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9 October 2014
Farrell Man Sentenced to 21 Months in Prison for Criminal Contempt of CourtRead the Press Release
PITTSBURGH - A Mercer County resident has been sentenced in federal court in Pittsburgh to 21 months’ incarceration, followed by one year of supervised release, on his conviction of criminal contempt, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Robert M. Spruill, 30.
According to information presented to the court, Spruill was prosecuted several years ago in federal court in the Western District of Pennsylvania for drug-trafficking and firearms offenses. On June 6, 2008, he was sentenced to 57 months imprisonment, followed by three years of supervised release.
Spruill was released from custody and began his supervised release on Dec. 27, 2011. During the following year, Spruill was convicted in state court of misdemeanor Criminal Trespass and Theft by Unlawful Taking. He also failed to comply with various conditions of his supervised release, including refraining from illegal marijuana use.
The United States Probation Office filed a petition to revoke Spruill’s supervised release. A hearing was held on Dec. 14, 2012, after which the Honorable Terrence F. McVerry revoked Spruill’s supervised release and sentenced him to six months’ incarceration. Judge McVerry initially stated that Spruill would commence his term of imprisonment immediately. Spruill’s counsel, however, requested that the Court allow Spruill to spend the holidays with his family, and Judge McVerry agreed to permit Spruill to remain at home for the holidays. He was specifically instructed to surrender to the United States Marshals Service’s office on the Second Floor of the United States Federal Courthouse, in downtown Pittsburgh, on Jan. 3, 2013, by noon, to begin to serve his sentence.
Spruill disobeyed that Court Order, and he failed to turn himself in as directed. On January 4, 2013, a bench warrant was issued for Spruill’s arrest.
On Jan. 10, 2013, the United States Marshals Service’s Fugitive Task Force found and arrested Spruill at his girlfriend’s residence in Mercer County. Spruill was found hiding in the attic, under clothing. Due to Spruill’s failure to comply with the Court’s order to report for service of sentence, he was charged with criminal contempt, and he pleaded guilty to that charge earlier this year.
During the sentencing hearing, Judge Bissoon rejected the defendant’s request for leniency, noting the “very serious nature of the offense.” Judge Bisson also stated that a 21-month sentence was appropriate in light of Spruill’s “extensive criminal history” involving “violence and drugs.”
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Marshals Service for the investigation leading to the successful prosecution of Spruill.
Fairmont Man Convicted for Selling Cocaine Near Housing Authority Apartment BuildingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Fairmont resident Claude Jones, 29, pled guilty Wednesday to distributing cocaine within 1,000 feet of a protected location, United States Attorney William J. Ihlenfeld, II, announced today.
Jones faces between one and forty years in prison and a fine of up to $2,000,000.00 for selling cocaine within 1,000 feet of the Willow Ridge Apartments, a Fairmont housing facility owned by a public housing authority.
An investigation by the Three Rivers Drug Task Force led to the prosecution of Jones. Assistant U.S. Attorney Zelda Wesley is prosecuting the case on behalf of the government.
U.S. Magistrate Judge John S. Kaull presided.
East Hollygrove Neighborhood Gang Member, Avian Brule, Sentenced on Federal Drug and Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that AVIAN BRULE, a/k/a “Ave,” 21, a resident of New Orleans, Louisiana, was sentenced yesterday after having pled guilty to federal drug and firearm violations. Judge Ivan L.M. Lemelle sentenced BRULE, a first-time offender, to serve 50 months in federal prison and ordered him to serve 3 years of supervised release once he is released from prison.
BRULE was one of seven defendants charged with conspiring to distribute heroin and cocaine base in the East Hollygrove neighborhood. In addition, all seven defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes, and several of them were charged with committing substantive acts of violence.
To date, all of the gang members in this case, except for CHARLES JOHNSON, a/k/a “Chuck,” 25, have pled guilty to various charges. JOHNSON is scheduled for trial on December 8, 2014. The following co-defendants are currently pending separate sentencing hearings over the next two months: ROBERT JOHNSON, a/k/a “Skinny,” 24; THOMAS HENDERSON, a/k/a “T,” 24; LAVELL STOVAL, a/k/a “Vell,” 21; WILLIAM HENDERSON, a/k/a “Will,” 20; and, ERSKINE WATERS, 22.
According to court documents and evidence presented at BRULE’s sentencing, federal agents seized a cellular phone from co-defendant WILLIAM HENDERSON. After obtaining a search warrant for the phone, agents found a video, recorded on November 5, 2012, that WILLIAM HENDERSON took of himself and BRULE conducting a heroin sale in a car with a known third party. (See attached video) In the video BRULE and HENDERSON are seen negotiating a heroin deal while a four-year-old child was sitting in the backseat of the car. Additional pictures retrieved from HENDERSON’s phone show the same child holding a semi-automatic handgun in the backseat of the same vehicle. (See attached photographs)
U.S. Attorney Polite stated, “Even as a first-time offender, Avian Brule deserved the lengthy jail sentence imposed here. He and his East Hollygrove gang members terrorized their own neighborhood through narcotics trafficking and violence. Even worse, Brule and his fellow defendants exposed a four-year-old boy to their criminal conduct. Being exposed to guns and drugs certainly placed this boy at risk of physical harm. At the same time, it jeopardizes his future, as the misguided lesson learned by him –and other young people in the same predicament – is that this conduct is acceptable, normal, and even encouraged. It certainly is not. We must use all available tools – prevention, intervention and enforcement – to break this cycle of criminality.”
U.S. Polite praised the work of the Federal Bureau of Investigations as part of the MAG Unit in investigating this matter. Deputy Chief of the Criminal Division and Assistant United States Maurice E. Landrieu, Jr. is in charge of this prosecution.
District Man Pleads Guilty to Carrying Out Two Robberies Within 36 Hours in D.C. and Maryland-Defendant’s Two Brothers and Sister Awaiting Trial in Case-Read the Press Release
WASHINGTON – Alex Alexander, 21, of Washington, D.C., pled guilty today to federal charges stemming from a pair of robberies that took place within a 36-hour period of a convenience store in Montgomery County, Md. and a bank in the District of Columbia.
The plea was announced by U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Alexander pled guilty in the U.S. District Court for the District of Columbia to one count of conspiracy to interfere with interstate commerce by robbery and one count of bank robbery. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Jan. 6, 2015. The charges carry a maximum of 20 years in prison, as well as restitution to the victims.
According to a statement of offense, signed by the defendant as well as the government, Alexander and two of his brothers entered the Colombo Bank, in the 1300 block of 9th Street NW, at approximately noon on May 12, 2014. After leaving the bank, he and his brothers decided that they were going to return at some point to rob it.
On May 13, 2014, and continuing into May 14, 2014, according to the statement of offense, Alexander, his two brothers, and one of his sisters were riding around the District of Columbia, in the sister’s vehicle, when they decided they were going to rob a convenience store located at a gas station in the 8300 block of Colesville Road in Silver Spring, Md.
When the four siblings arrived at the convenience store at approximately 2:55 a.m. on May 14, 2014, they entered the establishment and robbed the attendant of about $158 before fleeing the scene and returning to the District of Columbia.
On May 15, 2014, at approximately 10:30 a.m., Alexander and the same two brothers returned to the Colombo Bank on 9th Street NW, in their sister’s vehicle. According to the statement of offense, Alexander and his two brothers entered the bank while their sister waited inside her vehicle. Alexander and his brothers robbed the teller of approximately $800 before fleeing to the waiting vehicle. In fleeing the scene, they dropped the money.
The brothers – Allante Alexander, 20, and Alvin Alexander, 23 – and the sister – Allesha Alexander, 25 – also are charged with federal offenses in the case. They have pled not guilty.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier commended the investigative work of the Special Agents from the FBI’s Washington Field Office who worked on the case and the entire joint FBI/MPD Violent Crimes Task Force. In addition, they acknowledged the work of Legal Assistant Candice Sisco, Paralegal Specialist Starla Stolk, and Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section. Finally, they expressed appreciation for the work of Assistant U.S. Attorney David B. Kent, who is prosecuting the case.
14-229Detroit Woman Sentenced to Probation with Home Detention for Heroin Trafficking SchemeRead the Press Release
Johnstown, Pa. - A resident of Detroit, Mi., has been sentenced in federal court to three years’ probation, with home detention for the first six months; and 50 hours of community service to be served within one year, on her conviction of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Chivon Buttrom, 34.
According to information presented to the court, from the spring of 2011 to May 15, 2012, Buttrom, along with co-defendants, conspired to distribute and possess with intent to distribute heroin.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police and the Indiana Police Department conducted the investigation leading to the successful prosecution of Buttrom. Other agencies participating in this investigation included the Pennsylvania Attorney General’s Office, the Cambria County Drug Task Force, the Cambria County Sheriff’s Department, the Cambria County District Attorney’s Office, the Indiana County Drug Task Force, and the Indiana County District Attorney’s Office.
Department of Justice Awards Hiring Grants to Help Reduce Violent Crime in CommunitiesRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley, the U.S. Department of Justice and the Office of Community Oriented Policing Services (COPS) announced funding awards to the Lake Charles Police Department aimed at creating seven new community police officer positions. Nearly $124 million will be awarded nationally, including $745,796 to the Lake Charles Police Department.
The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.
“This grant will allow the Lake Charles Police Department to enhance law enforcement operations and increase protection in the community by hiring new personnel,” Finley stated. “Our office works with all law enforcement agencies within the Western District of Louisiana, and I’m very happy to see this department grow. I also want to congratulate the police department for the hard work taken to obtain this grant.”
Lake Charles Police Chief Donald Dixon said that the department plans on hiring four new officers immediately and then would like to add three more over the next three years, for a total of seven new officer positions. He said the officers will be part of their community policing program. The program works with neighborhood watch groups and maintains contacts with members of the community in order to strengthen policing operations.
“We’re really excited to be able to hire additional officers,” Lake Charles Police Chief Donald Dixon said. “This grant comes at a time of economic expansion for our area, and we want to be ready.”
“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, director of the COPS Office. “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”
Grantees for the 2014 hiring program were selected based on their fiscal needs, local crime rates, and community policing plans. The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2014 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
Defendant Pleads Guilty for Role in Brutal Sex Trafficking RingRead the Press Release
Acting Assistant Attorney General Molly Moran for the Justice Department’s Civil Rights Division and U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida announced today that Rafael Alberto Cadena-Sosa pleaded guilty in the Southern District of Florida to one count of conspiracy and one count of holding a person in involuntary servitude. Cadena-Sosa faces a maximum sentence of 15 years in prison and a fine of $500,000. Sentencing is scheduled to occur on Jan. 27, 2015, before United States District Judge Jose Martinez. According to the terms of the plea agreement, the parties will recommend the maximum sentence of 15 years and over $1.26 million in restitution to the victims.
Cadena-Sosa, a 45 year-old Mexican national, pleaded guilty to holding the victim, a young, undocumented Mexican national, in involuntary servitude from 1996 to 1997, using beatings, rapes, threats of harm toward the victim and her family and threats of arrest to compel her to engage in prostitution to pay off a smuggling debt. Cadena-Sosa also pleaded guilty to conspiring with other members of the Cadena organization to commit additional offenses in connection with the scheme.
Sixteen defendants were charged in a superseding indictment filed in 1998. Cadena-Sosa was arrested in Mexico and extradited to the United States in November 2013. Four other family members have been convicted, including Cadena-Sosa’s uncle, Rogerio Cadena, who pleaded guilty in 1999 and was sentenced to 15 years; Cadena-Sosa’s brother, Abel Cadena-Sosa, who was convicted in Mexico and sentenced to 24 years, and two other brothers, Hugo and Juan Luis Cadena-Sosa, who pleaded guilty 2002 and 2008, and were sentenced to 5 years and 15 years, respectively. Six other defendants have pleaded guilty in federal court in connection with the scheme, and one was convicted in state court for a murder outside a Cadena-run brothel.
According to court records, the defendant and other members of the Cadena organization recruited young women and girls, some as young as fourteen, in Veracruz, Mexico, and lured them to the United States on false promises of legitimate jobs. The defendants then smuggled the victims into the United States, imposed heavy smuggling debts, and compelled them into prostitution for twelve hours a day, six days a week, using brutal assaults, rapes and threats to control the victims and punish those who attempted to escape.
“No human being should have to endure the atrocities these young women and girls suffered at the hands of the Cadena organization,” said Acting Assistant Attorney General Moran. “These violations of the victims’ individual rights and freedom are intolerable in a nation founded on rights, liberty, and the rule of law. The Department of Justice will continue in its relentless efforts to bring human traffickers to justice and restore the rights and dignity of the courageous survivors of this crime.”
“Undoubtedly, sex trafficking is one the most serious crimes prosecuted by our Office and the Department of Justice,” said U.S. Attorney Ferrer. “The heinous acts committed against these young women and girls by the Cadena organization simply cannot be tolerated, and we will continue to identify, arrest and prosecute those who seek to profit at the expense of the suffering of others. The victims here are survivors and today’s plea represents one more step towards closure in a case that has taken them down a long road to justice.”
“Rafael Alberto Cadena-Sosa is a brutal criminal who threatened and coerced young victims into prostitution to pay off smuggling debts,” said FBI Special Agent in Charge George L. Pira of the FBI’s Miami Office. “ He is now behind bars in large part due to the diligence and dedication of our many law enforcement partners who helped bring this case to justice.”
Acting Assistant Attorney General Moran and U.S. Attorney Ferrer commended the collaborative efforts of multiple law enforcement agencies throughout the investigation and prosecution, including the Federal Bureau of Investigation, the Department of Homeland Security’s Customs and Border Protection and Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco and Firearms, Florida Department of Law Enforcement, Palm Beach County Sheriff’s Office, West Palm Beach Police Department, Okeechobee County Sheriff’s Office, Fort Pierce Police Department, Avon Park Police Department, Boynton Beach Police Department and Lee County Sheriff’s Office. They also thanked the Justice Department’s Office of International Affairs for its assistance with the extradition. The case is being prosecuted by Assistant United States Attorney Adam McMichael and Trial Attorney Matthew Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Defendant Pleads Guilty for Role in Brutal Sex Trafficking RingRead the Press Release
U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida and Acting Assistant Attorney General Molly Moran for the Justice Department’s Civil Rights Division announced today that Rafael Alberto Cadena-Sosa pleaded guilty in the Southern District of Florida to one count of conspiracy and one count of holding a person in involuntary servitude. Cadena-Sosa faces a maximum sentence of 15 years in prison and a fine of $500,000. Sentencing is scheduled to occur on Jan. 27, 2015, before United States District Judge Jose Martinez. According to the terms of the plea agreement, the parties will recommend the maximum sentence of 15 years and over $1.26 million in restitution to the victims.
Cadena-Sosa, a 45 year-old Mexican national, pleaded guilty to holding the victim, a young, undocumented Mexican national, in involuntary servitude from 1996 to 1997, using beatings, rapes, threats of harm toward the victim and her family and threats of arrest to compel her to engage in prostitution to pay off a smuggling debt. Cadena-Sosa also pleaded guilty to conspiring with other members of the Cadena organization to commit additional offenses in connection with the scheme.
Sixteen defendants were charged in a superseding indictment filed in 1998. Cadena-Sosa was arrested in Mexico and extradited to the United States in November 2013. Four other family members have been convicted, including Cadena-Sosa’s uncle, Rogerio Cadena, who pleaded guilty in 1999 and was sentenced to 15 years; Cadena-Sosa’s brother, Abel Cadena-Sosa, who was convicted in Mexico and sentenced to 24 years, and two other brothers, Hugo and Juan Luis Cadena-Sosa, who pleaded guilty 2002 and 2008, and were sentenced to 5 years and 15 years, respectively. Six other defendants have pleaded guilty in federal court in connection with the scheme, and one was convicted in state court for a murder outside a Cadena-run brothel.
According to court records, the defendant and other members of the Cadena organization recruited young women and girls, some as young as fourteen, in Veracruz, Mexico, and lured them to the United States on false promises of legitimate jobs. The defendants then smuggled the victims into the United States, imposed heavy smuggling debts, and compelled them into prostitution for twelve hours a day, six days a week, using brutal assaults, rapes and threats to control the victims and punish those who attempted to escape.
“Undoubtedly, sex trafficking is one the most serious crimes prosecuted by our Office and the Department of Justice,” said U.S. Attorney Ferrer. “The heinous acts committed against these young women and girls by the Cadena organization simply cannot be tolerated, and we will continue to identify, arrest and prosecute those who seek to profit at the expense of the suffering of others. The victims here are survivors and today’s plea represents one more step towards closure in a case that has taken them down a long road to justice.”
“No human being should have to endure the atrocities these young women and girls suffered at the hands of the Cadena organization,” said Acting Assistant Attorney General Moran. “These violations of the victims’ individual rights and freedom are intolerable in a nation founded on rights, liberty, and the rule of law. The Department of Justice will continue in its relentless efforts to bring human traffickers to justice and restore the rights and dignity of the courageous survivors of this crime.”
“Rafael Alberto Cadena-Sosa is a brutal criminal who threatened and coerced young victims into prostitution to pay off smuggling debts,” said FBI Special Agent in Charge George L. Pira of the FBI’s Miami Office. “He is now behind bars in large part due to the diligence and dedication of our many law enforcement partners who helped bring this case to justice.”
U.S. Attorney Ferrer and Acting Assistant Attorney General Moran commended the collaborative efforts of multiple law enforcement agencies throughout the investigation and prosecution, including the Federal Bureau of Investigation, the Department of Homeland Security’s Customs and Border Protection and Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco and Firearms, Florida Department of Law Enforcement, Palm Beach County Sheriff’s Office, West Palm Beach Police Department, Okeechobee County Sheriff’s Office, Fort Pierce Police Department, Avon Park Police Department, Boynton Beach Police Department and Lee County Sheriff’s Office. They also thanked the Justice Department’s Office of International Affairs for its assistance with the extradition. The case is being prosecuted by Assistant United States Attorney Adam McMichael and Trial Attorney Matthew Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
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.
Convicted Businessman Pleads Guilty to Obstructing JusticeRead the Press Release
San Diego, CA - James Yiu Lee pled guilty earlier today to obstructing justice in relation to a fraud scheme that resulted in investor’s losing more than $10 million. In his guilty plea, Lee also admitted hiding stolen funds in shell corporation accounts and using a series of elaborate transactions to avoid having to pay restitution he owed the United States from a previous felony conviction.
In December 1997, Lee (who was a part-time resident of La Jolla) was convicted of defrauding investors and embezzling from their pension funds. In November 1998, he was sentenced to 30 months in custody and ordered to pay $2,880,000 in restitution. To date, Lee has paid less than $30,000 of the owed restitution. According to documents filed in court, Lee began a new scheme in 2007, which he intentionally designed to obstruct the United States from collecting his income to pay the outstanding restitution.
As noted in his plea agreement, by 2009, Lee was soliciting new investors and falsely promising to share 50% of all realized gains and losses incurred from his online trading activity. In addition, he attracted clients by falsely informing them that he was a CPA, with Ph.D., J.D., and M.B.A. degrees. Lee also failed to disclose his 1997 felony fraud conviction.
In entering his plea, Lee admitted instructing clients to send management fees and profits from trades to bank accounts he opened in the name of shell corporations, including San Diego-based ELX Int., Inc. (“ELX”), which failed to list Lee as a corporate officer or on its bank account. Lee obtained use of his client’s funds by directing them to send payments to the ELX bank account. Once the assets were under his control, Lee would then transfer them to other shell accounts under his control. He would then use the hundreds of thousands of dollars of these stolen funds for personal expenses.
By January 2011, Lee admitted that his trading activity created significant realized losses to client accounts. Rather than pay clients for 50% of the losses, as promised, Lee restructured billing invoices to disguise the losses. He then proceeded to falsely bill his clients for non-existent gains. In total, Lee’s trading activity led to over $10 million in losses for over 14 clients.
Lee entered his guilty plea before Magistrate Judge Barbara L. Major. U.S. District Court Judge Roger T. Benitez will sentence Lee on January 19, 2015.
DEFENDANT Case Number: 14CR2937-BEN James Yiu Lee CHARGESTitle 18, United States Code, Section 1503 (Obstruction of Justice)
Maximum penalty: 10 years of custody; $250,000 Fine SUMMARY OF PREVIOUS CHARGE Case Number: 95CROO41-MMC-1 (NDCA)Wire Fraud (18 U.S.C. § 1343) & Pension Embezzlement (18 U.S.C. § 664)
INVESTIGATING AGENCYFederal Bureau of Investigation
Clarksburg Woman Convicted of Distributing Painkillers Near PlaygroundRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Amber McCormick, 29, of Clarksburg, pled guilty to distributing Oxycodone within 1,000 feet of the Harrison Street Playground in Clarksburg, West Virginia, United States Attorney William J. Ihlenfeld, II, announced today.
McCormick faces between one and forty years in prison and a fine of up to $2,000,000.00.
McCormick pled guilty after an investigation by the Greater Harrison County Drug and Violent Crime Taskforce. Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government.
U.S. Magistrate Judge John S. Kaull presided.
Clarks Summit Attorney Indicted for Title Insurance FraudRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that Susan C. Kevra-Shiner, 46, Clarks Summit, Pennsylvania, was indicted yesterday by the federal grand jury and charged with seven counts of mail fraud relating to an abstract and title insurance company she owned and operated in Avoca, Pennsylvania, known as GK Abstract Co., Inc. If convicted of the charges, Kevra-Shiner faces up to 20 years' imprisonment and/or $250,000 in fines on each count, as well as an order of restitution to the victims.
According to U.S. Attorney Peter Smith, Kevra-Shiner was an attorney admitted to practice in Pennsylvania in 1994. Kevra-Shiner handled real estate transactions as part of her legal practice, and starting in 2003, she issued title insurance policies on behalf of Stewart Title Guaranty Company, a title insurance underwriter based in Texas. Stewart terminated its agency agreement with Kevra-Shiner on September 23, 2008, but the Indictment alleges that Kevra-Shiner continued to issue numerous title insurance policies to her clients after that date. As a result, the Indictment alleges that she defrauded approximately 76 homeowners and/or lenders of $72,000 in title insurance premiums which she was not authorized to receive and for which no valid title insurance policy was issued.
On February 28, 2013, the Pennsylvania Office of Disciplinary Counsel suspended Kevra-Shiner's law license for four years as a result of these activities.
The case was investigated by the FBI and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
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.
Child Pornographer Sentenced to 57 MonthsRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for Guam, announced that JIMMY ALONSO TURRUBIARTES, was sentenced on October 8, 2014, in the U.S. District Court of Guam by Chief Judge Frances Tydingco-Gatewood, to 57 months incarceration, five years of supervised release, and ordered to pay a $100 special assessment.
Defendant TURRUBIARTES pled guilty on September 11, 2013 to one count of Receipt of Child Pornography in violation of Title 18 U.S.C. Section 2252A(a)(2). Defendant TURRUBIARTES utilized the peer to peer (P2P) network to receive approximately 150 movies which depict the sexual abuse of young children. Defendant TURRUBIARTES was also ordered to register with the Sex Offender Registry wherever he lives, works or attends school. He was also ordered to forfeit his computer and all storage devices.
U.S. Attorney Limtiaco states “Child pornography offenses involve the sexual abuse and exploitation of children. These offenses are extremely serious because they result in perpetual harm to the child victims, and normalize the sexual exploitation of children. When the internet is utilized to obtain these images of child sexual abuse, the images can travel to offenders domestically and internationally anywhere in the world, to include the Pacific region. The harm to victims is lifelong. The U.S. Attorney’s Office remains committed to aggressively prosecute defendants who victimize and prey on children through any means, including by computer.”
The U.S. Attorney reminds defendants who have committed sexual abuse of children that, under federal and local law, all sex offenders have a duty to register and keep their registration current with the Sex Offender Registry in their jurisdiction. Sex offenders who travel to Guam and who reside on Guam must inform the Guam Sex Offender Registry where they reside, work, or attend school - they must also periodically update their registration information. The U.S. Attorney notes that the sex offender registry was created in order to protect the public by protecting victims, preventing further victimization and informing the public of the whereabouts of sex offenders. Guam’s Sex Offender Registry can be found online at www.guamcourts.org.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood (PSC) Initiative, a nationwide commitment to aggressively prosecute defendants who engage in the sexual victimization of children and adults, possess or receive child pornography, and sex offenders who fail to register with the jurisdiction’s Sex Offender Registry.
The investigation was conducted by the Naval Criminal Investigative Service. The case was handled by Assistant U.S. Attorney R. San Nicolas.Cherokee, N.C. Woman Sentenced to More Than Five Years in Prison in Connection with Oxycodone Distribution RingRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger today sentenced Taryn Krista Elizabeth Toineeta Rattler, 26, of Cherokee, N.C., to 70 months in prison on drug trafficking conspiracy charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Rattler was also ordered to serve three years under court supervision upon completion of her prison term.
U.S. Attorney Tompkins is joined in making today’s announcement by John S. Comer, Acting Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the North Carolina; Jason O’Neal, Deputy Associate Director of the Bureau of Indian Affairs, Division of Drug Enforcement; Chief Ben Reed of the Cherokee Indian Police Department; Sheriff Curtis Cochran of the Swain County Sheriff’s Office; Sheriff Mickey Anderson of the Graham County Sheriff’s Office; and Sheriff Jimmy Ashe of the Jackson County Sheriff’s Office.
According to filed court documents and court proceedings, from January 2007 to December 2012, Rattler and her conspirators engaged in a conspiracy to distribute narcotics including Oxycodone, cocaine, marijuana and Alprazolam in Swain and Jackson Counties. At today’s sentencing hearing, Rattler was found to be accountable for trafficking 404,400 milligrams of Oxycodone over the course of the conspiracy, with a street value of $404,400. In September 2013, Rattler pleaded guilty to one count of conspiracy to distribute a Schedule I controlled substance.
Three of Rattler’s conspirators have already have received prison sentences: Mark Allen Winstead was sentenced to 38 months; Timothy Leroy Rattler was sentenced to 18 months; and Jacob Hunter Rattler was sentenced to 15 months. Jackie Lee Rattler and Evan Thomas Norris, Jr. have also pleaded guilty and currently await sentencing.
In a separate case, Judge Reidinger also sentenced today Kandace Rhean Griffin to 70 months in prison, followed by three years of supervised release. According to court records, from March to October 2012, Griffin conspired with other individuals to distribute Oxycodone and other narcotics in Swain County. Griffin, 25, of Cherokee, pleaded guilty in September 2013 to one count of conspiracy to possess with intent to distribute a Schedule II controlled substance.
All federal sentences are served without the possibility of parole. U.S. Attorney Tompkins thanked all the law enforcement agencies involved in these investigations for their continued cooperation and assistance. The prosecution was handled by Assistant U.S. Attorney John Pritchard, of the U.S. Attorney’s Office in Asheville.
California Man Sentenced for Possession with Intent to Distribute HeroinRead the Press Release
On October 9, 2014, Roberto Sanchez Quiroz, 29, of Sanger, California, was sentenced to five years (60 months) in prison for possession with intent to distribute 100 grams or more of heroin. Following the prison term, Quiroz will serve four years on supervised release.
On November 20, 2013, Quiroz was contacted outside his Lincoln hotel by investigators who had received information regarding Quiroz’s possible involvement in drug transactions. Quiroz consented to a search of his hotel room. He was found in possession of 109.76 grams (3.8 ounces) of heroin and $14,598.78 in cash. Quiroz told officers that he intended to sell the heroin in Omaha. He said the cash represented proceeds from prior marijuana sales, and he was using that money to pay for his Lincoln hotel and other expenses while he prepared to go to Omaha to sell the heroin.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.Cadillac Technology Professional Sentenced to 21 Months in Prison for Stealing $350,000 from Aar Mobility SystemsRead the Press Release
Kirk Weir Ordered To Repay $371,738.18 To The Victims Of His Scheme To Defraud
GRAND RAPIDS, MICHIGAN – Kirk Edward Weir, 40, of Cadillac, was sentenced to almost two years in federal prison for fraudulently acquiring technology equipment and software and misusing a company purchasing card. Additionally, Weir was ordered to pay $371,738.18 in restitution to the victims of the scheme and must forfeit an additional $350,000 to the United States in the form of a money judgment. He will serve three years of supervised release after his prison sentence. The Honorable Robert J. Jonker, U.S. District Judge, imposed the sentence.
Weir pled guilty in June 2014 to one count of wire fraud in a scheme involving his former employer, AAR Mobility Systems, a global supplier of rapid deployment equipment and mobile tactical shelters to the government and defense industries. Weir committed the scheme between 2007 and 2012 while employed as a technology administrator by causing AAR to purchase approximately $290,000 in equipment and software and $60,000 in company credit card purchases for items ostensibly for use by AAR. In truth, Weir diverted the technology items to sell on the Internet and purchased personal items such as outdoor and sports equipment, boating accessories, and clothing, some of which he sold on the Internet. He admitted altering company records and manipulating internal controls to conceal his crimes.
U.S. Attorney Patrick Miles, Jr. said, “Weir abused the trust placed in him by his employer by quietly but systematically stealing from the company over the course of several years. Despite the great lengths he took to conceal the theft, the scheme ended and unraveled when a concerned citizen reported the suspected fraud to law enforcement. We applaud those who refuse to simply look the other way by reporting suspected criminal activity. This helps ensure that offenders are held accountable and justice is brought to victims.”
The case was investigated by Detective/Lieutenant Todd Golnick of the Cadillac Police Department, the Wexford County Prosecutor’s Office, and the FBI. Assistant U.S. Attorney Christopher O’Connor prosecuted the case.
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Biddeford Man Sentenced to 2½ Years for Pharmacy RobberyRead the Press Release
Contact: Michael J. Conley
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Kyle
Desmarais, 32, of Biddeford, was sentenced yesterday in U.S. District Court by Judge Nancy
Torresen to 2 ½ years in prison for pharmacy robbery. Desmarais pleaded guilty to the charge on June 20, 2014.According to court records, on February 13, 2014, Desmarais drove Billy Schildroth to a
Rite Aid pharmacy located in Old Orchard Beach, so that Schildroth could rob the pharmacy. Schildroth absconded with Oxycontin (oxycodone) and Suboxone (buprenorphine) after putting his hand inside his coat and telling the pharmacist that he had “a gun and five bullets” and not to alert anyone or he would shoot the pharmacist in the face. After the robbery, Desmarais drove Schildroth away knowing that he had committed the robbery.Schildroth pleaded guilty on August 1, 2014 and is scheduled to be sentenced on
November 18, 2014. Schildroth faces up to 20 years in prison and a $250,000 fine.The investigation was conducted by the Federal Bureau of Investigation and the Old
Orchard Beach Police Department.Beloit Man Pleads Guilty to Bank FraudRead the Press Release
WICHITA, KAN. – A Beloit man pleaded guilty Thursday to defrauding a bank in Ottawa County, U.S. Attorney Barry Grissom said.
Matthew R. Shurts, 42, Beloit, Kan., pleaded guilty to one count of bank fraud. In his plea, he admitted he provided false information when he applied for a loan from the Bank of Tescott. On July 19, 2013, he showed representatives of the bank 71 cows, 71calves and eight bulls the he claimed were his and would serve as collateral on his loan. In fact, he owned only 17 cows and 17 calves among those he showed the representatives of the bank.
On Aug. 1, 2013, he filed a financial statement with the bank representing that he had 70 cow/calf pairs and six bulls worth a total of $152,000. In fact, he had 13 cow/calf pairs valued at a total of $26,000. In December 2013 he told bank representatives he had sold cattle and would be paying off some of his loan. He wrote a check for $53,000 that did not have sufficient funds on account to clear.
Sentencing is set for Dec. 22. He faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Battle Creek Man Sentenced to 12 Years for Possessing Multiple Guns and Possessing A Firearm in Furtherance of Selling HeroinRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Patrick Miles announced today that Vincent Isaac-Peter Jones, age 28, of Battle Creek, was sentenced to 152 months – well over 12 years -- in prison after pleading guilty to possessing two firearms as a convicted felon and possessing a third firearm in furtherance of heroin trafficking. One of the firearms had been reported stolen; another had an obliterated serial number. Jones had multiple prior felonies, including for possession of narcotics and a weapon.
U.S. Attorney Patrick Miles said, “Drugs and stolen guns are a toxic mix, which is only made worse when they are possessed by convicted felons. Battle Creek and Western Michigan neighborhoods are safer after eliminating these guns and drugs. This sentence sends a strong signal that people who use stolen guns to aid selling drugs face significant punishments in the federal system.”
ATF Special Agent in Charge Steven J. Bogdalek said “ This sentence imposed highlights our effort along with our state and local law enforcement partners, as well as the United States Attorney’s Office, to remove violent individuals like Mr. Jones from our streets. Mr. Jones’ repetitive past displayed a continued willingness to carry and use firearms to commit crimes, including narcotics trafficking, that continue to paralyze our community”.
This case resulted from a coordinated investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Battle Creek Police Department’s Gang Suppression Unit and Special Investigations Unit. This case was prosecuted by Assistant U.S. Attorney Russ Kavalhuna.
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Barrow County Man Sentenced to 20 Years in Federal Prison for Distributing Child PornographyRead the Press Release
GAINESVILLE, Ga. -- Jonathan Lee Whitmire has been sentenced to the statutory maximum sentence of 20 years in federal prison for distributing child pornography.
“This defendant amassed a large collection of photos and videos depicting the sexual assault of very young children,” said United States Attorney Sally Quillian Yates. “We will continue to pursue significant sentences for those who trade in the victimization of the most innocent and vulnerable among us.”
“As long as there are predators in our society who traffic in the rape of children for their perverse desires, there will be HSI special agents a few steps behind them working tirelessly to seek justice for the victims of this pernicious crime,” said Brock D. Nicholson, Special Agent in Charge of ICE Homeland Security Investigations in Atlanta. “We will follow every lead, we will pull every thread, and we simply will not stop until every depraved degenerate who distributes this filth understands we will be knocking at their door the minute they hit ‘send.’”
According to United States Attorney Yates, the criminal indictment, and information presented in court: In September 2013, Homeland Security Investigations (HSI) executed a search warrant in Cheyenne, Wyo., at the home of an individual using an international website to exchange child pornography. Investigators found that the Wyoming subject was also trading child pornography with numerous individuals using electronic mail. Based on a search of the Wyoming subject’s email accounts, HSI identified Jonathan Lee Whitmire as an individual who traded child pornography with the Wyoming subject. Subsequent searches of Whitmire’s email accounts showed Whitmire traded sexually explicit images of young children with a substantial number of other individuals using various email accounts.
In January 2014, a search warrant was executed at Whitmire’s home in Auburn, Ga. A forensic examination of electronic media found in Whitmire’s home showed that he had a large collection of images and videos of young children being sexually assaulted. The investigation also revealed that Whitmire molested at least two young girls.
Whitmire, 36, of Auburn, Ga., was sentenced by United States District Judge William C. O’Kelley to 20 years in prison to be followed by 20 years of supervised release. Whitmire was also ordered to pay a $3,000.00 fine and a $100 special assessment. The defendant will be required to register as a sex offender when he is released from prison.
Whitmire is charged with two counts of child molestation and two counts of aggravated sexual battery in Barrow County, Ga.
This case was investigated by Homeland Security Investigations, the Barrow County Sheriff’s Office, and the Barrow County District Attorney’s Office.
Assistant United States Attorney William McKinnon prosecuted the case.
This case is being 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 U.S. Attorneys’ Offices, 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 further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Bangor Man Sentenced for Misdemeanor Cocaine Possession in Acadia National ParkRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Glenn
G. Watson, 63, of Bangor, Maine, was sentenced today in U.S. District Court in Bangor to four months in prison and one year of supervised release and fined $1,736 for cocaine possession. He was also ordered to pay the costs of the testing the cocaine seized from him. The defendant pleaded guilty on August 28, 2014.
On June 24, 2014, Watson was in a vehicle parked in Acadia National Park. A ranger approached the vehicle and smelled marijuana. The defendant admitted smoking marijuana and having it in the vehicle and agreed to a search of the vehicle. The ranger found four grams of cocaine in the vehicle and seized $2,001 from the defendant and the vehicle.
The case was investigated by the U.S. National Park Service.Baltimore Felon Sentenced to 10 Years in Prison for Illegal Possession of A GunRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Deandre Murphy, age 31, of Baltimore, today to 10 years in prison, followed by three years of supervised release, for being a felon in possession of a firearm.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
According to his plea agreement, Baltimore City Police officers were patrolling the Cherry Hill area of Baltimore when they saw Murphy, who was wearing a gray hooded sweatshirt. That seemed unusual to the officers since the temperature was about 90 degrees. Due to recent violence in the area, the officers approached Murphy to speak with him. As they approached from the rear, the officers saw the handle of handgun in Murphy’s pants. Murphy was not aware of the officers’ presence at that time.
One of the officers put his hand over the handle of the handgun and yelled “gun” for the protection of the other officers. Murphy struggled with the officers, but was subdued and the handgun, a .22 caliber pistol, fell from his waistband area. Murphy had previously been convicted of a felony and was prohibited from possessing a firearm.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney A. David Copperthite, who prosecuted the case.
Attorney General Holder Statement on Federal Court Ruling Against Texas Voter Identification LawRead the Press Release
Attorney General Eric Holder released the following statement late Thursday after a federal district court ruled in favor of the Justice Department's lawsuit against Texas' voter identification law:
"We are extremely heartened by the court's decision, which affirms our position that the Texas voter identification law unfairly and unnecessarily restricts access to the franchise. Even after the Voting Rights Act was seriously eroded last year, we vowed to continue enforcing the remaining portions of that statute as aggressively as possible. This ruling is an important vindication of those efforts.
"We are also pleased that the Supreme Court has refused to allow Wisconsin to implement its own restrictive voter identification law.
"This Department will never yield in its commitment to protecting that most sacred of Americans' rights - the right to vote."
Alleged Russian Cyber-Criminal Now Charged in 40-Count Superseding IndictmentRead the Press Release
A federal grand jury in Seattle returned a second superseding indictment late yesterday charging a Russian national with 11 additional counts and further detailing his alleged scheme to hack into businesses and steal credit card information for later sale over the Internet on “carding” websites.
The now 40-count indictment alleges that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia, was involved in the theft and sale of more than 2 million credit card numbers.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“The additions in this superseding indictment show how cybercriminals use the Internet not only to infiltrate and steal sensitive data, but also to teach other criminals how to navigate the credit-card selling underworld and get equipment that can be used to defraud U.S. citizens,” said Assistant Attorney General Caldwell. “The Criminal Division is committed to investigating these thefts and uncovering the methods of computer hackers to stay one step ahead of them and bring them to face justice.”
“The charges returned by the grand jury detail a criminal scheme that continued right up until Mr. Seleznev’s arrest in July,” said Acting U.S. Attorney Hayes. “As set forth in the indictment, the government expects to prove at trial that Seleznev was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.”
The indictment charges Seleznev with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft. Seleznev is currently scheduled for trial on Nov. 3, 2014, and will be arraigned on the new charges sometime next week.
According to court documents, between October 2009 and October 2013, Seleznev allegedly hacked into retail point of sale systems and installed malicious software to steal credit card numbers from various businesses. Seleznev allegedly created and operated the infrastructure to facilitate the theft and sale of credit card data, used servers located all over the world to facilitate his operation, and sold stolen credit card data on a website known as “2pac.cc.”
Seleznev is also charged in a separate indictment in the District of Nevada with participating in a racketeer influenced corrupt organization (RICO) and conspiracy to engage in a racketeer influenced corrupt organization, as well as two counts of possession of 15 or more counterfeit and unauthorized access devices.
The charges contained in the indictments are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the U.S. Secret Service Electronic Crimes Task Force, which includes detectives from the Seattle Police Department. The case is being prosecuted by Trial Attorney Ethan Arenson of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Norman M. Barbosa and Seth Wilkinson of the Western District of Washington. The Office of International Affairs and the U.S. Attorney’s Office for the District of Guam provided substantial assistance in this case.
Alleged Russian Cyber-Criminal Now Charged in 40-Count Superseding IndictmentRead the Press Release
WASHINGTON – A federal grand jury in Seattle returned a second superseding indictment late yesterday charging a Russian national with 11 additional counts and further detailing his alleged scheme to hack into businesses and steal credit card information for later sale over the Internet on “carding” websites.
The now 40-count superseding indictment alleges that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia, was involved in the theft and sale of more than 2 million credit card numbers.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“The charges returned by the grand jury detail a criminal scheme that continued right up until Mr. Seleznev’s arrest in July,” said Acting U.S. Attorney Hayes. “As set forth in the indictment, the government expects to prove at trial that Seleznev was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.”
“The additions in this superseding indictment show how cybercriminals use the Internet not only to infiltrate and steal sensitive data, but also to teach other criminals how to navigate the credit-card selling underworld and get equipment that can be used to defraud U.S. citizens,” said Assistant Attorney General Caldwell. “The Criminal Division is committed to investigating these thefts and uncovering the methods of computer hackers to stay one step ahead of them and bring them to face justice.”
The superseding indictment charges Seleznev with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft. Seleznev is currently scheduled for trial on Nov. 3, 2014, and will be arraigned on the new charges sometime next week.
According to court documents, between October 2009 and October 2013, Seleznev allegedly hacked into retail point of sale systems and installed malicious software to steal credit card numbers from various businesses. Seleznev allegedly created and operated the infrastructure to facilitate the theft and sale of credit card data, used servers located all over the world to facilitate his operation, and sold stolen credit card data on a website known as “2pac.cc.”
Seleznev is also charged in a separate indictment in the District of Nevada with participating in a racketeer influenced corrupt organization (RICO) and conspiracy to engage in a racketeer influenced corrupt organization, as well as two counts of possession of 15 or more counterfeit and unauthorized access devices.
The charges contained in the indictments are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the U.S. Secret Service Electronic Crimes Task Force, which includes detectives from the Seattle Police Department. The case is being prosecuted by Assistant U.S. Attorneys Norman M. Barbosa and Seth Wilkinson of the Western District of Washington and Trial Attorney Ethan Arenson of the Criminal Division’s Computer Crime and Intellectual Property Section. The Office of International Affairs and the U.S. Attorney’s Office for the District of Guam provided substantial assistance in this case.52 Members and Associates of San Bernardino Street Gang Targeted in Federal Drug Trafficking IndictmentRead the Press Release
RIVERSIDE, California – After a federal grand jury issued a 90-page indictment, federal and state authorities today arrested 21 of 52 defendants linked to San Bernardino's largest gang on narcotics-trafficking charges that allege numerous transactions involving methamphetamine and heroin.
The indictment, which was unsealed this morning, targets members and associates of the West Side Verdugo gang, who are charged with trafficking methamphetamine and heroin in San Bernardino and various California prisons, where members of the gang and gang affiliates linked to the Mexican Mafia are incarcerated. The indictment outlines how some of the proceeds generated by narcotic sales were funneled to members of the Mexican Mafia prison gang.
All 52 defendants named in the indictment are charged with conspiracy to distribute and to possess with intent to distribute methamphetamine and heroin. Seven of the defendants are also charged in drug distribution counts involving methamphetamine and heroin.
The conspiracy count in the indictment details hundreds of “overt acts” that begin in the summer of 2010 and continue into 2012. The overt acts describe numerous drug deals, the smuggling of drugs into state prison facilities and seizures of drugs by law enforcement that in one case was well over one-half pound of methamphetamine
In addition to the sale of narcotics, the indictment alleges that members of West Side Verdugo collected "taxes" from drug dealers who were allowed to operate in gang territory – for example, the 7th Street Park -- in exchange for sharing some of the drug proceeds with the gang.The 21 defendants taken into custody today are expected to be arraigned on the indictment this afternoon in United States District Court in Riverside.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until proven guilty in court.
The conspiracy count in the indictment, which charges all 52 defendants, carries a mandatory minimum sentence of 10 years and a statutory maximum penalty of life in federal prison.
In addition to the 21 people arrested today, 22 were already in custody on unrelated charges. Authorities are continuing to look for 8 people who are charged in the indictment and a summons will be issued for one defendant.
This case is the product of an investigation by the FBI, the San Bernardino Sheriff's Department, the San Bernardino Police Department and the California Department of Corrections and Rehabilitation. The San Bernardino County District Attorney's Office provided substantial assistance.
Personnel from a number of law enforcement agencies assisted during today's operation, including the San Bernardino Department of Probation; the Los Angeles Police Department; the Los Angeles County Sheriff's Department; the California Highway Patrol; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Release No. 14-135
8 October 2014
Woman from Dominican Republic Convicted of Using Phony Passport to Re-Enter United StatesRead the Press Release
NEWARK, N.J. – A citizen of the Dominican Republic was convicted at trial today of several crimes related to her effort to re-enter the United States with a phony passport, U.S. Attorney Paul J. Fishman announced.
Angela De Jesus-Concepcion, 35, of New York, was convicted of all three counts of the indictment against her: false claim of U.S. citizenship, use of a U.S. passport obtained by false statement, and aggravated identity theft. Following a one week trial before U.S. District Judge William Walls, the jury deliberated one hour before returning the guilty verdicts.
According to documents filed in this case and the evidence at trial:
On March 17, 2012, De Jesus-Concepcion attempted to enter the United States at Newark Airport from the Dominican Republic. At CBP passenger processing she presented a United States passport bearing the name of an identity theft victim and De Jesus-Concepcion’s photograph. She also filled out a customs declaration using the victim’s name and the number of the passport that she was carrying. Customs and Border Protection conducted a secondary inspection and found a New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph along with a Visa debit card in De Jesus-Concepcion’s own name. At trial, it was proven that the passport being carried by De Jesus-Concepcion had been obtained using an earlier version of the New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph and a replacement naturalization certificate, also bearing the victim’s name and De Jesus-Concepcion’s photograph.
The count of false claim of citizenship carries a maximum potential penalty of three years in prison. The count of use of a passport obtained by false statement carries a maximum potential penalty of 10 years in prison. The count of aggravated identity theft carries a maximum potential penalty of two years in prison, consecutive to any sentence imposed on the other two counts. Sentencing is scheduled for Jan. 6, 2015.
U.S. Attorney Fishman credited officers of U.S. Customs and Border Protection, under the leadership of Robert E. Perez, director of New York Field Operations, for the investigation leading to today’s conviction. He also thanked the Department of State, Diplomatic Security Service, for its investigation.
The government is represented Assistant U.S. Attorneys Sara F. Merin of the General Crimes Unit and Shirley U. Emehelu of the Economic Crimes Unit in Newark.
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Defense counsel: Kathleen Theurer Esq., Jersey City, N.J.De Jesus-Concepcion, Angela Superseding Indictment
Violent Felon Sentenced to 88 Months in Prison for Illegal GunRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that Chief U.S. District Judge Brian A. Jackson sentenced DEMETRICE D. JOHNSON, age 31, of Baton Rouge, Louisiana, to 88 months in prison and three years of supervised release after prison. This sentence is based on his conviction for possessing a firearm as a convicted felon.
JOHNSON pled guilty in June 2014 after being indicted by a federal grand jury. In November 2013, JOHNSON was arrested by the Baton Rouge City Police after he allegedly fired a .45 caliber handgun several times into a vehicle occupied by an adult and three children. As a convicted felon, JOHNSON’s mere possession of the firearm is a federal crime. However, his use of the weapon increased his sentencing exposure, resulting in today’s sentence.
U.S. Attorney Green stated: “We will continue to assist and work with our federal, state, and local partners to reduce gun violence in Baton Rouge and throughout the rest of the Middle District of Louisiana. A large part of our role is the aggressive prosecution of felons who possess and use firearms in violation of federal law. Our relentless pursuit of those cases will continue.”
This matter was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Baton Rouge City Police. This matter is being prosecuted by Assistant United States Attorney Lyman E. Thornton III.
Vian Man Sentenced to 51 Months for Maintaining Drug Involved PremisesRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that CLIFFORD PERKINS JR., age 43, of Vian, Oklahoma, was sentenced to 51 months imprisonment for Maintaining Drug Involved Premises, in violation of Title 21, United States Code, Section 856.
The charge arose from an investigation by the Sallisaw Police Department, District 27 District Attorney’s Drug Task Force, Bureau of Indian Affairs and the Drug Enforcement Administration. The defendant was indicted in August, 2013 and pled guilty in March, 2013.
The Indictment alleged that from on or about August 1, 2012 until Indicted, the defendant, did knowingly and intentionally maintain a place at 307 Dennis Street, Vian, Oklahoma, within the Eastern District of Oklahoma, for the purpose of distributing, manufacturing and using methamphetamine, a Schedule II Controlled Substance.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
Vian Man Sentenced to 46 Months for Maintaining Drug Involved PremisesRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JAMI STALEY, a.k.a. Kountry, age 31, of Vian, Oklahoma, was sentenced to 46 months imprisonment for Maintaining Drug Involved Premises, in violation of Title 21, United States Code, Section 856.
The charge is a result of an investigation by the Sallisaw Police Department, the Bureau of Indian Affairs and the Drug Enforcement Administration. The defendant was indicted in August, 2013.
The Indictment alleged that during the period of on or about August 1, 2012 until Indicted, the defendant, did knowingly and intentionally maintain a place at 307 Dennis St., Vian, Oklahoma, within the Eastern District of Oklahoma, for the purpose of distributing, manufacturing and using methamphetamine, a Schedule II Controlled Substance.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
Vanderwagon Man Sentenced to Fourteen Years for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Darryle R. Dennison, 25, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced this morning to 14 years in prison followed by ten of supervised release for his aggravated sexual abuse conviction. Dennison will be required to register as a sex offender after he completes his prison sentenced.
Dennison’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.
Dennison was arrest on June 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old on June 4, 2013, in a location within the Navajo Indian Reservation, in McKinley County, N.M. On March 18, 2014, Dennison pled guilty to a felony information charging him with aggravated sexual abuse and admitted engaging in a sexual act with a child under the age of 12 years.
This case was investigated by the Gallup office of the FBI with assistance from the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Glynette R. Carson McNabb and Presiliano A. Torrez.
The case was brought pursuant to 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/.
Utah Sex Offender Living in Turtle Creek Sentenced to Prison for Failing to Register in PARead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 13 months incarceration, to be followed by five years of supervised release, of which the first six months will be served at Renewal, Inc. on his conviction of failing to register as a convicted sex offender, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Kevin McCree, at 31, formerly of Turtle Creek, Pa.
According to information presented to the court, McCree was required to register under the Sex Offender Registration and Notification Act after having been convicted in 2007 in the state of Utah of the felony sex offenses of Enticing a Minor Over the Internet and Dealing in Material Harmful to a Minor. Between in and around March 2013, and Dec. 10, 2013, McCree traveled in interstate commerce and knowingly failed to register and update a registration, as required by the Sex Offender Registration and Notification Act.
Assistant United States Attorney Amy L. Johnston prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Marshals Service for the investigation leading to the successful prosecution of McCree.
Union County, N.J., Man Sentenced to More Than 10 Years in Prison for Distributing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. - A Union County, New Jersey, man was sentenced today to 121 months in prison for distributing images of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Carl Tullis III, 50, of Plainfield, New Jersey, previously pleaded guilty before U.S. District Judge Faith S. Hochberg to Count One of an indictment charging him with distribution of child pornography. Judge Hochberg imposed the sentence today in Newark federal court.
According to documents filed in this case and statements in court: Tullis admitted that on March 26, 2011, he made available for others to download via an online peer-to-peer, file-sharing network images and videos of child sexual abuse that were stored on his home computer. An undercover FBI agent successfully downloaded from Tullis multiple images and videos of child sexual abuse via the file sharing network. A subsequent search of Tullis’ computers and computer accessories revealed that he:- 1,634 images of child sexual abuse
- 1,420 videos of child sexual abuse
- Multiple images and videos of child pornography involving sadistic or masochistic conduct and bestiality
- Multiple images and videos of child sexual abuse involving infants
As part of his guilty plea, Tullis agreed to forfeit the computers and computer accessories he used to commit the offense. He will also be required to register as a sex offender.
In addition to the prison term, Judge Hochberg sentenced Tullis to five years of supervised release and pay restitution of $8,000 to each of two victims.
U.S. Attorney Fishman credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Francisco J. Navarro and Courtney M. Oliva of the U.S. Attorney’s Office General Crimes Unit in Newark.
14-366Defense counsel: Brian Neary Esq., Hackensack, New Jersey
Two Pewaukee, WI Men Charged with Bank Fraud and Concealing AssetsRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced that on Tuesday, October 7, 2014, the grand jury returned a sixteen count indictment charging Todd A. Brunner (age 57), and Shawn A. Brunner, (age: 24), both of Pewaukee, Wisconsin with bank fraud in violation of Title 18, United States Code, Section 1344; and false declarations and oaths, and concealing assets in bankruptcy, in violation of Title 18, United States Code, Section 152.
T. Brunner is charged in counts one through eight of the indictment, which allege that he submitted false documents in support of draw requests from a construction loan funded by First Business Bank of Milwaukee. Counts nine through eleven allege T. Brunner transferred the ownership of assets, including real estate, motor vehicles, and boats to his son, S. Brunner, and to shell companies in order to shield them from his creditors. Count twelve alleges that T. Brunner concealed boat engines, superchargers and gauges from the bankruptcy court and his creditors during bankruptcy proceedings. Counts thirteen and fourteen allege that T. Brunner made materially false declarations and verifications under penalty of perjury in his bankruptcy proceedings. Count fifteen alleges that T. Brunner made a false oath and account at a creditor meeting in bankruptcy. S. Brunner is charged with bank fraud along with his father in counts nine through eleven, and separately, in count sixteen, with a false account and oath at a bankruptcy proceeding.
In announcing the indictment, United States Attorney Santelle commented: “The nature and scope of the charges issued by the grand jury reflect the substance and the breadth of the criminal conduct in which the defendant allegedly engaged—including bank fraud, the concealment of assets, and the making of false statements in the context of bankruptcy proceedings. These behaviors not only compromise the strength of our financial institutions and banking systems but also undermine the legitimate and important processes of the United States Bankruptcy Court.” Santelle specially commended the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Housing and Urban Development, and the Milwaukee Police Department for “their partnered, focused, and effective investigation of this multi-faceted fraud.”
If convicted of the bank fraud counts, each defendant faces up to 30 years in prison, a $1,000,000 fine, and up to five years supervised release for each count. If convicted of the false declarations and oaths and concealment in bankruptcy, each defendant faces up to five years in prison, a $250,000 fine, and up to three years of supervised release on each count.
The case was investigated by the Federal Bureau of Investigation, the United States Department of Housing and Urban Development-Office of Inspector General, Internal Revenue Service Criminal Investigation, and the Milwaukee Police Department. The case is being prosecuted by Assistant United States Attorney Carol L. Kraft.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday in U.S. District Court in Harrisburg against two illegal aliens.
Oscar Elena-Gutierrez, age 43, was charged in a one-count information. The information alleges that Elena-Gutierrez, a Mexican citizen, entered the United States unlawfully and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Elena-Gutierrez faces a maximum sentence of up to 6 months imprisonment and a $5,000 fine.
Ismael Bustillo-Barahona, age 41, was charged in a one-count information alleging that Bustillo-Barahona, a citizen of Honduras, entered the United States and was found in York County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Bustillo-Barahona faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Tuba City Man Sentenced to 5 Years in Prison for Attempted RobberyRead the Press Release
PHOENIX – On Oct. 7, 2014, Windfield William Yazzie, 33, of Tuba City, Ariz., was sentenced by U.S. District Judge David G. Campbell to five years imprisonment. Yazzie pleaded guilty on June 30, 2014 to attempted robbery.
On Feb. 25, 2014, Yazzie brandished what appeared to be a firearm in an attempt to rob the victim on the Navajo Nation, but the victim was able to escape before the robbery was completed.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Division of Public Safety. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8059-PCT-DGC
RELEASE NUMBER: 2014-059_YazzieFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Temple Couple Sentenced to Federal Prison for Postal Theft Scheme Involving in Excess of 50,000 Pieces of United States MailRead the Press Release
More than 2,000 individuals victimized as a result of the defendants' scheme
In Waco today, 39-year-old Charles Hattenbach and 29–year-old Kathryn Hubbert were sentenced to 81 months and 48 month in federal prison, respectively, for a postal theft scheme involving more than 50,000 pieces of mail and over $500,000 in other U.S. Government property from U.S. Post Offices in approximately 80 cities and towns across Texas announced U.S. Attorney Robert Pitman and U.S. Postal Inspection Service (USPIS) Inspector in Charge Robert Weymss, Houston Division.
In addition to the prison terms, United States District Judge Walter S. Smith, Jr., ordered the defendants to pay $103,720 restitution. Judge Smith also ordered that Hattenbach and Hubbert pay a $6,000 fine and $5,000 fine, respectively, and be placed on supervised release for a period of five years after completing their prison terms.
In July, Hattenbach pleaded guilty to one count of conspiracy to steal mail, one count of bank fraud, one count of theft of Government property and three counts of aggravated identity theft. In June, Hubbert pleaded guilty to one count of conspiracy to steal mail, one count of bank fraud, one count of theft of Government property and two counts of aggravated identity theft.
According to court records, from December 2013 until March 2014, the defendants conspired to steal U.S. mail and other Government property by breaking into U.S. Post Offices and blue mail receptacle boxes located outside of post offices in an area stretching from Midland to College Station and from Dallas to San Antonio. The defendants stole credit cards, personal checks, business checks, money orders, postage, W-2s, tax returns, items which contained personal identifying information, cash, gift cards and other items belonging to more than 2,000 victims.
The defendants also devised a scheme to defraud several financial institutions, including Extraco Bank in Round Rock, TX, by endorsing and depositing stolen money orders and checks. The defendants subsequently withdrew the deposits causing the financial institutions to lose more than $80,000. The defendants also activated numerous credit cards using victims’ personal identifying information, including names, social security numbers and driver’s license numbers and dates of birth, which they had previously stolen from the mail.
The defendants targeted United States Post Offices, collection boxes, parcel lockers and post office boxes in the following cities and towns: Alvarado, Austin (Balcones, Bluebonnet, Main, McNeil, Mockingbird, Northcross, South Campus, Southeast, and Town North branches), Bangs, Belton, Blanket, Brenham, Bryan, Buchanan Dam, Buckholts, Burton, Cameron, Campbellton, Carmine, Cedar Park, Chapel Hill, Clifton, Coleman, College Station, Colorado City, Copperas Cove, Corpus Christi (Gulfway branch), Dripping Springs, Early, Elgin, Florence, Gause, Georgetown, Gustine, Harker Heights, Hearne, Heidenheimer, Hewitt, Hillsboro, Holland, Hutto, Jerrell, Jonesboro, Kemper, Killeen, Lampasas, Lawn, Leander, Ledbetter, Liberty Hill, Lockhart, Loraine, Lorena, May, McDade, Meridian, Merkel, Midland, Milano, Millican, Mound, Navasota, Nolanville, Novice, Paige, Pendleton, Pflugerville, Red Oak, Rising Star, Roby, Rockport, Rogers, Rosebud, Round Rock, Salado, San Angelo, San Marcos, Santa Anna, Sinton, Sterling City, Sweetwater, Taylor, Temple, Thorndale, Treat, Troy, Tye, Valley Mills, Waco (Highlander and Woodway branches), Walnut Springs, Washington and Weir.
“The Postal Inspection Service has sought those who steal mail for hundreds of years. The ability to use the mail in a safe and secure manner is at the core of the Postal Inspection Service's mission,” stated USPIS Inspector in Charge Robert Weymss.
This case resulted from an investigation conducted by USPIS and the Bell County Organized Crime Task Force (BCOTF). The BCOTF is comprised of investigators from the United States Marshals Service, Bell County Sheriff’s Office and police departments from Temple, Belton, Killeen, Copperas Cove and Harker Heights. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
Tax and Social Security Check Thief SentencedRead the Press Release
Boston - A former Worcester resident was sentenced in U.S. District Court in Worcester today for leading a scheme to steal and launder over $100,000 in government money.
Marvin Lubin, 22, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison, three years of supervised release, and was ordered to pay $110,299 in restitution to the federal government. In April 2014, Lubin pleaded guilty to theft of government money.
In early 2013, Lubin and a Florida man, Sniders Jean-Jacques, recruited couriers to open bank accounts in the name of sham businesses. Social Security benefits and IRS tax refund payments, all illegally obtained using stolen identities, were then deposited to the accounts. At the direction of Lubin and Jean-Jacques, cash was immediately withdrawn following each deposit and delivered by the couriers as instructed. All of the money involved represents funds stolen from the United States government.
On October 10, 2013, during the execution of a search warrant of Lubin’s home, law enforcement agents recovered evidence including a debit card associated with one of the sham business bank accounts and a list of 375 names with dates of birth and Social Security numbers. Law enforcement agents interviewed Lubin, who admitted to his role in this scheme.
Five others have pleaded guilty in connection with this scheme, including Jean-Jacques; couriers Juanita Hall, Natalia Santana, and Shantelle Smith; and Emeline Lubin, Lubin’s sister, who stole names and Social Security numbers from her then employer, Tufts Health Plan, and supplied the stolen information to Jean-Jacques for use in the scheme.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Worcester Police Chief Gary J. Gemme, made the announcement today. The case was prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Street Gang Members Charged with Drug Conspiracy, Firearms Violations, Carjacking, and Violent Crime in Aid of Racketeering ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, and Manuel Orosa, Chief, Miami Police Department (MPD), announce charges against 21 members and associates of the Big Money Team, a street gang operating in the Little Havana and Allapattah neighborhoods of Miami. The second superseding indictment includes charges of conspiracy to possess and possession of controlled substances with intent to distribute, in violation of Title 21, United States Code, Sections 841 and 846, possession of firearms in furtherance of drug trafficking and violent crime, in violation of Title 18, United States Code, Section 924, firearm and ammunition possession by convicted felons, in violation of Title 18, United States Code, Sections 922 and 924, carjacking, in violation of Title 18, United States Code, Section 2119, and commission of violent crime in aid of racketeering, in violation of Title 18, United States Code, Section 1959.
The following 17 individuals are charged in the second superseding indictment: Maurin Chacon a/k/a “Tiny,” a/k/a “Peludo,” a/k/a “Yung Patron,” 27; Christopher Altamirano a/k/a “Tango,” a/k/a “”Peter Baitz,” 22; Rodolfo Portela a/k/a “Papo L. Desperado,” 29; Dayaan Zerquera a/k/a “Dsbf BMT Kid,” 24; Raymond Moore a/k/a “Flaco,” a/k/a “Dinero Banks,” a/k/a “Young Gunna,” 22; Alioth Salas, a/k/a “Ali,” 27; Luis Salas a/k/a “Chico Black,” 22; Christian Ramirez a/k/a “Joker,” 31; Joseph Thompson a/k/a “Joe,” 29; Carlos Tinoco a/k/a “C-Lo,” 22; James Dixon a/k/a “Smoke,” 20; Steven Castro a/k/a “YM Stevo,” 23; Dwight Forte, 22; Jay Anthony Flores a/k/a “Jay Gambino,” 19; Joel Diaz a/k/a “Borie,” a/k/a “El Paisa,” and a/k/a “Buom Clock,” 25; Fernando Roberto Darce a/k/a “Bonesz,” 20; and Mario Balboa, 29; all of Miami.
According to the second superseding indictment, these 17 defendants and co-defendants Nadim Guzman, 21, Angel Martinez, a/k/a “Telly,” a/k/a “Tboy,” 22, Kevin Diaz, 19, and Miguel Rodriguez, a/k/a “Fat Boy,” a/k/a “Barba,” 19, each of Miami, were members or associates of the “Big Money Team,” a street gang that engaged in violent crime, such as, robbery, assault, directed prostitution, armed street-level drug trafficking and obstruction of justice.
As alleged in the second superseding indictment, Big Money Team enriched its members and associates through, among other things, robbery, prostitution, and distribution of controlled substances, such as crack cocaine, Molly, and marijuana; preserving and protecting the power, territory, and profits of the gang through assault, obstruction of justice, intimidation, violence, and threats of violence; and keeping victims and witnesses in fear of the gang members and associates through threats of violence and violence.
Additionally, defendant Luis Salas is charged with one count of carjacking on or about May 31, 2014.
Co-defendants Nadim Guzman, Angel Martinez, and Kevin Diaz charged by a prior indictment on June 13, 2014, previously pled guilty to charges of conspiracy to possess controlled substances with intent to distribute, in violation of Title 21, United States Code, Section 846. Co-defendant Miguel Rodriguez, also charged by the prior indictment, previously pled guilty to charges of conspiracy to possess and possession of controlled substances with intent to distribute, in violation of Title 21, United States Code, Sections 841 and 846. Sentencing for Nadim Guzman is scheduled for October 15, 2014, before U.S. District Judge Kathleen M. Williams. Sentencing for Miguel Rodriguez, Kevin Diaz, and Angel Martinez is scheduled for December 2, 2014, also before Judge Williams. Defendants Nadim Guzman, Angel Martinez, and Kevin Diaz each face up to 40 years in prison, to be followed by up to five years of supervised release. Defendant Miguel Rodriguez faces up to 200 years in prison, to be followed by up to five years of supervised release.
Co-Defendants Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Raymond Moore, Christian Ramirez, and James Dixon, originally charged by a prior indictment on June 13, 2014, are scheduled for trial commencing on December 1, 2014, before Judge Williams.
Defendants Carlos Tinoco, Luis Salas, Fernando Roberto Darce, Steven Castro, Jay Anthony Flores and Dwight Forte made their initial appearances before U.S. Magistrate Judge Goodman. Defendant Joseph Thompson is expected to make his initial appearance next week before U.S. Magistrate Judge Alicia M. Otazo-Reyes. Defendants Alioth Salas, Joel Diaz and Mario Balboa remain at large.
If convicted, each of the defendants faces up to life in prison for conspiring to possess controlled substances with intent to distribute. Defendant Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Raymond Moore, Christian Ramirez, and James Dixon face up to twenty years in prison for possession of controlled substances with intent to distribute. Defendant Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Christian Ramirez, Joseph Thompson, Carlos Tinoco, Dwight Forte, and Joel Diaz face up to life in prison for possession of firearms in furtherance of drug trafficking or violent crime. Defendants Maurin Chacon and Dayaan Zerquera face up to ten years in prison for firearm and ammunition possession by convicted felons. Defendants Rodolfo Portela and Joseph Thompson face up to life in prison for firearm and ammunition possession by convicted felon armed career criminals. Defendants Maurin Chacon, Christopher Altamirano, Joseph Thompson and Dwight Forte faces up to twenty years in prison on the commission of violent crime in aid of racketeering charge. Defendant Luis Salas faces up to fifteen years in prison on the carjacking charge.
U.S. Attorney Wifredo Ferrer stated, “Today’s charges are possible because of the continued cooperation between federal and local law enforcement to combat gang-related crime in our communities. The arrest of these defendants represents a significant victory to the residents of Little Havana and Allapattah, as we have effectively removed eighteen members and associates of the violent street gang, ‘Big Money Team.’ We will continue to prosecute individuals whose violent criminal conduct and brazen threats paralyze neighborhoods with fear as federal law, including the Violent Crime in Aiding and Abetting Racketeering statute, charged today, provides stiff penalties for repeat offenders, drug traffickers, and firearm violators. Our office is proud of this collaborative relationship and looks forward to many more operations – like this one – aimed at making our communities safer.”
“Today’s arrests demonstrates law enforcement’s commitment to dismantle violent drug trafficking gangs that are affecting the quality of life of our law abiding citizens in the community. The key to this fight is bringing the resources of all levels of government to empower law enforcement to target organized groups of violent criminals with enhanced punishment and criminal penalties through the utilization of federal statutes, such as, the Violent Crime in Aiding and Abetting Racketeering statute. This sends a clear message that our community will not tolerate the heinous activity perpetrated by gangs like Big Money Team, and evidences our commitment to work together to dismantle violent street gangs,” stated Hugo Barrera, Special Agent in Charge, ATF, Miami Field Division.
Chief of Police Manuel Orosa stated, “I am committed to improving the neighborhood of Little Havana and ridding it of thugs and drug dealers. This community is special to me because it is the neighborhood I grew up in.”
Mr. Ferrer commended the investigative efforts of ATF and the MPD Gang Intelligence Detail through their participation in the Miami-Dade County Multi-Agency Gang Task Force. Mr. Ferrer also thanked Miami-Dade Police Department’s Robbery Bureau and Street Gang Section, MPD’s Little Havana Problem Solving Team, MPD’s Robbery Unit, Miami-Dade Corrections and Rehabilitation Department’s Security Threat Group Unit, Miami-Dade State Attorney’s Gang Strike Force, the U.S. Marshals Service, the Homestead Police Department, the Miami-Beach Police Department and the Florida Department of Law Enforcement for their assistance in the investigation and arrests of the defendants. This case is being prosecuted by Assistant U.S. Attorneys Ignacio J. Vàzquez, Jr. and Ilham Hosseini.
An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Attachment:
BMT Second Superseding Indictment (PDF)
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.
Spokane Man Sentenced to Fifteen Years in Federal Prison for Receipt of Child Pornography ImagesRead the Press Release
Spokane –Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Timothy Joseph Carlson, age 58, of Spokane, Washington, was sentenced today after having previously pleaded guilty on August 8, 2014 to Receipt of Child Pornography. Senior United States District Judge Justin L. Quackenbush sentenced Carlson to a fifteen year term of imprisonment, to be followed by a life term of court supervision after he is released from Federal prison. In addition, Carlson will be required to register as a sex offender.
According to court records, between May 2009 through November 15, 2013, Carlson received child pornography images using the Internet. Following an investigation by the Federal Bureau of Investigation (FBI) concerning a foreign website used to distribute child pornography, law enforcement officers executed a search warrant at Carlson’s residence in Spokane on November 15, 2013. During the search of his residence, Carlson admitted to FBI Special Agents that he had knowingly received and traded images of child pornography over the internet. The FBI’s subsequent forensic examination digital media and a computer seized from Carlson’s residence revealed numerous child pornography images.
Michael C. Ormsby said, “Prosecuting offenders who are receiving child pornography is a priority of the United States Attorney’s Office in the Eastern District of Washington. This Office, together with its Federal and state law enforcement partners, is and will continue to be committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
- Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
- Participation of PSC partners in coordinated national initiatives;
- Increased federal enforcement in child pornography and enticement cases;
- Training of federal, state, and local law enforcement agents; and
- Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.CR-14-00072-JLQ
Sex Offender to Serve 40 Years in Prison Producing Child Porn of ToddlerRead the Press Release
Oklahoma City, Oklahoma – Today, ANTHONY RAY SACKETT, 35, of Norman, Oklahoma, was sentenced by United States District Judge Joe Heaton to serve 40 years in federal prison for producing child pornography, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
On January 31, 2014, Sackett engaged in sexually explicit conduct with an approximately two-year-old child and took pictures and made videos of it with his cell phone. Sackett then swapped the images with others during child pornography trading sessions using the cell phone application, Kik. At the time of his offense, Sackett was a registered sex offender due to a 2002 Cleveland County conviction for possession of child pornography. He also had a 2011 Cleveland County conviction for failure to register as a sex offender.
Today, Judge Heaton sentenced Sackett to serve 40 years in federal prison. After serving his prison term, Sackett must serve 10 years of supervised release and will be required to register as a sex offender for the remainder of his life.
This case is the result of an investigation by ICE Homeland Security Investigations and the Los Angeles County Sheriff’s Department in California. The case was prosecuted by Assistant U.S. Attorney Brandon Hale.
Rogers County Jail Inmate Sentence for Making Threat to the President of the United StatesRead the Press Release
TULSA, Okla. — United States District Judge John E. Dowdell sentenced Hunter Lee Hines, 19, of Claremore, to serve six months to run concurrent with his undischarged term of imprisonment in Rogers County for unrelated convictions, to be followed by three years of supervised release, for threatening the life of the President of the United States, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
“Regardless of who makes the threat or how the threat is communicated, whether it is a mailed letter, a phone call, or via social media, the threat against the President’s life will be taken seriously by law enforcement,” said Williams. “I commend the Rogers County Jail for quickly notifying the U.S. Secret Service about the contents of the threatening letter.”
According to court documents, Hines admitted that on December 15, 2013, he wrote and mailed a life threatening letter to the President of the United States. On February 5, 2014, a Federal grand jury charged Hines by Indictment for threatening to kill, kidnap or inflict bodily harm on the President. Hines pleaded guilty on July 7, 2014.
The case was investigated by the U.S. Secret Service and Assistant U.S. Attorney Gary L. Davis II prosecuted on behalf of the United States.
Raceland Man, Johnny Smith, Sentenced to 24 Years for Sexual Exploitation of Chldren and Possessing Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHNNY SMITH, age 43, a resident of Raceland, Louisiana, was sentenced today after previously pleading guilty to the sexual exploitation of children and possession of images depicting the sexual victimization of children under the age of twelve-years-old.
U.S. District Judge Sarah S. Vance sentenced SMITH to 292 months imprisonment, followed by a lifetime of supervised release. In addition, SMITH will have to register as a sex offender. A restitution hearing has been scheduled for December 10, 2014.
According to the court documents, after a lengthy investigation Federal Bureau of Investigation (“FBI”) special agents executed a search warrant on SMITH’S home on July 23, 2013, during which they seized several items of electronic evidence. During a review of the evidence, agents found videos SMITH recorded in which he engaged in sexually explicit conduct with a three-year-old girl. SMITH recorded the videos between about May 12, 2013, and June 23, 2013. Agents also found approximately seven videos of seventeen images depicting children under the age of twelve engaged in sexually explicit conduct that SMITH had downloaded and saved to his computer.
U.S. Attorney Polite stated, “Today’s sentence of 24 years imprisonment is most appropriate, given that Mr. Smith engaged in, and made video recordings of, sex acts with a three-year-old. Our Office will remain vigilant in bringing to justice all those who create and circulate these hideous depictions of the sexual exploitation of children.”
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.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Omaha Man Previously Convicted of Murder Earns His Third Stroke by Committing Bank Robbery in Sioux CityRead the Press Release
An Omaha man was sentenced to life imprisonment when, in a case of first impression, his conviction for unpremeditated murder in an Army court-martial was determined to qualify as a triggering offense for application of 18 U.S.C. § 3559(c)—the federal three strikes law.
Richard Allen Shaffer, age 54, from Omaha, Nebraska, received the prison term on September 5, 2014, after a February 10, 2014, guilty plea to one count of bank robbery.
Information presented by the United States at a change of plea and sentencing hearing revealed on October 12, 2012. Shaffer walked into a bank in Sioux City, Iowa, approached a teller, and handed her a note demanding money.The note read: “Be Quiet (GUN) Gimmie the money in the drawer and the replenishment drawer 100, 50, 20 10, 5, Now Be Quiet!”
The teller gave Shaffer $3,710 and Shaffer fled with the money. Police arrested Shaffer the next day on an outstanding warrant. Police then searched Shaffer’s girlfriend’s home, with her consent, where they found the clothes Shaffer had worn during the robbery and the note he handed to the teller.
Shaffer committed this robbery after he was released from federal prison for six 2004 bank robbery convictions. Because Shaffer was sentenced for all six convictions at the same time in 2004, those six convictions counted as only one predicate felony under the three strikes law. Shaffer’s criminal history also included a 1979 conviction in a United States Army General court-martial for unpremeditated murder, for which he was sentenced to 25 years confinement at hard labor and served 18 years.
Shaffer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett who found, in a case of first impression that the Army court-martial conviction was a qualifying serious violent felony, that along with the 2004 bank robberies, and the present bank robbery conviction, triggered application of three strikes law as requested by the United States. Shaffer was, therefore, sentenced to life imprisonment. A special assessment of $100 was imposed, and he was ordered to make $4,710 in restitution to Heritage Bank, Sioux City, Iowa. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Shaffer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4077
The case was investigated by the Sioux City, Iowa Police Department, The Omaha, Nebraska Police Department, United States Probation, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Ohio Man with Prior Felony Drug Conviction Discovered with Firearm in West Virginia, Sentenced to 10 Years in PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Stedmund Creech, a 25 year old Steubenville Ohio native with a prior felony drug conviction, was sentenced to ten years in prison after he was discovered in the Wheeling, West Virginia area in possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced today.
Creech was previously convicted in the Court of Common Pleas of Jefferson County Ohio of the felony offense of drug trafficking with juvenile specification, possession of crack cocaine, and felonious assault.
As part of the current sentence, Creech must also forfeit his Taurus .40 caliber firearm, pay a $100 special assessment fee, and serve three years of supervised release.
Creech pled guilty in February 2014 after an investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government.
Chief U.S. District Judge John Preston Bailey presided.
Nine Montgomery Gang Members Arrested for Drug and Gun CrimesRead the Press Release
Montgomery, Alabama - Earnest Lee “Junior” Stromer, age 31; Earl Sadiki “Cujo” Wilson, age 30; Sanquez Deontra “Quez” Bivens, age 23; and Dewayne “Kemonte” Thomas, a.k.a. D’Wayne Thomas, age 20, all from Montgomery, were arrested today for conspiring to distribute powder cocaine, crack cocaine, and marijuana, as well as for using and carrying a firearm, during and in relation to the drug conspiracy, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. Marquis Tamel Tymes, age 33; and Aaron Key “Keith” Reynolds, age 40; also all from Montgomery, were arrested today and charged in a separate indictment for conspiring to distribute powder cocaine, crack cocaine, and marijuana, in violation of federal law. Raydreco Gardner, Earnest Stromer (a different person than Earnest Lee “Junior” Stromer) and Sabrina Stinson were also arrested on State of Alabama drug charges.
In 2010, the FBI’s Safe Streets Task Force and the Montgomery Police Department began an investigation into a Montgomery neighborhood gang, called the Vineyard Gang. All of the defendants named above were members of the Vineyard Gang. The Vineyard Gang lived and operated in an area of Montgomery known as the “Vineyard”. The “Vineyard” is a high-crime neighborhood located in south Montgomery, Alabama, consisting of John Morris Avenue and Martin Patton Avenue. The two streets join to form a “U” shaped neighborhood off of Norman Bridge Road. The criminal gang members who lived and conducted their criminal activity in the “Vineyard” also refer to themselves as the “Two Street” gang, referencing the two streets that make up the “Vineyard” neighborhood. Violent crime in the “Vineyard” includes shootings, home invasions, and murder.
“Violent street gangs terrorize communities all over this country and Montgomery is not immune,” stated U.S. Attorney Beck. “We are dedicated to wiping out this violent crime and will continue to prosecute those who are involved in neighborhood street gangs to the fullest extent of the law. Our local police risk their lives each day to protect us from violent crime. We owe those heroes our eternal gratitude for their dedication and service.”
“Through the combined efforts of local, state, and federal law enforcement, this violent criminal enterprise has been disrupted,” stated Robert F. Lasky, Special Agent in Charge of the FBI Mobile division. “Violence and drugs have a devastating effect on our communities and we will continue to work with our law enforcement partners to make this state a safer place.”
“We appreciate our valuable partnerships with the FBI, the U.S. Attorney’s Office and other law enforcement agencies as we work to build safer communities and combat crime. Last year we referred to several longer-term initiatives that we had undertaken in the Montgomery area, and today’s arrests are indicative of the success we are realizing,” said Montgomery Public Safety Director J. Christopher Murphy.
The indictments are merely accusations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, each faces a maximum sentence of 40 years in prison for the drug conspiracy, and a maximum sentence of life for the weapons violation.
This case is being investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, with assistance from the Montgomery Police Department, the Montgomery County Sheriff’s Office and the Elmore County Sheriff’s Office, and is being to prosecuted by Assistant United States Attorney’s Susan Redmond and John Geer.
PRESS CONTACT: Clark Morris
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Telephone: (334) 551-1755
Fax: (334) 223-7617Nine Joplin Residents among those Indicted in Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that 11 defendants have been indicted by a federal grand jury for their roles in a conspiracy to distribute methamphetamine in the Joplin, Mo., area.
Miriam Deleon, 33, of Brownsville, Texas, her brother, Jose Luis Deleon, Jr., 35, and Jack Holguin, 45, Ashley Lynn Mobley, 30, Brian Ashton, 29, Jeremy McClean, 32, Billy Duane Henson, 60, Eric Allen Meyer, 31, Brian Stark, 40, and Juan Leonardo Simmons, 31, all of Joplin, and Israel Belmontes-Cisneros, 32, a citizen of Mexico residing in Sugarland, Texas, were charged in a 12-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Sept. 30, 2014. The superseding indictment was unsealed and made public upon the arrest and initial court appearance of Stark on Tuesday, Oct. 7, 2014.
The federal indictment alleges that all of the defendants participated in a conspiracy to distribute methamphetamine from April 1, 2013, to July 31, 2014.
According to an affidavit filed in support of the original criminal complaint, Miriam Deleon was identified as the leader of a drug-trafficking organization and as a major source of supply in the Joplin area as the result of a year-long, multi-agency investigation into an international organization based in Matamoras, Mexico, with members across the United States, including Texas, Oklahoma and Missouri.
In addition to the drug-trafficking conspiracy, Miriam Deleon and Blemontes-Cisneros are charged together in one count of aiding and abetting each other to distribute 50 grams or more of methamphetamine on July 31, 2014.
Jose Deleon, Holguin, Meyer and Ashton are also charged with one count each of being a felon in possession of a firearm. Ashton is also charged with two counts of being a felon in possession of a firearm and one count of possessing a shotgun that was not registered to him. Jose Deleon and Ashton are charged together in one count of aiding and abetting each other to possess firearms in furtherance of a drug-trafficking crime. Simmons and Meyer are also each charged with one count of possessing firearms in furtherance of a drug-trafficking crime.
The federal indictment also contains several forfeiture allegations, which would require the defendants to forfeit to the government any property derived from the proceeds of the alleged violations or any property used to commit the alleged violations, including $5,642 that was seized from Holguin by law enforcement officers and $3,658 that was seized from Meyer by law enforcement officers. Simmons would be required to forfeit an AMT .380-caliber handgun; Ashton would be required to forfeit a Mossberg 12-gauge shotgun, a Glock .40-caliber handgun and a Kirikkale 9mm handgun; and Meyer would be required to forfeit a Harrington and Richardson .32-caliber revolver and a Taurus .38-caliber revolver. Holguin and Jose Deleon would also be required to forfeit various ammunition.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Cindy Hyde. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, the Jasper County Drug Task Force, the Joplin, Mo., Police Department, the Missouri State Highway Patrol, the Kansas Bureau of Investigations, IRS-Criminal Investigations, the Bureau of Indian Affairs and the Newton County, Mo., Prosecuting Attorney.New Jersey Man Charged with Health Care Fraud Scheme and Illegally Selling SteroidsRead the Press Release
PHILADELPHIA – An indictment was unsealed today in federal court charging Eric C. Opitz, 45, of Phillipsburg, New Jersey with health care fraud, mail fraud, and the illegal distribution human growth hormones (“HGH”) and anabolic steroids, announced United States Attorney Zane David Memeger.
The indictment alleges that the defendant used Medicare Part D benefits to obtain HGH and anabolic steroids, which he then sold by advertising on the internet. HGH and anabolic steroids are frequently used by athletes and body builders for unapproved purposes such as enhancing performance and building muscle mass. These drugs can present serious health risks when not properly administered under the supervision of a licensed physician. It is alleged that the defendant typically sold human growth hormone, for approximately $450 per 5 mg kit, to any interested buyer. The defendant was not a licensed physician, nor did he have any medical training.
If convicted, the defendant faces a substantial term of imprisonment and is subject to criminal forfeiture proceedings.
The case was investigated by Immigration and Customs Enforcement - Homeland Security Investigations, the FDA Office of Criminal Investigations, and the Department of Health and Human Services - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney M. Beth Leahy.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to view the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Muskogee Man Sentenced to 60 Months for Failure to Register as Sex OffenderRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JUSTIN WAYNE RIGGS, age 26, of Muskogee, Oklahoma, was sentenced to 5 years of probation with 6 months of home detention, for Failure to Register as Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(A) and 2250(a)(3).
The charge arose from an investigation by the United States Marshal Service. The defendant was indicted in March, 2014 and pled guilty in April, 2014.
The Indictment alleged that from in or about April 2013, until on or about October 16, 2013, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having been Court-Martialed and convicted of felonies by the United States of America Department of the Army on or about May 6, 2011, for the offenses of knowing possession of images of child pornography and distribution of child pornography, knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
Assistant United States Attorney Dean Burris represented the United States.
Mississippi Woman, Kim Parish, Pleads Guilty to Defrauding Local BusinessRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KIM PARISH, age 50, a resident of Picayune, Mississippi, pled guilty today to bank fraud and wire fraud.
According to court documents, PARISH worked as an accountant for a New Orleans information technology services business. For approximately four years, PARISH defrauded the business through two schemes. The first scheme involved PARISH issuing more than 200 checks to herself and to “petty cash” by forging the signature of the business’s owner. The second scheme involved PARISH improperly crediting herself with bonus pay through the business’s payroll system. PARISH took a variety of steps to conceal the schemes and defrauded the business of approximately $540,201.
PARISH faces up to 30 years imprisonment and up to a $1,000,000 fine for her bank fraud conviction and up to 20 years imprisonment and up to a $250,000 fine for her wire fraud conviction. Sentencing is scheduled on January 21, 2015 before U.S. District Judge Sarah S. Vance.
U.S. Attorney Polite praised the work of the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, and the U.S. Marshals Service for investigating this matter. Assistant United States Attorney Chandra Menon is in charge of prosecution.
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Michigan Home Health Agency Owner Pleads Guilty in $22 Million Medicare Fraud ConspiracyRead the Press Release
A former owner and manager of two Detroit-area home health care agencies has pleaded guilty in federal court for his role in a $22 million Medicare fraud conspiracy.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office, Special Agent in Charge Lamont Pugh III of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office and Acting Special Agent in Charge Jarod Koopman of Internal Revenue Service, Criminal Investigation (IRS-CI) made the announcement.
Usman Butt, 40, of Shelby Township, Michigan, pleaded guilty before U.S. District Judge Bernard A. Friedman in the Eastern District of Michigan to conspiracy to commit health care fraud and aiding or assisting in preparing a fraudulent tax return on Aug. 27, 2014, and the case was unsealed today. Sentencing has been scheduled for Jan. 13, 2015. His plea follows that of his former business partner and co-conspirator, Muhammad Aamir, who pleaded guilty on Aug. 20, 2014.
According to plea documents, Butt admitted that beginning in 2008 and continuing through January 2013, he conspired with others to bill Medicare for home health care services that were not actually rendered, not medically necessary, and procured through paying illegal kickbacks.
Specifically, Butt admitted that the physical therapy and skilled nursing services provided by his companies, Prestige Home Health Services Inc., based in Troy, Michigan, and Royal Home Health Care Inc., of Clawson and Troy, Michigan, were not medically necessary or even rendered. Butt also admitted that he fabricated patient files to give the false appearance that the services were medically necessary and actually provided.
During the scheme, Butt submitted or caused the submission of false claims to Medicare, which in turn caused Medicare to pay approximately $12,607,262. According to court records, the conspiracy resulted in the submission of fraudulent claims that caused Medicare to pay more than $22 million. Butt also admitted that he assisted a co-conspirator in filing a false corporate tax return for Prestige, deducting illegal kickbacks as “business expenses” to save Prestige at least $321,485 in taxes due for 2009.
This case was investigated by the FBI, HHS-OIG, and IRS-CI, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. This case is being prosecuted by Trial Attorneys Niall M. O’Donnell and James P. McDonald of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.