issues that can affect employees who are minorities, women, U.S. military veterans, and persons with disabilities.
END
Shiprock Man Sentenced to Seventy-Two Months in Prison for DWI-Related Murder ConvictionRead the Press Release
ALBUQUERQUE – Alvert Miller, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 72 months in federal prison followed by five years of supervised release for his second degree murder conviction.
Miller was arrested on May 1, 2013, based on a criminal complaint charging him with involuntary manslaughter for killing a 53-year-old Navajo man and driving under the influence of intoxicating liquor on April 27, 2013. Miller subsequently was indicted on May 29, 2013, and charged with second degree murder.According to court filings, on April 27, 2013, Miller was intoxicated when he lost control of the truck he was driving, causing a rollover collision on U.S. Highway 491 near Littlewater, N.M., which is located within the Navajo Indian Reservation. When the truck rolled over, the initial impact was on the passenger side of the vehicle, causing the victim, who was a passenger in Miller’s truck, to be ejected. The victim died upon impact as a result of blunt force trauma to the face and head. On April 29, 2013, during an interview with a tribal police investigator, Miller admitted that the rollover occurred because he was driving while intoxicated and fell asleep at the wheel.
On April 23, 2014, Miller pled guilty to the indictment and admitted killing the victim while driving under the influence of alcohol. In his plea agreement, Miller acknowledged that he knew based on his prior convictions for driving under the influence of alcohol that his conduct imperiled the lives of others.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Second of Three Defendants Sentenced in Hobbs Act Robbery ConspiracyRead the Press Release
PROVIDENCE, R.I. – Gennaro Miele, 62, of Niantic, CT., was sentenced today in U.S. District Court in Providence, R.I., to 41 months in federal prison for his role in a home invasion and robbery in March 2010, of a 78-year-old associate of the Gambino crime family in Stamford, CT., announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
U.S. District Court Judge John J. McConnell, Jr., also ordered Miele to serve one year supervised release upon completion of his prison term. Miele pleaded guilty on June 4, 2014, to one count of conspiracy to commit Hobbs Act robbery.
At the time of his guilty plea, Miele admitted to the court that he participated in a conspiracy with two other individuals, Napoleon Andrade, 33, of Central Falls, R.I., and Stephen L. Conti, 43, of Swansea, Mass. Plans to execute a home invasion and robbery which they formulated during meetings and telephone conversations that occurred in Rhode Island, Massachusetts and Connecticut.
According to court documents and information presented to the court, the home invasion and robbery were planned in a growing dispute over a loansharking debt that had grown to be in excess of $300,000. The target of the home invasion was a known associate of the Gambino crime family.
According to court documents and information presented to the court, Miele and two others gained entrance to the victim’s home on March 2, 2010, bound and blindfolded the victim and stole more than $200,000 worth of jewelry, more than $16,000 in cash and a double-barreled shotgun. Some of the items stolen were sold to a pawn shop in Rhode Island later the same day.
According to court documents and information presented to the court, Napoleon Andrade was the target of an unrelated, long-term federal, state and local law enforcement investigation into his suspected drug trafficking activities. During a March 8, 2010, conversation surreptitiously recorded by law enforcement, Andrade discussed his participation in home invasions in Connecticut and New York. An investigation by ATF agents determined that one of the home invasions discussed was the incident in Stamford, CT.
In August 2011, in matters unrelated to the home invasion, Andrade admitted to the facts that were the basis for charges contained in three federal indictments and three informations that were brought as the result of several ATF led investigations, and several joint federal, state and local investigations. Some of the investigations included “sting operations” and the use of electronic surveillance. Andrade received a10-year federal prison sentence for drug trafficking, money laundering, theft of government property and federal firearm violations. His sentence was enhanced by 63 months for his role in the March 2010 home invasion. He pleaded guilty in March 2014 to conspiracy to commit a Hobbs Act robbery.
Stephen L. Conti pleaded guilty on September 26, 2013, to conspiracy to commit a Hobbs Act robbery. He is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr. on September 12, 2014.
The cases highlighted in this news release are being prosecuted in the District of Rhode Island by Assistant U.S. Attorney Gerard B. Sullivan.
###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Scranton Man Charged with Sex Trafficking of A MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton resident was indicted by a federal grand jury yesterday for sex trafficking of a minor and conspiracy to commit sex trafficking of a minor.
According to United States Attorney Peter Smith, Sean Cantelmo, age 28, allegedly conspired with others to coerce a minor female to engage in prostitution and illegal sexual activity during February through May 2014.
The indictment alleges that the defendant used a cell phone to post advertisements for “escort services” involving the minor female on a website and rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities.
Cantelmo is charged with Conspiracy to Commit Sex Trafficking of Children by Force and Coercion and Sex Trafficking of Children by Force and Coercion.
Cantelmo was taken into custody yesterday and is scheduled to appear before U.S. Magistrate Judge Karoline Mehalchick at the Federal Courthouse in Wilkes-Barre later today.
The charges stem from an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the Pennsylvania State Police.
The sex trafficking of children by force and coercion and conspiracy charges are each punishable by a mandatory minimum sentence of 15 years in prison and a possible maximum sentence of life in prison.
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."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Resident of Harrisburg and New York Sentenced to 25 Years Imprisonment for Conspiracy to Distribute CocaineRead the Press Release
Maurice Henderson, 33, of New York and Harrisburg, was sentenced in federal court in Harrisburg, Pennsylvania, today to 25 years’ imprisonment following his conviction for criminal conspiracy and distribution of crack cocaine and powder cocaine. U.S. District Court Judge John E. Jones, III directed that Henderson remain on supervised release for 10 years following his jail sentence.
On February 10, 2014, a federal jury in Harrisburg returned a verdict finding Henderson guilty of conspiracy to traffic drugs and trafficking drugs.
According to United States Attorney Peter Smith, Henderson was convicted of criminal conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine hydrochloride and 280 grams or more of crack cocaine and distribution and possession with intent to distribute the same drugs. The jury found him not guilty of possessing a firearm in furtherance of drug trafficking. The verdict was returned following a week-long jury trial before U.S. District Court Judge John E. Jones, III.
Evidence presented during trial established that Henderson sold crack cocaine to an individual working with the Dauphin County Drug Task Force twice and also sold crack cocaine to an undercover police officer on two occasions. Witnesses testified that over a two-year period, Henderson and his co-conspirators made frequent trips from Harrisburg to a neighborhood in New York to purchase multiple kilogram quantities of cocaine hydrochloride, using rental cars and drivers to make the trips. Upon their return to Harrisburg, members of the conspiracy cooked the bulk of the cocaine hydrochloride into “crack” cocaine, weighed it, packaged it into smaller quantities and distributed to drug dealers in the Harrisburg area.
Co-conspirators Juval Green, 34, Robert Reynoso, 35, Derrice Sassaman, 39, and Annalyn Black, 26, all previously pleaded guilty to a drug trafficking conspiracy. Prior to jury selection in Henderson’s case, the government filed a notice stating that because Henderson has at least two prior felony drug convictions, he is subject a mandatory 20 years’ imprisonment.
The investigation that led to Henderson’s arrest and conviction was part of a larger investigation targeting crack cocaine dealing in the 14th and Swatara Street area in Harrisburg.
The case was investigated by the Drug Enforcement Administration, the Dauphin County Criminal Investigative Division, the Dauphin County Drug Task Force, Lower Paxton Township Police, Susquehanna Township Police, the U.S. Marshal’s Service, Pennsylvania State Police, and Harrisburg Police. It was prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Patrick Black Spotted Horse, age 25, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 15, 2014, and July 27, 2014, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, knowingly failed to register and update his registration.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Hill Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Joseph Paddock, 21, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Paddock was arrested on April 28, 2014, on a criminal complaint charging him with assault, and subsequently was charged in an indictment with assault with a dangerous weapon. According to court filings, Paddock assaulted the victim, a security guard employed by the Ramah Navajo School Board, by cutting him with a knife on April 18, 2014, at a location within the Navajo Indian Reservation.
During today’s hearing, Paddock entered a guilty plea to the indictment and admitted that on April 18, 2014, he assaulted the victim with a knife with the intent of causing bodily harm. Paddock acknowledged that as a result of the assault, the victim sustained injuries that required multiple stitches.
Paddock has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Paddock faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Ramah Navajo Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Philadelphia Woman Charged with Stealing Dead Mother's Retirement BenefitsRead the Press Release
Maxine Harvin, 71, of Philadelphia, PA, was charged by yesterday information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the information, the defendant received retirement benefits intended for her mother, after her mother’s death in March 2004 until her fraud was discovered in March of 2014. The defendant’s alleged actions resulted in a loss to the government of approximately $98,334.
If convicted, the defendant faces a maximum possible sentence of 10 years imprisonment, a three year period of supervised release, restitution to the government of $98,334, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Social Security Administration Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Philadelphia Political Consultant Pleads Guilty for His Role in Attempting to Conceal Campaign Finance-Related FraudRead the Press Release
Political consultant Gregory Naylor, 66, of Philadelphia, pleaded guilty today to making false statements to federal agents and misprision of a felony in connection with his role in attempting to conceal two campaign finance-related fraud schemes.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania, Special Agent in Charge Edward Hanko of the FBI’s Philadelphia Field Office and Special Agent in Charge Akeia Conner of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement. The plea was entered by U.S. District Court Judge Harvey Bartle III of the Eastern District of Pennsylvania.
According to court documents, the charges stem from Naylor’s participation in two campaign finance-related schemes initiated by a long-time friend and former employer, identified in the information as Elected Official A. In the first scheme, Naylor helped conceal the theft of federal grant funds and private charitable funds that were used to repay an illegal campaign debt incurred by Elected Official A during a 2007 campaign for elected office.
Specifically, Naylor was aware that large amounts of money from an unexplained source were being spent on Elected Official A’s campaign, and Naylor helped to conceal the source of those funds by preparing a false invoice for services rendered by his consulting firm. Naylor subsequently learned that Elected Official A and others orchestrated the theft of federal grant funds to repay the outstanding balance of the campaign debt, and he agreed to the falsification of campaign finance reports to further conceal Elected Official A’s activities.
Also according to court documents, in the second scheme, Naylor conspired with Elected Official A to pay down portions of the college debt of Elected Official A’s son using federal and local campaign funds. Some of the payments originated directly from the local campaign fund, and some were illegally sourced from Elected Official A’s federal campaign election committee and passed through the local campaign fund account to Naylor. Naylor made approximately $22,000 in improper payments between August 2007 and April 2011 at Elected Official A’s request. Naylor also falsely claimed on IRS forms that the payments made towards the college debt were earned income to Elected Official A’s son for services rendered as an independent contractor to Naylor’s consulting firm. When confronted by federal agents in investigative interviews about the payments, Naylor lied on two occasions and repeated his cover story that the son of Elected Official A was an independent contractor working for his political consulting firm.
Sentencing is scheduled for Dec. 2, 2014.
The case was investigated by the FBI and the IRS-CI with assistance provided by the NASA Office of the Inspector General. This case is being prosecuted by Assistant U.S. Attorney Paul L. Gray of the Eastern District of Pennsylvania and Trial Attorney Eric L. Gibson of the Criminal Division’s Public Integrity Section.Philadelphia Political Consultant Pleads Guilty in Attempt to Conceal Campaign Finance-Related FraudRead the Press Release
PHILADELPHIA – Political consultant Gregory Naylor, 66, of Philadelphia, pleaded guilty today to making false statements to federal agents and misprision of a felony in connection with his role in attempting to conceal two campaign finance-related fraud schemes. According to court documents, the charges stem from Naylor’s participation in two campaign finance-related schemes initiated by a long-time friend and employer, identified in the information as Elected Official A. In the first scheme, Naylor helped conceal the theft of federal grant funds and private charitable funds that were used to repay an illegal campaign debt incurred by Elected Official A during a 2007 campaign for elected office.
Specifically, Naylor was aware that large amounts of money from an unexplained source were being spent on Elected Official A’s campaign, and Naylor helped to conceal the source of those funds by preparing a false invoice for services rendered by his consulting firm. Naylor subsequently learned that Elected Official A and others orchestrated the theft of federal grant funds to repay the outstanding balance of the campaign debt, and he agreed to the falsification of campaign finance reports to further conceal Elected Official A’s activities.
The charges were announced by United States Attorney Zane David Memeger of the Eastern District of Pennsylvania, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, FBI Special Agent in Charge Edward Hanko and IRS Criminal Investigations Special Agent-in-Charge Akeia Conner. The plea was entered by U.S. District Court Judge Harvey Bartle III of the Eastern District of Pennsylvania.
Also according to court documents, in the second scheme, Naylor conspired with Elected Official A to pay down portions of the college debt of Elected Official A’s son using federal and local campaign funds. Some of the payments originated directly from the local campaign fund, and some were illegally sourced from Elected Official A’s federal campaign election committee and passed through the local campaign fund account to Naylor. Naylor made approximately $22,000 in improper payments between August 2007 and April 2011 at Elected Official A’s request. Naylor also falsely claimed on IRS forms that the payments made towards the college debt were earned income to Elected Official A’s son for services rendered as an independent contractor to Naylor’s consulting firm. When confronted by federal agents in investigative interviews about the payments, Naylor lied on two occasions and repeated his cover story that the son of Elected Official A was an independent contractor working for his political consulting firm.
The case was investigated by the FBI and the Internal Revenue Service-Criminal Investigations with assistance provided by the NASA Office of the Inspector General. This case is being prosecuted by Assistant U.S. Attorney Paul L. Gray and Trial Attorney Eric L. Gibson of the Criminal Division’s Public Integrity Section.
U.S. District Court Judge Harvey Bartle III scheduled a sentencing hearing for December 2, 2014. Naylor faces a maximum possible statutory sentence of 13 years in prison, a fine of up to $500,000, and up to three years of supervised release.Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Petersburg Cocaine Trafficker Sentenced to over 17 Years in Federal PrisonRead the Press Release
RICHMOND, Va. – Shawn Rives, 33, of Petersburg, Virginia, was sentenced yesterday to 210 months in prison, followed by four years of supervised release, for possession with intent to distribute crack cocaine.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office; and John I. Dixon III, Petersburg Chief of Police, made the announcement after sentencing by U.S. District Judge James R. Spencer.
Rives was indicted on Oct. 16, 2013 on two counts of possession with intent to distribute cocaine base, commonly known as “crack,” and three counts of possession with intent to distribute cocaine hydrochloride. When Rives failed to appear at his arraignment on the charges on Nov. 7, 2013, the court issued a warrant for his arrest. Rives remained a fugitive until Feb. 25, 2014, when the U.S. Marshal Service Fugitive Task Force, in conjunction with the FBI, arrested Rives at an apartment complex in Richmond, Virginia. According to an affidavit filed in the case, as the Fugitive Task Force agents made entry into the apartment, Rives kicked through the drywall of a closet in the residence, squeezed through the wall, and entered the adjacent apartment through the bedroom closet, where he attempted to hide.
Rives pleaded guilty on May 22, 2014 to distributing crack cocaine. According to court documents, law enforcement officers executed search warrants in March and October 2012 at residences in Petersburg where Rives was staying, or that were associated with him. At both locations, authorities recovered cocaine, chemicals used to prepare cocaine for sale, digital scales, baggies for distribution, and U.S. currency from the sale of cocaine. In addition, in June 2012, during a search incident to the arrest of Rives, officers recovered cocaine and $2,472 from Rives, along with additional cocaine and a digital scale from a vehicle.
In a statement of facts filed with his guilty plea, Rives admitted that he distributed at least five kilograms of cocaine hydrochloride and between one kilogram and 2.8 kilograms of cocaine base during 2013.
This case was investigated by the FBI’s Richmond Field Office and the Petersburg Bureau of Police. Assistant U.S. Attorney Angela Mastandrea-Miller prosecuted the case.A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:13-cr-175.
Over 450 Schools Expected to Participate in Student Pledge Against Gun Violence DayRead the Press Release
United States Attorney Kenneth Polite announced that on Wednesday, October 15, 2014, members of the U. S. Attorney's Office for the Eastern District of Louisiana (the “Office”) and their law enforcement partners will meet with students across Southeast Louisiana as part of his Office’s first district-wide Student Pledge Against Gun Violence Day.
Middle and high school students will sign a voluntary pledge promising that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence to prevent friends from using guns to resolve disputes. Elementary school children will make a simpler commitment, pledging that if they see a gun they will not touch it, they will assume that any gun they see might be loaded, and they will tell a teacher or a trusted adult.
In coordination with the Department of Justice’s Project Safe Neighborhoods program, the Student Pledge Against Gun Violence is a national program that recognizes the role that young people, through their own decisions, can play in reducing gun violence. This campaign against youth gun violence culminates each October in a Day of National Concern about Young People and Gun Violence. Students from around the country will join together in pledging to do their part to end gun violence. Over 10 million students nationwide have signed the pledge since its inception in 1996.
U.S. Attorney Polite stated that his Office began using the pledge during the 2013-14 school year, with approximately 2500 students signing the pledge at seven schools. Because of the outstanding response from school leaders and students, the Office decided to expand the initiative district-wide to include all schools in all 13 parishes, including Assumption, Jefferson, Lafourche, Plaquemines, Orleans, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne, and Washington. "Our Office is pleased to take this opportunity to reach out to students, engage in a dialogue about gun violence and the importance of making right choices, and encourage them to become peacemakers of our time," stated U.S. Attorney Polite.
In addition to providing the pledges, the U.S. Attorney’s Office will coordinate with other state, local, and federal law enforcement agencies to provide speakers at several schools to talk to students about what they can do to reduce gun violence in their communities.
Oshkosh Man receives 10 Year Sentence for Lead Role in Heroin ConspiracyRead the Press Release
United States Attorney James L. Santelle, of the Eastern District of Wisconsin, announced that on August 26, 2014, Sherman Maurice Threets (age: 29) of Oshkosh, Wisconsin, was sentenced to 10 years in federal prison by Chief United States District Judge William C. Griesbach. Threets had previously entered a guilty plea to a single count of conspiracy to distribute heroin.
According to the plea agreement and other documents filed with the court, Threets was the lead actor in an Oshkosh area heroin distribution ring with ties to distributors in Chicago, Illinois. Threets was previously convicted of Possession with Intent to Distribute Cocaine in Fond Du Lac County in 2005 and again in Winnebago County in 2007. He was on state supervision for both crimes at the time of his federal indictment.
In pronouncing sentence, Chief Judge Griesbach noted the clear danger that Threets presented to the community, especially by shifting his drug dealing business from cocaine to highly addictive heroin which has been responsible for an increasing number of overdose deaths in northeast Wisconsin. In addition to the prison sentence, Threets was ordered to spend an additional 10 years on supervised release.
The case was investigated by the Lake Winnebago Area Metropolitan Enforcement Group and the Oshkosh Police Department. The case was prosecuted by Assistant United States Attorney Daniel R. Humble.
Officials Announce Latest Results of Ongoing Effort to Combat Heroin EpidemicRead the Press Release
HARRISONBURG, VIRGINIA – Officials from the United States Attorney’s Office, the Virginia State Police, members of the Northwest Virginia Regional Drug Task Force, and the Drug Enforcement Administration announced today the most recent results of their ongoing fight against the growing heroin epidemic in the Western District of Virginia. Among those results was the sentencing of a pair of Strasburg residents who brought enough heroin into that Shenandoah County town to provide each resident of Strasburg with a dose of heroin.
The heroin epidemic, which in recent years has seen the number of overdose deaths and injuries spike in the northwest part of the district, continues to be a top priority for law enforcement officials in the region, and across the Commonwealth.
Today in District Court, Dwayne Fletcher and Megan Wooddell were sentenced for their participation in a multi-ounce heroin distribution conspiracy in and around Strasburg, Virginia. The conspiracy, which operated for several months and obtained large quantities of heroin from Philadelphia, Pennsylvania, brought enough of the drug into Strasburg to provide each of the town’s 6,398 residents with a dose of heroin.
This morning, Fletcher was sentenced to 87 months in federal prison. Wooddell was sentenced to 60 months in federal prison.
Officials also announced the sentencing of Dean Allen Roberson, 32, of Stephens City, Virginia. Roberson was previously convicted of distributing heroin which resulted in an overdose injury to another person. In that instance, Roberson traveled to Baltimore, Maryland and bought heroin. On March 21, 2014, he sold part of that heroin, and it led to the overdose of a woman in Stephens City. The victim was taken to the hospital shortly after overdosing and medical personnel concluded that if they had not intervened when they did, the overdose would have been fatal. Roberson was also convicted for his role in a conspiracy to distribute methamphetamine.
Today in District Court, Roberson was sentenced to 15 years of federal incarceration.
The United States Attorney’s Office for the Western District of Virginia, the Northwest Virginia Regional Drug Task Force which includes the Virginia State Police and the Drug Enforcement Administration continue to use all available resources to combat the epidemic rise of heroin abuse and overdose rates in the region.
In recent years, this cooperative group of law enforcement agencies has taken a proactive approach to address the rise in the use of heroin.
“Slowing the tide of heroin abuse has become an urgent priority for law enforcement,” United States Attorney Timothy J. Heaphy said today. “We must continue to vigorously pursue heroin traffickers and others who profit from the addiction of others. As we pursue this targeted enforcement, we must also support ongoing education, prevention and treatment initiatives. Like so many other issues plaguing our communities, we cannot simply arrest our way out of this problem. If we want to make real progress in our efforts to end heroin abuse, we must pursue a holistic, multi-pronged approach.”
“The significance of these arrests is measured in the total number of lives potentially saved,” said Captain Gary T. Settle, Commander of the Virginia State Police Bureau of Criminal Investigation’s Culpeper Field Office. “Through the persistent investigative efforts of the Northwest Virginia Regional Task Force, local, state and federal law enforcement across this region remain committed to protecting our residents from a heroin epidemic that has become a very deadly reality for so many families.”
“Heroin abuse equals death. Once this drug takes hold, it shatters dreams and ends lives. The DEA tirelessly works with our schools and communities to educate our youths and adults, alike, of the perils of heroin use,” said Special Agent in Charge Karl C. Colder of the DEA’s Washington Field Office. “Today’s sentencings are the result of DEA’s strong partnership with local and state law enforcement agencies in investigating and prosecuting criminal drug organizations that significantly affect our communities. DEA will continue to stand with our state and local authorities, dedicating all manpower and resources at our disposal to combat these ruthless heroin trafficking organizations.”
In addition to enforcement efforts, the cooperative agencies have taken a number of steps to educate the public about the dangers of heroin use and abuse. Over the course of the past 12 months, the agencies have hosted three heroin summits, which brought together community members, school leaders, prevention professionals and treatment officials for frank discussions about the heroin issue and how it can be addressed going forward.
“These initial meetings are just the beginning of what our communities need to do in addressing the heroin problem,” U.S. Attorney Heaphy said today. “We need communities hit by heroin abuse to continue this prevention work going forward. We will only be successful if we keep working as a team, across jurisdictional lines.”
The investigations of these cases were conducted by the Northwest Virginia Regional Drug Task Force, which includes the Virginia State Police, and the Drug Enforcement Administration. The Task Force includes law enforcement from the counties of Frederick, Clarke, Shenandoah, Warren and Page as well as the cities and towns of Winchester, Front Royal and Strasburg.
Assistant United States Attorney Elizabeth Wright prosecuted the cases for the United States.
Office Manager of Moberly, Missouri Funeral Home Sentenced on Fraud ChargesRead the Press Release
St. Louis, MO – BEVERLY SUSAN RENE SMITH was sentenced to six months of home confinement and five years of probation on charges involving her theft of approximately $176,000 from Million-Taylor Funeral Home. These funds were intended to cover customer’s funeral expenses. She was also ordered to pay restitution of $175,705.
According to court documents, Smith was hired by the original owner of the Million-Taylor Funeral Home (MTFH) in Moberly. James Taylor, Sr. hired Smith in 2001 as the office manager, a job she held from 2001 to June 2012. Her position included payroll expenses and expenses to vendors for the costs of funerals. She also received payment for funerals, which she recorded in a financial ledger. Additionally, she was required to report all of MTHF’s financial transactions to their accounting firm, Federated Funeral Directors of America (Federated). Smith also had access to MTHF’s banking, general fund and escrow accounts.
To pay for funeral expenses of a client, MTHF first used money from its general operating fund to cover these expenses. Then Smith was supposed to recoup payment for the funeral expenses from the representatives or family members of the deceased, from the life insurance of the deceased and/or from pre-needs insurance accounts of the deceased. When the payments were received, Smith was to deposit them back into the general fund. If she was not able to recoup full payment for funeral expenses of a client, she reported this information to Federated and informed them that the account was a bad account and that they should write it off as no further effort would be made to recoup payment for these expenses. This way she was able to conceal that she had stolen some client payments made for funeral expenses, which she deposited into the escrow account.
While James Taylor, Sr. operated MTHF, he allowed customers to pay money for their expected funeral expenses before they died. MTHF deposited this money into MTHF’s escrow account. He and Smith were the only employees who had access to the escrow account. After James Taylor, Sr. died in 2006, Smith concealed the existence of the escrow account from other MTHF employees. On several occasions Smith took the payments that were sent to MTHF for funerals, and instead of depositing them into the general fund, she deposited the funds into the escrow account. Smith was able to withdraw funds from the escrow account undetected to use for her personal use, including the purchase of clothing and jewelry. She hid the withdrawals by manipulating the financial records of MTHF.
Smith, Higbee, MO, pled guilty in May to one felony count of wire fraud, and appeared in St. Louis today for sentencing before United States District Judge Rodney Sippel.
The case was investigated by the Federal Bureau of Investigation and the Missouri State Highway Patrol. Assistant United States Attorney Anthony Franks handled the case for the U.S. Attorney’s Office.Nez Perce Tribal Member Sentenced for Assaulting OfficersRead the Press Release
COEUR D'ALENE - Robert Wesley Warden, 49, of Kamiah, Idaho, was sentenced today in federal court to 10 months in prison for assaulting three law enforcement officers, U.S. Attorney Wendy J. Olson announced. He went to trial and was convicted on May 7, 2014.
During the trial, Chief U.S. Magistrate Judge Candy W. Dale heard evidence that on September 15, 2012, a distressed child called 911 and reported that Warden was beating her mother. The child’s mother also spoke to the 911 dispatcher. She reported that Warden threw her down and began kicking her in the face. The 911 dispatcher contacted the Nez Perce Tribal Police and a Kamiah Marshal to respond to the emergency.
Judge Dale heard evidence that the first person to arrive at the scene was a Kamiah Marshal. The Kamiah Marshal observed swelling and bruising to the mother’s face and learned that Warden had fled the scene. The Marshal stayed with the victims, waiting for Nez Perce Tribal Police to arrive from another city. Before Nez Perce Tribal Police arrived, Warden returned to the residence. The Kamiah Marshal met Warden outside and told him he was being detained until the arrival of the Nez Perce Tribal Police. Warden refused to cooperate and tried to pass the Kamiah Marshal in the direction of the woman and her child. The trial evidence showed that a struggle ensued and that Warden attempted to bite the Kamiah Marshal.
Nez Perce Tribal Police arrived shortly after the struggle between Warden and the Kamiah Marshal ended. They arrested Warden and placed him in a patrol car, where he began kicking the inside of the patrol car. When Nez Perce Tribal Police officers attempted to restrain Warden he attempted to kick an officer and bite another. Warden also spit on both officers. Warden was later charged by federal indictment with five counts of assault.
During the trial Warden asserted that the Kamiah Marshal lacked jurisdiction to detain him. The Court held that the defendant’s jurisdictional allegation was not a defense to the assault on the Kamiah Marshal and that the Kamiah Marshal reasonably responded to the 911 call.
The case was investigated by the Kamiah Marshals, Nez Perce Tribal Police, and Federal Bureau of Investigation.
New York Woman Sentenced to Two Years in Prison for Stealing More Than $130,000 in Two Schemes Carried Out in D.C., Maryland and New YorkAdmits Collecting Fraudulent Unemployment Benefits, as Well as Stealing from Former EmployerRead the Press Release
WASHINGTON – Sakinah Smith, 27, of New York, N.Y., was sentenced today to two years in prison for carrying out a pair of schemes, including one in which she used stolen personal identification information to collect more than $80,000 in fraudulent unemployment benefits, and another in which she stole more than $50,000 from a former employer.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Timothy A. Gallagher, Acting Assistant Director in Charge of the FBI’s Washington Field Office; Bill Jones, Special Agent in Charge for the Washington Regional Office of the U.S. Department of Labor’s Office of Inspector General - Office of Labor Racketeering and Fraud Investigations, and Blanche L. Bruce, Interim Inspector General for the District of Columbia.
Smith pled guilty in May 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud. She was sentenced by the Honorable Senior Judge Thomas F. Hogan. Upon completion of her prison term, Smith will be placed on three years of supervised release. She also was ordered to pay over $132,000 in restitution. While on supervised release, Judge Hogan ordered that Smith not hold any employment involving the handling of money.
According to a statement of offense filed as part of the guilty plea, Smith created an events planning service in 2009 in Washington, D.C. She created a website for “Saki Mone Events Management” and posted employment advertisements on Craigslist. Potential applicants were asked to provide personal information, including dates of birth and social security numbers.
Smith then used this personal information to fraudulently request unemployment benefits in the names of 17 individual applicants. Between 2009 and 2012, Smith obtained $80,111 in fraudulent unemployment benefits from the District of Columbia, Maryland and New York. The benefits, in the names of the 17 applicants, were deposited into Smith’s own financial accounts.
In a second scheme, Smith admitted that she fraudulently wired about $52,174 from an employer’s bank account to accounts she created for herself. This activity took place from November 2009 through May 2010, while Smith was working for a temporary employment agency in Washington, D.C.
In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Gallagher, Special Agent in Charge Jones, and Interim Inspector General Bruce commended the work of those who investigated the case from the FBI’s Washington Field Office, the Labor Department’s Inspector General’s Office, and the District of Columbia Office of the Inspector General. They also thanked the New York State Department of Labor – Office of Special Investigations; the Maryland Department of Labor, Licensing and Regulation – Division of Unemployment Insurance; the Virginia Employment Commission; the District of Columbia Department of Employment Services, and the Burlington, N.C. Police Department for providing assistance in the investigation.
They acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, who assisted on forfeiture issues; Paralegal Specialists Donna Galindo and Angela Lawrence; Victim/Witness Advocate Yvonne Bryant; Intelligence Specialist Sharon Johnson, and former Intern Abigail Pierce. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Philip A. Selden, who prosecuted the matter.
14-185New Orleans Man, Christopher M. Schwab, Sentenced to 20 Years in Prison for Producing and Distributing Child PornographyRead the Press Release
U.S. Attorney Kenneth Polite announced that CHRISTOPHER M. SCHWAB, age 25, a resident of New Orleans, was sentenced today for four counts of producing child pornography involving four different minor victims, one count of distributing child pornography and one count of receiving child pornography.
United States District Chief Judge Sarah Vance sentenced SCHWAB to serve 20 years incarceration in the Bureau of Prisons, to be followed by 25 years of supervised release. Upon his release from incarceration, SCHWAB will have to register as a sex offender.
According to court documents, in August 2013, SCHWAB was arrested by special agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”) after they determined that SCHWAB was responsible for sending images depicting the sexual exploitation of children. SCHWAB has been in custody since his arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations, the Jefferson Parish Sheriff’s Office, and the Kenner Police Department. The prosecution of this case was handled by Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
Moore Man Pleads Guilty to Conspiracy (Methamphetamine Distribution)Read the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that MICHAEL ALLEN COOPER, age 39, of Moore, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
The charge arose from an investigation by the District 16 District Attorney’s Drug Task Force, the U.S. Drug Enforcement Administration, and the United States Postal Service. The defendant was indicted in June 2014.
The Indictment alleged that from in or about June 2013 until on or about April 9, 2014, in the Eastern District of Oklahoma and elsewhere, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.
The statutory range of punishment is Life imprisonment and/or up to a $10,000,000.00 fine.
First Assistant United States Attorney Doug Horn represented the United States.
Montana Man Sentenced for Counterfeit United States CurrencyRead the Press Release
COEUR D'ALENE - Chadwin King, 28, of Butte, Montana, was sentenced yesterday to nine months in prison followed by three years of supervised release for passing counterfeit U.S. currency, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered King to pay a $10,842 in restitution. He pleaded guilty to the charge on May 7, 2014.
According to the plea agreement, on December 12, 2013, Spokane Police located King in a blue Chrysler van in the Econo Lodge parking lot in Spokane, Washington. Inside the van were cameras, a GPS unit, printers, checks, clothing, tools, and drug paraphernalia. Police also found completed and under production counterfeit currency. King admitted that he counterfeited United States currency.
The case was investigated by U.S. Secret Service (USSS), Kootenai County Sheriff’s Office and Spokane Police Department.
Montana Groups Receive Federal Grant to Fight Domestic and Sexual Violence in the BakkenRead the Press Release
Fort Peck Reservation Gets Money for Special Assistant U.S. Attorney
HELENA - On August 26, 2014, Associate Attorney General Tony West announced $3 million dollars in grants from the Office on Violence Against Women (OVW) to increase local and tribal capacity to prosecute crimes of violence against women and provide services to victims of sexual assault, domestic violence and stalking in the Bakken Region of North Dakota and Montana. Of the five groups awarded grants, two are from Montana: Fort Peck Assiniboine and Sioux Tribes and the Montana Coalition Against Domestic and Sexual Violence. The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation will also receive a three-year $450,000 grant to support the salary, travel, and training costs of a tribal prosecutor, who will be cross-designated to serve as a tribal Special Assistant United States Attorney (SAUSA) in the District of Montana U.S. Attorney's Office.
This news comes at a meaningful time in Montana," said U.S. Attorney Michael Cotter. "Communities in and around the Bakken are witnessing its impact, and this grant provides critical resources, including mental health counseling, legal assistance, and other resources to prevent violence against women and help victims recover."
OVW's Bakken Region special initiative launched in April 2014 and is the first large scale project targeting resources to support the expansion of services to victims of sexual assault, domestic violence and stalking as well as aid the local criminal justice system in responding to these crimes in the Bakken region.
With Justice Department funding, these grantees will be able to enhance responses to domestic violence, dating violence, sexual assault, and stalking, and expand mental health assistance, advocacy, legal assistance, prevention education, sexual assault forensic examiner programs, Sexual Assault Response Teams, and law enforcement training. The grants are part of the Justice Department's ongoing commitment to protecting women from violence and strengthening the capacity of communities to respond to domestic and sexual violence.
Minnesota Professor Pleads Guilty to Enticing A Louisiana Minor to Engage in Sexual ActivityRead the Press Release
MONROE, La. –A Minnesota professor pleaded guilty to contacting a minor in Union Parish in order to start a sexual relationship, U.S.Attorney Stephanie A. Finley announced today.
Woody Dale Branton, 63, of Minneapolis, Minn., entered a conditional guilty plea before U.S. Magistrate Judge Karen L. Hayes for one count of enticing a minor into criminal sexual activity. The plea will become final when accepted by U.S. District Court Judge Robert G. James. According to evidence presented at the guilty plea, Branton, a professor at the University of Minnesota, and a 15-year-old girl exchanged thousands of messages on Facebook from October 2013 through December 1, 2013. Many of the messages were sexual in nature, and he also asked her to send explicit pictures of herself. From November 29, 2013 to December 1, 2013, Branton attempted to set up a meeting with the girl in Louisiana and purchased a plane ticket to Shreveport.
Branton faces 10 years to life in prison, up to five years of supervised release, and a fine of up to $250,000. He must also register as a sex offender. A sentencing date of January 5, 2015 was set.
The FBI and the Union Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney Seth D. Reeg is prosecuting the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.justice.gov/psc.
Those concerned may also leave tips with the FBI at tips.fbi.gov. Tips may be submitted anonymously. The Monroe FBI office number is (318) 387-0773.Mescalero Apache Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Norman Stan Chee, 22, a member of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by two years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender when he completes his prison sentence.
Chee was arrested in Oct. 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age. On Jan. 28, 2014, Chee entered a guilty plea to a felony information charging him with engaging in a sexual act with a minor who was at least four years younger than Chee. According to the information, Chee committed the crime on Feb. 21, 2012, at a location within the Mescalero Apache Reservation in Otero County, N.M.
According to court filings, the BIA initiated an investigation into Chee in July 2012, when officers responded to a call regarding an alleged assault and saw Chee and the victim, who was 15 years old, fleeing from the site of the assault. During an interview, the victim admitted having engaged in sexual activity with Chee. Chee also was interviewed and admitted that he engaged in sexual acts with the victim. Chee stated that his sexual relationship with the victim began in Feb. 2012, and admitted knowing that the victim was 15 years old.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Meridian Women Sentenced for Oxycodone DeliveriesRead the Press Release
BOISE – Kristen Rast, 44, and Brittany Tillema, 25, both of Meridian, Idaho, were sentenced this week in federal court for distributing controlled substances, U.S. Attorney Wendy J. Olson announced. Sentencing was pronounced by U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
This morning, Judge Lodge sentenced Rast to12 months and one day in prison, a $1,000 fine, and four years of supervised release. According to the plea agreement, on four occasions in June through August of 2012, Rast knowingly and intentionally distributed to an undercover police officer a total of 356 pills of 80 mg Oxycontin, for a total of $10,700. Oxycontin contains oxycodone, a Schedule II narcotic and controlled substance. She had obtained the controlled substances by prescription from a provider.
On Monday, Judge Lodge sentenced Tillema to a sentence of credit for time served, three years of supervised release, 30 days of home detention, and 100 hours of community service. According to the plea agreement, on or about October 18, 2012, Tillema knowingly and intentionally distributed to an undercover police officer, 32 pills of 80 mg Oxycontin for $1,000.
Both defendants will have a number of restrictions during supervision, including: limitations on access to multiple medical providers and pharmacies, requirements for drug testing, and a prohibition from consuming alcohol.
This investigation was initiated by the Meridian Police Department and investigated by the Drug Enforcement Administration (DEA) led Tactical Diversion Squad which is comprised of law enforcement personnel from the DEA, Ada County Sheriff’s Office, Boise Police 2 Department, Idaho State Police, Meridian Police Department, Nampa Police Department and U.S. Department of Health and Human Service’s Office of Inspector General.
McLaughlin Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Zaken Spotted Horse, age 19, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between April 20, 2014, and May 12, 2014, Spotted Horse knowingly engaged in, and attempted to engage in, a sexual act with a juvenile female who was at least four years younger than Spotted Horse.
The charge is merely an accusation and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Spotted Horse was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Kirk Flying Horse, age 41, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 25, 2014, Flying Horse forcibly assaulted a federal law enforcement officer with a dangerous weapon while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Flying Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Flying Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.