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Thursday 21 August 2014
Baltimore Man Sentenced to Prison for Armed Commercial Burglaries and A Home Invasion RobberyRead the Press Release
Robbed Businesses and Homes in Maryland, Virginia, West Virginia and Pennsylvania
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced William Metcalf, age 39, of Baltimore, today to 30 months in prison, followed by three years of supervised release, for conspiracy to commit bank burglary. Judge Motz also entered an order requiring Metcalf to pay a money judgment of $75,000 as forfeiture.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Howard County Police Chief Gary Gardner; Chief James W. Johnson of the Baltimore County Police Department; Anne Arundel County Police Chief Kevin Davis; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Otis E. Harris, Jr., Special Agent in Charge, Coast Guard Investigative Service, Chesapeake Region; and Commissioner Anthony W. Batts of the Baltimore Police Department.
Metcalf admitted that he conspired with others to commit commercial burglaries in Maryland, Virginia, West Virginia, and Pennsylvania. The conspirators stole cash, money orders, stamps, silver bars, jewelry, cigarettes, lottery tickets, prescription drugs, food, beverages, safes, laptop computers, cell phones, electronics, vehicles and other valuable items from gas stations, convenience stores, banks, credit unions and other commercial establishments. The conspirators often stole or attempted to steal cash from ATMs.
The conspirators usually cut power lines, telephone lines, cables and other wires before entering a business. They used vise grips, sledgehammers, chopsaws, grinders and blow torches to enter the business, and then often waited – for several minutes or sometimes up to several hours – before ransacking the business of its valuable items. Metcalf agreed that he committed, or attempted to commit, commercial burglaries with one or more of his coconspirators, and that the loss to those businesses, in terms of both property damage and stolen items, exceeded $250,000. For example, Metcalf, along with at least one conspirator, participated in a commercial burglary at Steel & Wire Products Company, on West Patapsco Avenue in Baltimore. The conspirators drove a truck through the fence surrounding the lot. They then cut the telephone lines and pulled several cameras off the walls. Three safes were taken, inside of which were three handguns. The conspirators took approximately $22,256 in cash
Metcalf and at least one other conspirator robbed a residence in Greenbelt on January 31, 2012, stealing a five hundred pound floor safe which contained $1,300 cash. On June 15, 2012, Metcalf and at least one coconspirator committed a home invasion in Baltimore. One of the conspirators, holding roses and posing as a flower delivery man, knocked on the 62-year-old female victim’s front door. After the victim began opening the door, the conspirator forced his way into the residence and held a gun to her head. The conspirator then placed the victim’s hands in flex cuffs and took her to the upstairs office where her valuables were kept. The conspirator then put flex cuffs on the victim’s ankles and washed her wrists and ankles with water to remove identifiable prints. The conspirators stole jewelry, collectible coins, and approximately $15,000 in cash.
United States Attorney Rod J. Rosenstein commended the DEA, Howard County Police Department, Baltimore County Police Department; Anne Arundel County Department, ATF, Department of Health and Human Services - Office of Inspector General; Coast Guard Investigative Service and Baltimore Police Department for their work in the investigation. Mr. Rosenstein also praised the many local and state agencies in Virginia, West Virginia and Pennsylvania for their assistance in the investigation.
Mr. Rosenstein thanked Assistant United States Attorneys David I. Sharfstein and Andrea L. Smith, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
August Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 31 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Paloma Aguirre, age 28, of Lexington, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with distribution of a mixture containing methamphetamine on or about June 20, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Aguirre with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about June 4, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Amber Alvord, age 35 and Thomas Perez, age 32, both of Omaha are charged in a seven-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine beginning on or about June 1, 2013, and continuing to on or about April 17, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Counts II and III of the Indictment charge Alvord with distribution of a mixture containing methamphetamine on or about June 12, 2013 and June 25, 2013. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Counts IV and VI of the Indictment charge Alvord and Perez with possession with intent to distribute 5 grams or more of methamphetamine on or about April 2, 2014 and April 17, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 SA for each count. Counts V and VII of the Indictment allege that on or about April 2, 2014 and April 17, 2014, the defendants used or carried a firearm during and in relation to, or possessed a firearm in furtherance of, the drug trafficking offense alleged in Count I. The maximum possible penalty if convicted is imprisonment of not less than 5 years and up to Life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment for each count. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $2,500.00 in United States currency seized on April 2, 2014, and $1,520.00 in United States currency seized on April 17, 2014 should be forfeited to the United States.
* Jose Barraza, age 37, is charged with traveling in interstate commerce from beginning on or about January 2000, and continuing until on or about December 2012, to distribute the proceeds of an unlawful activity, namely a business enterprise involving distribution of methamphetamine and cocaine. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 years term of supervised release, and a $100 special assessment.
* Howard Barta, age 51, and Dennis Wood, age 58, both of Columbus, Nebraska , are charged in a twenty-four count Indictment. Count I of the Indictment charges both defendants with conspiracy to commit mail fraud and wire fraud from on or about January, 2010, and continuing through on or about March, 2011. The maximum possible penalty if convicted is 20years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II thru XVI of the Indictment charge Barta and Wood with mail fraud from on or about January, 2010 through on or about March, 2011. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Counts XVII thru XXIV of the Indictment charge the defendants with wire fraud from on or about January, 2010 through on or about March, 2011. The maximum possible penalty if convicted is 20years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. It is alleged Barta and Wood would contact people throughout the United States who had advertised items for sale on Craigslist and would agree to buy the item and send payment for it. The defendants would then send a counterfeit cashier’s check or money order to the victims that greatly exceeded the sale price of the Craigslist item. The victim would be instructed to deposit the counterfeit items into the victim’s bank account and send the extra money back to the defendants. Barta and Wood mailed out approximately 4,478 counterfeit money orders and cashier’s checks to approximately 1,896 victims and attempted to cause losses amounting to $4,633,476.
* Patrick Burden, age 31, is charged with distribution of 5 grams or more of methamphetamine on or about April 25, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Pedro Pani De La Cruz and Felipe Soto-Moncado are charged in a two-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute counterfeit social security cards from on or about December 13, 2013, and continuing until on or about July 30, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II and III of the Indictment charge Soto-Moncado with unlawful transfer of a false social security card on December 13, 2013 and January 9, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment should be forfeited to the United States.
* Dylan Donnell, age 22, of Auburn, Nebraska, is charged with five counts of bank fraud from on or about October 15, 2013 to on or about January 24, 2014. Donnell allegedly lied to the bank regarding the purpose for loans he obtained from the bank and regarding the existence of collateral for the loans. The total loss to the bank was approximately $92,452.00. The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count.
* Gualberto Flores-Saavedra, age 35, of Omaha, is charged with illegal reentry into the United States on or about August 1, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Rudy Gaoraldno, age 25, of Fremont, is charged with illegal reentry into the United States on or about July 23, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Abraham Garcia-Dominguez, age 32, of Omaha, is charged with illegal reentry into the United States on or about July 17, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Juan Jimenez-Campos, age 30, of Omaha, is charged with illegal reentry into the United States on or about July 9, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Richard Allen Knight, age 44, of Shenandoah, Iowa, is charged with failure to register as a sex offender in Nebraska from at least on or about March 28, 2014, to on or about May 26, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year to Life term of supervised release, and a $100 special assessment.
* Jacque Little, age 28, of North Platte, Nebraska, is charged with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about May, 2014, and continuing to on or about July, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Alberto Melgarejo-Cruz, age 46, of Omaha, is charged with illegal reentry into the United States on or about July 24, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Reynaldo Perez, Jr., age 34, and Jamie Perez, age 31 both of North Platte, Nebraska, are charged with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about February, 2014, and continuing to on or about July, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Gabino Quintana-Escalera, age 54, of Omaha, is charged with illegal reentry into the United States on or about August 12, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Danny Reed, age 59, of McCook, Nebraska, and Tammy Knight, age 38, are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about July 11, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Jose Angel Reyes, age 36, of Lincoln, Nebraska, and Chelsey Skeahan, age 30, of Ceresco, Nebraska are charged in a two-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine beginning on or about May, 2013, and continuing to on or about April 15, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Reyes and Skeahan with possession with intent to distribute a mixture containing marijuana on or about January 30, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $2,080.00 in United States currency seized on January 30, 2014, and $1,999.00 in United States currency seized on April 15, 2014, should be forfeited to the United States.
* Ross Rivera, age 30, and Sheena Strand, age 27, of North Platte, Nebraska are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about July 11, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Joel Ruiz-Rebollar, age 30, of Omaha, is charged with illegal reentry into the United States on or about July 22, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Domingo Tercero-Raymundo, also known as Joel Perez, also known as Mario Chavez, also known as Noe Pena Santos, age 36, is charged with illegal reentry into the United States on or about June 30, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Nicolas Urbieta, age 30, is charged in a four-count Indictment. Counts I thru III charge the defendant with distribution of methamphetamine on or about May 3, 2014, May 7, 2014 and May 9, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges Urbieta with distribution of 5 grams or more of methamphetamine on or about May 15, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Juan Velasquez-Salgado, age 32, of Omaha, is charged with illegal reentry into the United States on or about August 1, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Hendri Vicente Puac, age 33, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about May 12, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Kristine Warren, age 23, of LaVista, Nebraska, is charged with conspiracy to distribute and possess with intent to distribute hydrocodone beginning on or about January, 2014, and continuing to on or about May 28, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $500,000 fine, a 2 year term of supervised release, and a $100 special assessment.
* Brenda Warta, age 55, of Grand Island, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with bank fraud resulting in a loss to Platte Valley State Bank and Trust Company of $431,952.00 from on or about September 13, 2005 through on or about September 16, 2006. The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Counts II and III of the Indictment charge Warta with false statements on loan and credit applications regarding the existence of collateral for the loans. The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count.Ardmore Man Sentenced to 36 Months Probation for Delay or Destruction of MailRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JUSTIN SLATE THRONEBERRY, age 32, of Ardmore, Oklahoma, was sentenced to 3 years of probation for Delay Or Destruction Of Mail By a Postal Employee, in violation of Title 18, United States Code, Section 1703.
The charge arose from an investigation by the United States Postal Inspection Service, Office of Inspector General. The defendant was indicted in March 2014 and pled guilty in May 2014.
The Indictment alleged that on or about December 19, 2013 in the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully secrete, destroy, detain and open a package entrusted to him and which came into his possession to be conveyed by mail while performing his assigned duties as an employee of the United States Postal Service.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
Assistant United States Attorney Chris Wilson represented the United States.
Allentown Man Pleads Guilty to Tax Refund SchemeRead the Press Release
PHILADELPHIA - Andy O. Rodriguez, 26, of Allentown, PA, pleaded guilty today to defrauding the IRS of $2,904,783.64 in fraudulent tax refunds. Rodriguez pleaded guilty to all 23 counts of making false claims against the United States. U.S. District Court Judge Lawrence F. Stengel scheduled a sentencing hearing for November 24, 2014. Rodriguez admitted today that between August 17, 2010 and January 31, 2012, he knowingly filed false tax returns with the IRS claiming refunds in the names of other individuals. The returns included W-2 forms falsely claiming that taxes were withheld by various employers. The IRS identified more than 600 false returns that were associated with this scheme. These returns, which were filed electronically, claimed refunds totaling $2,904,783.64.
Rodriguez faces a maximum possible sentence of 115 years in prison, restitution to the IRS of up to $2,904,783.64, up to three years of supervised release, a fine of up to $5.75 million, and a $2,300 special assessment.
The case was investigated by the Internal Revenue Service Criminal Investigations and is being prosecuted by Assistant United States David J. Ignall.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Albuquerque Man Sentenced to Eighteen Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raul Ortega, 21, of Albuquerque, N.M., was sentenced this afternoon to 18 years in federal prison for his conviction on carjacking and firearms charges. Ortega will be on supervised release for three years after completing his prison sentence. Ortega also was ordered, jointly with his co-defendant, to pay $2335.24 in restitution to the victims of his criminal conduct.
Ortega and his co-defendant, Joel Meeks, 21, also of Albuquerque, were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.
According to court filings, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012. Meeks also robbed a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharged his firearm while committing the crime. Meeks and Ortega jointly committed two carjackings on Jan. 13, 2013 and Jan. 17, 2013, and brandished firearms while committing those crimes.
On Feb. 19, 2014, Ortega entered guilty pleas to Counts 5 and 7 of the indictment, which charged him with the Jan 13, 2013 and Jan. 27, 2013 carjackings. He also pled guilty to Count 6, which charged him with using a firearm during the Jan 13, 2013 carjacking.
On April 1, 2014, Meeks entered guilty pleas to Counts 3 and 4 of the indictment, which charged him with robbing the PDQ store on Dec. 7, 2012, and with discharging a firearm while robbing the store. He also pled guilty to Counts 5 and 7, which charged him with the Jan. 13, 2013 carjacking and Jan. 17, 2013 carjacking, respectively. Meeks remains in custody pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, he faces a prison sentence within the range of 20 to 25 years.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
25 Pounds of Methamphetamine Discovered in Vehicle’s Hidden CompartmentRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Mario Farias Pineda, 22, of Calistoga, charging him with possession of methamphetamine with intent to distribute it, United States Attorney Benjamin B. Wagner announced.
According to court documents, Pineda was driving northbound on California State Highway 99 when he was pulled over by Fresno County Sheriff’s deputies for talking on his cellphone. The deputies obtained permission to search his vehicle and found approximately 25 pounds of methamphetamine in a hidden compartment behind the rear passenger seat.
This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Fresno County Sheriff’s Office. Assistant United States Attorney Michael Frye is prosecuting the case.
If convicted, Pineda faces a statutory penalty of at least 10 years and up to life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
16 Individuals Indicted for Drug TraffickingRead the Press Release
SAN JUAN, Puerto Rico – On August 19, 2014, a federal grand jury in the District of Puerto Rico returned an indictment against 16 defendants charged with conspiracy to possess with intent to distribute controlled substances, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The Drug Enforcement Administration (DEA) is in charge of the investigation, with the collaboration of the United States Postal Inspection Service (USPIS) and the Federal Bureau of Investigation (FBI).
The indictment charges 16 individuals with conspiracy to knowingly and intentionally distribute, and cause the distribution of, in excess of 50 grams of methamphetamine, its salts, isomers, and salts of its isomers, and quantities of Gamma-butyrolactone (GBL) knowing that it was for human consumption, all for significant financial gain and profit. The defendants are: Javier Trujillo-Plumey, aka “Mother”; Ramón Antonio Torres-Gonzàlez, aka “Gabriel”; Armando Duran; José Aníbal Rivera-Fuentes, aka “Luis,” “La Negra”; Nicholson Silva-Hernàndez, aka “Nico”; Fernando Dàvila-Guadalupe, aka “Fernan”; Juan Medina-Mojica; Antonio Camacho-Espaillat; Elvyn García, aka “Vinny”; Pablo Ramos-Pabón, aka “PJ”; Waldemar Gonzàlez-Medina, aka “Wally”; Esteban Ortiz; Hommy Rosado-Rodríguez; Eduard Gonzàlez-Pérez, aka “Bacteria”; Joeing Navarro, aka “Joe,” “Hunterman”; and Peter Molina.
The indictment alleges that beginning in September 2013, the organization distributed wholesale and retail amounts of methamphetamine –also known by its street names of ICE, crystal ICE and meth– and GBL throughout Puerto Rico. The meth was supplied by defendants and co-conspirators residing in the State of California, and the GBL was supplied out of China.It was further part of the manner and means of the conspiracy that the controlled substances would be sent to defendants using commercial carriers such as United States Postal Service, UPS or FedEx. According to the indictment, the defendants used communication facilities, such as cellphones, to commit and facilitate the sales of meth and GBL.
“This is the first time that our District prosecutes a drug trafficking organization for distributing methamphetamines and GBL,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “This investigation and prosecution are significant because we have disrupted the supply of this dangerous drug, which is new in Puerto Rico, before its demand increases to levels seen in the US mainland.”
“Operation Ice Island is an investigation that began in September 2013, with the seizure of 14.4 grams of Crystal Methamphetamine (ICE) where members of the Javier Trujillo-Plumey Drug Trafficking Organization used as Modus Operandi the distribution of Crystal Meth imported from California to Puerto Rico. The DEA will continue to work with state and federal authorities to combat drug trafficking and new forms and methods used by drug traffickers to circumvent our monitoring,” said Vito Salvatore Guarino, Special Agent in Charge of the DEA Caribbean Division.
Eliezer Juliàn, Postal Inspector/Team Leader from the US Postal Inspection Service stated: “The US Postal Inspection Service has altered its strategy regarding the investigation, arrest, and prosecution of those who would use the U.S. Mails to transport illegal drugs and firearms. Our approach seeks to identify, disrupt, and dismantle drug trafficking organizations (DTO’s). In addition, we have strengthened our relationship with our federal and state law enforcement partners. This level of inter-agency cooperation has had an impact on DTO’s operating in Puerto Rico.”
Assistant U.S. Attorney Myriam Fernàndez is in charge of the prosecution of the case. If convicted the defendants face a minimum sentence of 10 years up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Wednesday 20 August 2014
“Cookie Stuffing" Internet Fraud Schemer Pleads GuiltyRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jody Michael Smith, a resident of Oregon, entered a guilty plea today before United States District Court Judge Kristi DuBose to a one-count Information charging conspiracy to commit wire fraud.
Smithadmitted that he andothers operated a fraud scheme, commonly known as “cookie stuffing,” using affiliate marketing programs. They created “forced clicks” by unsuspecting web shoppers, which allowed Smith and members of the conspiracy to receive commissions for sales they did not generate, thus defrauding legitimate advertisers and the company paying for the advertising. 1. This was done primarily through Linkshare Corporation and Google, to victimize Fareportal, Inc.
Smith faces a maximum statutory penalty of 20 years in prison and a $250,000 fine.
The matter was investigated by the Mobile Field Office of the U.S. Secret Service and was prosecuted by AUSA Deborah Griffin.
1. Affiliate marketing is internet performance-based marketing which, by using an individual’s websites or advertisements, directs traffic to another website in the “network” and receives credit for either pay per click (PPC) or pay per action (PPA) if the user travels to the website.
Wisconsin Man Pleads Guilty to Transportation for ProstitutionRead the Press Release
United States Attorney Brendan V. Johnson announced that Thomas Alexander Roberts, age 34, of Milwaukee, Wisconsin, appeared before U.S. District Judge Karen E. Schreier on August 14, 2014, and pled guilty to one count of an Indictment that charged him with Transportation for Prostitution.
The maximum penalty upon conviction is 10 years in prison, a $250,000 fine, and restitution.
In November 2013, Roberts traveled from Milwaukee to Sioux Falls and brought two women with him to engage in prostitution. Police discovered Roberts’ involvement after he placed advertisements on the Internet for prostitution.
The investigation was conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for November 3, 2014. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Wisconsin Man Arrested for Federal Drug and Money Trafficking ViolationsRead the Press Release
Department of Justice
Office of Public AffairsLUFKIN, Texas – A 40-year-old man from Milwaukee, Wisconsin has been arrested for federal drug and money trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Henry Korvett Bams, of Milwaukee, Wisconsin, was arrested Tuesday, pursuant to a criminal complaint issued by the U.S. District Court charginghim with conspiracy to possess with the intent to distribute over five kilograms of cocaine and engaging in interstate and foreign travel or transportation in aid of a Racketeering Enterprise. On Sunday, July 6, 2014, Bams was stopped for a traffic violation by the Texas Department of Public Safety while traveling southbound on US Highway 259 in Nacogdoches County, Texas. The officer eventually conducted a search of the vehicle and seized approximately $253,341 in cash and a small quantity of marijuana. Following an arrest on state charges, Bams was released when the charges were dismissed. In addition, the Nacogdoches County District Attorney’s office returned all but $100,000 of the seized currency to Bams. On Tuesday, July 22, 2014, Bams was stopped for a traffic violation by Arkansas State Police in Hot Springs County, Arkansas, on Interstate Highway 30. The officer received consent to search the vehicle and discovered approximately ten kilograms of suspected cocaine located inside a hidden compartment within the vehicle. Two bank deposit slips were also discovered within the vehicle. On Aug. 1, 2014, agents with the Internal Revenue Service and the Drug Enforcement Administration executed a seizure warrant on the bank account referenced in the deposit slips and seized approximately $135,015.14 in suspected drug proceeds.If convicted, Bams faces a minimum of 10 years to life in federal prison for the drug distribution violation and up to five years for the interstate transportation in aid of racketeering violation.
This case is being investigated by the Internal Revenue Service-Criminal Investigation, the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Texas Department of Public Safety, the Arkansas State Police, Milwaukee High Intensity Drug Trafficking Area Task Force and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Baylor Wortham.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Washington Metropolitan Area Transit Authority Pays United States More Than $4.2 Million to Resolve False Claims Act AllegationsWhistleblower’s Lawsuit Alleged Transit Agency Violated Federal Contracting RulesRead the Press Release
WASHINGTON - The Washington Metropolitan Area Transit Authority (WMATA) has paid $4,240,341 to resolve allegations that it filed false claims in connection with using federal funds to impermissibly award a contract for a financial management information technology project without using competitive procurement procedures.
The settlement, in a lawsuit filed in the U.S. District Court for the District of Columbia, was announced today by U.S. Attorney Ronald C. Machen Jr. and Kathryn Jones, Regional Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General.
The conduct at issue involves a contract that WMATA awarded on or around July 10, 2010, to Metaformers, Inc., a Virginia-based business, to integrate the Authority’s financial and business systems. The total cost of this integration project was approximately $14 million. WMATA funded the project with approximately $9 million in grant funds from the Federal Transit Administration (FTA).
As a condition of receiving grant funds, WMATA certified that it would comply with statutes, regulations, and FTA rules mandating full and open competition when procuring goods and services using FTA grant funds. Also, as a condition of receiving the funds, WMATA certified that it would not award contracts in a manner that created a conflict of interest – for example, giving an unfair advantage to one bidder or contractor over others. WMATA allegedly violated both the competition requirement and avoidance of “conflict of interest” rule in awarding the financial management information technology contract.
“The American people have a right to know that their government is following rules and regulations in spending the taxpayers’ money,” said U.S. Attorney Machen. “Our office has targeted government contractors who fail to meet their obligations, and this settlement shows that we expect agencies that receive federal funding to honor the integrity of the contracting process as well.”
“This investigation and settlement agreement demonstrates our commitment to ensuring the integrity of the acquisition process and protecting taxpayer dollars from waste, fraud and abuse, which is a top priority for both the Office of Inspector General and the Department of Transportation,” said Special Agent-In-Charge Jones. “Working with the Department, as well as our law enforcement and prosecutorial partners, we will continue our efforts to prevent, detect, and prosecute the improper use of federal grant funds.”
In or around August 2009, WMATA awarded Metaformers, using full and open competition procedures, a relatively modest contract valued at approximately $256,000 to assess WMATA’s financial system. Less than one year later, in July 2010, WMATA awarded Metaformers the $14 million contract to integrate the Authority’s financial and business systems. WMATA awarded the contract non-competitively and allegedly without legitimate justification for doing so, foreclosing an opportunity for other contractors and companies to submit proposals for the lucrative project. WMATA’s conduct was allegedly in violation of its certification – and commitment - to administer the FTA grant funds using full and open competition.
In awarding the $14 million integration contract, WMATA also allegedly violated “conflict of interest rules” governing use of FTA grant funds. WMATA’s noncompetitive award to Metaformers was based, in part, on the work completed by Metaformers under the assessment contract. By competitively awarding the smaller assessment contract and then non-competitively awarding the far more lucrative integration project both to the same contractor, WMATA violated federal procurement conflict of interest rules by giving one contractor an advantage over others who might have been interested in competing for the integration project.
Because of WMATA’s conduct, contractors who might have been interested in submitting proposals or bids for the integration project never had the opportunity to do so. Thus, WMATA’s conduct was allegedly in violation of its certification and commitment to administer the FTA grant funds avoiding conflicts of interest in procurements.
The settlement resolves a qui tam, or whistleblower, lawsuit filed on behalf of the government by former WMATA employee Shahiq Khwaja, under the qui tam, or whistleblower provisions, of the False Claims Act. The False Claims Act is one of the government’s most powerful tools in the effort to combat fraud on federal programs. The Act allows private citizens to bring lawsuits on behalf of the United States and share in any recovery obtained by the government. Mr. Khwaja will receive approximately $996,480 as his share of the recovery.
Mr. Khwaja’s qui tam lawsuit also includes allegations on behalf of Virginia and the District of Columbia. The settlement with the federal government does not resolve the state and local allegations.
In February 2012, Mr. Khwaja also filed a separate complaint with the U.S. Department of Transportation against WMATA for violating the American Recovery and Reinvestment Act’s (ARRA) provisions protecting whistleblowers. Mr. Khwaja alleged that WMATA terminated him from his position as an information technology functional manager because he expressed concerns about the manner in which WMATA was financially and technically administering the integration project which was funded, in part, with ARRA funds. In or around August 2012, the U.S. Department of Transportation’s Office of Inspector General, based on its separate investigation of Mr. Khwaja’s ARRA-related claims, found that the weight of evidence indicated that Mr. Khwaja’s disclosures were a contributing factor in his termination and that WMATA failed to show by clear and convincing evidence that it would have terminated Mr. Khwaja notwithstanding his disclosures. As reflected in the settlement agreement, WMATA negotiated with Mr. Khwaja’s counsel to resolve Mr. Khwaja’s wrongful termination claim for $390,000.
In announcing the settlement, U.S. Attorney Machen commended the work of those who investigated the case from the Department of Transportation’s Office of Inspector General and the Federal Transit Administration. He also acknowledged the efforts of those who worked on the matter from the Commercial Litigation Branch of the Justice Department’s Civil Division, including Trial Attorneys Jennifer Koh and Elizabeth Young. Finally, he expressed appreciation for the work of those who handled the case from the U.S. Attorney’s Office, including Investigator Karen D. Caudill, Paralegal Specialist Cindy Parker, and Assistant U.S. Attorney Beverly M. Russell, who worked on the investigation and settlement of the matter.
The claims settled by the agreement are allegations only, and there has been no determination of liability. Additionally, the settlement agreement is not based on any allegation that the contractor, Metaformers, engaged in any wrongdoing.
The case is captioned United States, Virginia and the District of Columbia, ex rel. Shahiq Khwaja v. Washington Metropolitan Area Transit Authority, et al., Case No. 1:12-cv-00268-RJL (D.D.C.).
14-181Two Plead Guilty in Connection with Counterfeit and Money Laundering ConspiraciesRead the Press Release
Gulfport, Miss. – Brittany Ann Jackson, 26, of Biloxi, and Dontrelle Deshaun Sanford, 24, of Hattiesburg, pled guilty on Tuesday, August 19, 2014, to charges in an indictment filed against them earlier this year, announced U.S. Attorney Gregory K. Davis, Secret Service Resident Agent in Charge Mark McKee, and IRS Criminal Investigation Special Agent in Charge Gabriel L. Grchan.
Jackson pled guilty to one count of conspiracy (count 1) to pass counterfeit U.S. currency and Sanford pled guilty to one count of conspiracy to commit money laundering (count 13). The indictment alleged that as part of the conspiracies the defendants would purchase items, such as Dyson vacuum cleaners, with counterfeit money at Lowe’s stores in Mississippi, Alabama and Florida. The defendants would then return the items to the stores and receive genuine money for the refunds.
Their sentencings are scheduled for November 20, 2014, before United States District Judge Sul Ozerden. Jackson faces a maximum penalty of 5 years imprisonment and a $250,000 fine. Sanford faces a maximum penalty of 20 years imprisonment and a $500,000 fine.
IRS-Criminal Investigation Special Agent in Charge, Gabriel L. Grchan, stated: “Simply put, counterfeiting currency is a violation of the law; it also causes damage to the local economy and hurts the pocket books of all taxpayers by increasing the cost of goods and services. IRS – CI will continue to seek the prosecution of individuals, such as Brittany Jackson and Dontrelle Sanford, who engage in money laundering through counterfeiting and related financial transactions for illegal purposes.”
This case was investigated by the United States Secret Service and IRS-Criminal Investigation. It was prosecuted by Assistant U.S. Attorney Ruth Morgan.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
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Help us combat the proliferation of sexual exploitation crimes against children.
Two Men Indicted for Defrauding 60 People Out of $6.5 Million Through Real Estate InvestmentRead the Press Release
Two men were indicted on charges they defrauded approximately 60 people out of more than $6.5 million through a fraudulent Arizona real-estate development investment, law enforcement officials said.
Stanley M. Paulic, 41, of Aurora, Ohio, and Steven R. Long, 45 of Mather, California, each face one count of conspiracy to commit mail fraud and wire fraud and one count of wire fraud.
“These individuals ripped off dozens of people, stealing life savings and creating real financial hardships,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
“These two individuals stole the hard earned money of others for their own greedy benefit,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office. “The FBI and our partners will continue efforts to root out such deceitful perpetrators.”
Paulic and Long co-founded Integrity Financial AZ, LLC, or IFAZ, which had regional offices near Cleveland, Chicago and Sacramento, California. Beginning around 2008, Paulic served as chief executive officer of the company while Long served as president.
Together, the two conspired to unlawfully enrich themselves through false pretenses, representations and other means to individuals seeking to invest money in a legitimate enterprise and instead converting that money to Paulic and Long’s personal use, according to the indictment.
IFAZ solicited investor funds for the purported development of residential real estate in Tonapah, Arizona. At no time during the periods mentioned in the indictment did Long, Paulic or IFAZ register with the U.S. Securities and Exchange Commission.
Paulic and Long represented to prospective investors and IFAZ owned land and built homes in Arizona. They represented to investors that they rented these homes to individuals who were unable to qualify for standard residential mortgages and then, once those renters improved their credit scores, IFAZ sold the homes to them at substantial profit, according to the indictment.
They made these representations in a variety of ways: through the IFAZ web site, holding seminars, including one in Beachwood, Ohio, in April 2009, mailing pamphlets to individuals, including a Richmond Heights resident in 2008, and buying advertisements, such as one purchased in a newspaper in Cleveland in 2009, according to the indictment.
Paulic, Long and IFAZ promised investors they would earn rates of return between 10 and 20 percent, with returns being distributed monthly. Investors were also told their investment would be secured by a deed of trust for a property in Arizona, and that not more than one deed would be associated with each parcel, according to the indictment.
In reality, Long recorded multiple deeds on single parcels and monthly payments made to investors came, at least in part, from other investor funds, according to the indictment.
Paulic and Long used IFAZ investment funds to pay for personal expenditures and expenditures of non-IFAZ corporate entities. For example, from March 2008 to August 2009, Paulic received approximately $586,225 in wire transfers from IFAZ, according to the indictment.
Overall, approximately 60 people invested approximately $8.1 million in IFAZ. Approximately $1.6 million was returned to investors, resulting in a loss to investors of approximately $6.5 million, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the Federal Bureau of Investigation and U.S. Postal Inspection Service.
If convicted, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tiverton Resident Sentenced to 5 Years in Federal Prison on Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – Ian D. Andrade, 37, of Tiverton, was sentenced today to 60 months in federal prison for trafficking cocaine and possessing a firearm in furtherance of his drug trafficking activities, announced United States Attorney Peter F. Neronha and Newport Police Chief Gary T. Silva.
At sentencing, U.S. District Court Judge John J. McConnell, Jr. also ordered Andrade to serve 3 years supervised release upon completion of his prison term. Andrade pleaded guilty on May 21, 2014, to one count each of possession with the intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime.
Andrade was arrested by Newport Police on November 8, 2013, after an investigation by members of the Newport Police Department’s Vice Unit led to the seizure of 366 grams of cocaine and a loaded handgun from a hide inside Andrade’s vehicle.
According to court documents and information presented to the court, in the fall of 2013, members of the Newport Police Department Vice Unit developed information into Andrade’s drug trafficking activities. Detectives determined that Andrade was using a vehicle with a hidden compartment inside to facilitate the trafficking of cocaine.
According to court documents and information presented to the court, on November 8, 2013, members of the Newport Police Department observed as Andrade and a juvenile female entered the vehicle outside a Newport residence and then drove away. A uniformed Newport Police officer stopped the vehicle a short distance away and advised Andrade of a court authorized search warrant for the vehicle. The vehicle was towed to the Newport Police Department and searched, during which time detectives seized from a secret compartment behind the front passenger seat a loaded .22 caliber handgun and a plastic container containing 366 grams of cocaine in 39 packages in quantities consistent with distribution. Andrade also turned over $4,435 in cash from his person.
At the time of his arrest and at the time of his guilty plea before the court, Andrade admitted to possessing the cocaine and the firearm seized from the vehicle, and that he used the firearm to protect his drugs. Andrade admitted that the $4,435 in cash seized was proceeds from his drug trafficking activities.
The case was prosecuted by Assistant U.S. Attorney Pamela E. Chin.
The Rhode Island DEA Drug Task Force assisted Newport Police in this matter.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Three St. Croix Men Sentenced to 10 Years in Prison for Federal Firearms Offense and Robbery Third DegreeRead the Press Release
St. Croix, USVI – On Monday August 18, 2014, Chief District Court Judge Wilma A. Lewis sentenced defendants Francisco “Cisco” Hassell III, 29, Edwin Hendrickson, Jr., 28, and Rusiel “Romeo” Encarnacion, 33, to ten years in prison for their roles in two armed robberies. Each defendant received a three year prison sentence for robbery third degree. In addition, Judge Lewis imposed a consecutive 84- month prison term on each defendant for using and brandishing a firearm during and in relation to a crime of violence. Under federal law, any sentence for using a firearm during a crime of violence must be run consecutively to any term of imprisonment imposed for the crime of violence during which the gun was used.
Court records show that Hassell III, Hendrickson, Jr. and Encarnacion were arrested on January 13, 2013 by the VIPD after they robbed patrons at gunpoint at the Cool Out Bar in Peter’s Rest. Shortly after the robbery at the Cool Out Bar, Hassell III, Hendrickson, Jr. and Encarnacion saw two individuals walking on Hospital Street in the vicinity of the Virgin Islands Police Department Marine Unit and robbed them at gunpoint as well. The defendants were subsequently indicted by a federal grand jury and pled guilty on February 14, 2014. They have been detained since their arrest and were remanded to the custody of the U.S. Marshals Service at the conclusion of Monday’s sentencing.
"As these sentences show, those who use guns to engage in violent acts against the citizens of the Virgin Islands will be vigorously prosecuted and subject to stiff punishment, " U.S. Attorney Sharpe said.
The case was investigated by the Federal Bureau of Investigation and the Virgin Islands Police Department. The case was prosecuted by Assistant U.S. Attorneys Rhonda Williams-Henry and Alphonso Andrews.
Three Monroe Grocery Store Workers Plead Guilty to SNAP/WIC Benefits Fraud ConspiracyRead the Press Release
MONROE, La. –Three Monroe grocery store workers pleaded guilty this week for their roles in a scheme to exchange SNAP and WIC benefits to customers for cash and ineligible items, U.S.Attorney Stephanie A. Finley announced today.
Angela Woods, 27, of Monroe, pleaded guilty today to one count of criminal conspiracy before U.S. Magistrate Judge Karen L. Hayes. The plea will become final when accepted by U.S. District Court Judge Robert G. James. Willie Mae Woods-Jackson, 42, of Dallas, pleaded guilty to criminal conspiracy Monday, and Kimberlia Harris, 45, of Monroe, pleaded guilty to criminal conspiracy Tuesday. In a related matter, Juanita Woods, 36, of Monroe, pleaded guilty on July 24, 2014 to one count of theft of government property. According to evidence presented at the guilty pleas, the defendants conspired to provide customers cash and ineligible items for their Supplemental Nutrition Assistance Program (SNAP) benefits and Women Infant and Children (WIC) program benefits from August 2008 to early 2014 at Dee’s Grocery Store in Monroe where Harris was the owner, Angela Woods was a manager and cashier, Woods-Jackson was a cashier, and Juanita Woods was a cashier. During the time the scheme took place, they acquired approximately $7 million.
Harris, Angela Woods and Woods-Jackson face up to five years in prison for the conspiracy count. Juanita Woods faces up to 10 years in prison for theft of government money count. They all face up to three years of supervised release and a $250,000 fine. A sentencing date of December 8, 2014 was set for Harris, Angela Woods and Jackson-Woods. Sentencing date for Juanita Woods is November 4, 2014.
The U.S. Department of Agriculture, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Earl M. Campbell is prosecuting the case.
Three 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 today that separate criminal charges were filed this week against three illegal aliens.
Baltazar Lua-Garcia, also known as Ruben Garcia-Rodriguez, age 52, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg.
The indictment alleges that Lua-Garcia, an alien who was convicted before the Superior Court for King County, Washington on April 1, 1994, of Delivery of Cocaine, and had been previously arrested and deported from the United States on October 10, 2003, did knowingly and unlawfully reenter the United States. He was apprehended by federal immigration agents in York County, Pennsylvania.
If convicted, Lua-Garcia faces a maximum sentence of up to 20 years of imprisonment and a $250,000 fine.
Oscar Perez-Chavez, age 46, a native and citizen of Guatemala, in the United States illegally was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Perez-Chavez, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Oscar-Perez faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
Agustin Hernandez-Rojas, age 40, a native and citizen of Mexico, in the United States illegally, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Hernandez-Rojas, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Hernandez-Rojas 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 is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
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.
Texas Man Sentenced to Four Years on Drug and Immigration ChargesRead the Press Release
Contact: Joel B. Casey
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Moises
Soto, 53, formerly of Corpus Christi, Texas, was sentenced yesterday to 4 years in prison for
conspiracy to manufacture more than 1,000 marijuana plants and harboring an illegal alien. Soto
pled guilty to the charges on July 30, 2013.Soto’s conviction stems from his involvement in large, sophisticated marijuana growing
operations in Penobscot and Washington counties that operated between 2006 and 2009. In late
2007, just weeks after becoming a naturalized U.S. Citizen, Soto was asked by coconspirator
Malcolm French to obtain illegal alien migrant workers to process marijuana that had been
harvested from Township 37 in Washington County. The defendant agreed to do so and located
three migrant workers in Florida. The workers were told they would be planting Christmas
trees. After they were brought to Maine, Soto told them that they would be processing
marijuana. The migrant workers did not speak English. Soto periodically checked in on their
work and translated instructions to them from other members of the conspiracy. In 2008 and
2009, the defendant obtained additional illegal alien migrant workers to grow and process
marijuana, checked in on their work and translated for them.On September 22, 2009, law enforcement agents discovered the marijuana grow in
Township 37 with several of the migrant workers tending the plants. The workers and two
American coconspirators -- Rodney Russell and Scott MacPherson -- fled into the woods to
avoid arrest. Investigators seized 2,943 marijuana plants. The workers were brought by Robert
Berg and Scott MacPherson to Berg’s residence in Corinna, Maine. Thereafter, Soto arranged
for an alien smuggler, or “coyote,” to pick up the workers and drive them out of state. Soto then
fled to Mexico where he remained until turning himself in to authorities in Texas in
2013. Agents located three of the workers three years later and they cooperated with the
investigation.In January 2014, Malcolm French, Rodney Russell, Kendall Chase, and Haynes
Timberland, Inc., were convicted of related charges following a jury trial and await
sentencing. Robert Berg, pleaded guilty to being an accessory after the fact to the operation of
the marijuana grow in January 2014.The investigation was conducted by the Maine Drug Enforcement Agency with
assistance from the Internal Revenue Service - Criminal Investigation Division and U.S.
Immigration and Customs Enforcement’s Homeland Security Investigations.Statement on the Manhattan U.S. Attorney’s Office Review of the Shooting of 18-Year-Old Ramarley GrahamRead the Press Release
“Last fall, this Office began an independent review of the evidence regarding the death of Ramarley Graham after the local authorities completed their investigation and ultimately were not able to bring any charges arising out of the shooting. Today we received a letter from the mother of Ramarley Graham and other materials, which we are reviewing. This Office is acutely aware of how painful it is to lose a child in an encounter with law enforcement under any circumstances. In addition to reviewing evidence obtained from local authorities, this Office has been conducting its own independent investigation of this tragic incident. There are many reasons that a federal civil rights investigation should be conducted confidentially, including grand jury secrecy rules, as well as prudential and other reasons, including fairness to all the parties involved. Above all, a proper investigation must be thorough, fair and independent so that in the end justice is done, and we are absolutely committed to that. Finally, it should be understood that this Office has repeatedly been in communication with the attorneys for the mother of Mr. Graham and we will continue to do so,” said James Margolin, a spokesman for the U.S. Attorney's Office for the Southern District of New York.
South Dakota Man Sentenced for Clean Air Act ViolationRead the Press Release
COEUR D'ALENE - John Wilhelm Myre, 55, of South Dakota, was sentenced yesterday to three years of supervised release and 90 hours of community service for negligent endangerment under the federal Clean Air Act, U.S. Attorney Wendy J. Olson announced. U.S. Magistrate Judge Candy W. Dale also ordered Myre to pay a $3,000 fine. Myre pleaded guilty to the charge on March 18, 2014.
According to the plea agreement, Myre admitted that in January 2013, when he was a supervisor for the Dakota Southern Railroad, the laborers working under him used acetylene cutting torches to cut apart steel beams from an old railroad trestle. The steel beams had been painted with lead-based paint, and when they were cut with the torches the lead vaporized and was released into the air. One of the workers became ill and had to be hospitalized with acute lead poisoning, and the other workers all had high levels of lead in their bloodstreams.
Judge Dale ordered Myre to attend and complete within six months an OSHA class on safety standards involving lead paint. In addition, the defendant is prohibited from using firearms during the term of his supervised release.
"This is an astonishing case of admitted negligence with tragic consequences," said Tyler Amon, Special Agent-in-Charge of the United States Environmental Protection Agency’s (EPA's) Criminal Investigation Division in Seattle. "Despite learning that one worker had to be hospitalized by the process, Mr. Myre’s workers continued their toxic task of cutting steel and breathing lead fumes. The result: five diagnosed cases of lead poisoning that were completely avoidable. We will investigate and prosecute criminal negligence that causes harm to the fullest extent of the Law."
The case was investigated by U.S. EPA Criminal Investigation Division.
South Dakota Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.
Sylvan Godfrey, age 51, was sentenced to 360 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Godfrey was indicted by a federal grand jury on July 17, 2013. He was found guilty of the above charge as a result of a federal jury trial in Pierre, South Dakota, on May 28, 2014.
At some point between May 2006 and November 2007, Godfrey sexually abused a girl who was under 12 years of age.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Godfrey was immediately turned over to the custody of the U.S. Marshals Service.
Shrewsbury Man Sentenced for Social Security FraudRead the Press Release
BOSTON - A Shrewsbury man was sentenced in U.S. District Court in Worcester today for taking $57,948 in Social Security payments to which he was not entitled.
George Bergstrom, 60, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year of probation and was ordered to pay $57,948 in restitution to the Social Security Administration, all of which he paid today. In May 2014, Bergstrom pleaded guilty to theft of public money.
In 2009, Bergstrom’s mother died, but her Social Security payments continued to be directly deposited into a joint bank account she held with Bergstrom. From 2009 to 2013, Bergstrom continued to receive and spend his deceased mother’s benefits of more than $1,100 per month. The payments should have ceased upon the death of Bergstrom’s mother and he was not entitled to receive this money.
United States Attorney Carmen M. Ortiz and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations – Boston Field Division, made the announcement today. The case was prosecuted by Timothy Landry of Ortiz’s Major Crimes Unit.
Selby Man Charged with Sexual Exploitation of A Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Selby, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
Christopher R. Jansen, age 34, was indicted on August 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2014, and pled not guilty to the Indictment.
For Sexual Exploitation of a Child, Count 1, the maximum penalty upon conviction is up to 30 years in custody, with a mandatory minimum of 15 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. For Distribution of Material Involving the Sexual Exploitation of Minors, Count 2, the maximum penalty upon conviction is up to 20 years in custody, with a mandatory minimum of 5 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Count 1 alleges that between June 2011 and December 2013, Jansen used a minor to produce visual depictions of sexually explicit conduct. Count 2 alleges that between December 2013 and July 2014, Jansen knowingly distributed visual depictions of a minor engaged in sexually explicit conduct.
The charges are merely accusations and Jansen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.
Jansen was remanded to the custody of the U.S. Marshals Service pending further hearings. A trial date has been sent for October 21, 2014.
Second Man Charged with Producing Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jordan McCloud, 22, of Rochester, NY, has been charged in a criminal complaint with producing child pornography and possessing child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a fine of $250,000 or both.
“This Complaint, together with yesterday’s arrest of Shamell Robinson, should serve as a warning to anyone who would dare harm a child and daughter of this community,” said U.S. Attorney Hochul. “While the defendants stand accused of laughing during this particular rape, if convicted, they will learn there is nothing remotely amusing about the potential punishment for this crime. We will continue our pursuit of child predators until all are brought to justice, and so that no other innocent victim need endure the scars of such abuse.”
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the complaint, the defendant used his cellular phone to film co-defendant Shahmell Robinson while Robinson raped a female child under the age of 16. The conduct occurred at a residence in Greece on August 8, 2014. The videos came to the attention of law enforcement when another individual posted them on Facebook.com.
McCloud has not been taken into police custody. Law enforcement officers are asking the public to be on the lookout for the defendant. If you have any information regarding his whereabouts, please call 911. McCloud is a black male, 22 years old, 6’1” tall, 140 pounds. Co-defendant Shahmell Robinson was arrested on August 19, 2014 and is being held in police custody.
The criminal complaint is the culmination of an investigation on the part of members of the Federal Bureau of Investigation’s Cyber Task Force, along with Task Force officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli and members of the Greece Police Department, under the direction of Chief Patrick Phelan.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Sarasota Man Sentenced to Six Years for Possessing Firearms and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven yesterday sentenced Terrance Timmons (30, Sarasota) to six years in federal prison for possession of firearms and ammunition by a convicted felon. The court also ordered Timmons to forfeit two firearms and twenty rounds of ammunition. Timmons pleaded guilty on May 20, 2014.
According to court documents, on August 21, 2013, the Sarasota Police Department executed a search warrant at Timmons’ residence related to prior narcotics transactions that occurred there. When detectives searched the residence, they located a black diaper bag containing two loaded firearms and paperwork with Timmons’ name on it. Prior to possessing the firearms and ammunition, Timmons had been convicted of multiple felony offenses. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sarasota Police Department. It is being prosecuted by Assistant United States Attorney Adam M. Saltzman.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program – a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Trevor Velinor, Acting Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is another example of ATF’s Frontline Strategy to impact violent crime within our communities.
Sanford Felon Sentenced to 15 Years in Federal Prison for Possessing A FirearmRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp today sentenced Bobby Deon Horn (32, Sanford) to 15 years in federal prison for being a felon in possession of a firearm. Horn pleaded guilty on May 28, 2014.
According to court documents, on November 23, 2013, officers from the Orlando Police Department responded to a 911 call reporting that several males were smoking marijuana in the area of a closed Post Office on South Orange Blossom Trail in Orlando. Upon arriving at that location, the officers observed Horn and others standing near the closed Post Office. Horn was holding an open container of alcohol and the officers smelled the odor of marijuana on him. The officers eventually searched Horn and recovered from him a loaded semiautomatic pistol, narcotic pills, and $1,481 in cash. Prior to possessing the firearm and ammunition on November 23, 2013, Horn had previously been convicted of multiple felony offenses, including a serious drug offense and a violent felony. As such, Horn was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Orlando Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Assistant United States Attorney Andrew C. Searle.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Trevor Velinor, Acting Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
It is another example of ATF’s Frontline Strategy to impact violent crime within our communities.
San Francisco and Los Banos Doctor Sentenced to Two Years in Prison in $3.2M Medicare Fraud SchemeRead the Press Release
SAN FRANCISCO – Edna Calaustro was sentenced to 24 months in prison and Mele Saavedra was sentenced to 3 years’ probation yesterday for conspiracy to commit health care fraud, conspiracy to pay and receive kickbacks involving the Medicare program, and health care fraud, announced United States Attorney Melinda Haag, FBI Special Agent in Charge David J. Johnson, and Special Agent in Charge for the Los Angeles Regional Office of Inspector General of the Department of Health and Human Services Glenn R. Ferry.
The evidence at trial showed that beginning in approximately December 2006 and continuing through July 2011, Patrick Sogbein, the owner of Debs Medical Distributors, a Van Nuys durable medical equipment company, and his wife, Adebola Adefunke Adebimpe, the owner of Dignity Medical Supply, a Santa Clarita durable medical equipment company, submitted over 400 false and fraudulent claims to Medicare using fraudulent prescriptions and medical records prepared by Calaustro. The evidence also showed that Sogbein and Adebimpe worked with Calaustro, then a San Francisco-based physician, and street level recruiters, including Eduardo Abad and Saavedra.
Abad and Saavedra recruited beneficiaries at locations in the Tenderloin and South of Market neighborhoods in San Francisco, including a fast food restaurant at the Powell Street cable car turnaround and a Tenderloin neighborhood senior center. After identifying beneficiaries, Calaustro, with Abad or Saavedra, went to the beneficiaries’ homes with a portable copy machine, copied their Medicare cards, and conducted sham examinations to obtain background information for the required Medicare paperwork. Calaustro gave the fraudulent paperwork and bogus prescriptions to Sogbein and Adebimpe. Sogbein and Adebimpe, in turn, created additional fraudulent paperwork in the names of their respective companies and submitted the claims to Medicare. Sogbein paid Calaustro a $100 kickback for each power wheelchair prescription. Sogbein paid Abad and Saavedra a $100 and $50 kickback, respectively, for each beneficiary they identified. From December 2006 through July 2011, Sogbein and Adebimpe were paid more than $1.6 million for over 400 fraudulent power wheelchair claims submitted to Medicare using the fraudulent prescriptions written by Calaustro. In mid-2011, Calaustro began working as a physician in Los Banos.
Calaustro, 71, of Daly City and Los Banos, and Saavedra, 49, of San Francisco, respectively, along with co-defendants Sogbein, Adebimpe, and Abad, were indicted by a federal grand jury on Jan. 26, 2012, for conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349, and health care fraud, in violation of 18 U.S.C. § 1343. Calaustro and Saavedra were arrested on Feb. 9, 2012, in Los Banos and San Francisco, respectively. After their initial appearances, Calaustro and Saavedra were released on bail. On Sept. 19, 2013, a grand jury returned a superseding indictment, charging Sogbein, Adebimpe, Calaustro, Abad, and Saavedra with conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349, and health care fraud, in violation of 18 U.S.C. § 1343. The indictment also charged Sogbein, Calaustro, Abad, and Saavedra with conspiracy to pay and received kickbacks involving the Medicare program, in violation of 18 U.S.C. § 371.
On Sept. 30, 2013 and Oct. 21, 2013, respectively, Calaustro and Saavedra pleaded guilty to conspiracy to commit health care fraud, conspiracy to receive kickbacks involving the Medicare program, and health care fraud. Calaustro and Saavedra both testified in November 2013 at the trial of co-defendants Sogbein, Adebimpe, and Abad.
The sentences for Calaustro and Saavedra were handed down yesterday by the Honorable Jeffrey S. White, United States District Court Judge. Judge White also sentenced Calaustro to a 3 year period of supervised release following her 24 month prison term and ordered forfeiture of $1,577,426 and restitution of the same amount to Medicare. Calaustro remains out of custody and is scheduled to begin serving her sentence on Nov. 17, 2014. Judge White sentenced Saavedra to perform 500 hours of community service during her 3 year term of probation and ordered forfeiture of $275,338 and restitution of the same amount to Medicare.
On June 17, 2014, co-defendants Sogbein, Adebimpe, and Abad, who were all convicted after trial, were sentenced to prison terms of 144 months, 51 months, and 12 months and 1 day, respectively. Sogbein is in custody. Adebimpe began serving her sentence yesterday. Abad remains out of custody pending his appeal.
Denise Marie Barton and Randy Luskey are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Assistant U.S. Attorney David Countryman, Beth Margen, and Bridget Kilkenny. The prosecution is the result of an investigation by the Federal Bureau of Investigation in San Francisco and Office of Inspector General, Department of Health and Human Services in Los Angeles.
(Calaustro and Saavedra superseding indictment )
Radric Davis, Aka Gucci Mane, Sentenced to Federal Prison for Illegal Gun PossessionRead the Press Release
ATLANTA - Radric Davis, a/k/a Gucci Mane, has been sentenced to three years and three months in federal prison on firearms charges.
“Davis has a long history of violence and of illegally possessing and using guns,” said United States Attorney Sally Quillian Yates. “One of our highest priorities is to remove violent repeat offenders from our streets so that our neighborhoods and cities are safer.”
“This sentence is a direct message to criminals that ATF and our law enforcement partners are observant and will not allow violations of our laws to go unpunished, regardless of celebrity status,” said Acting Special Agent in Charge Ray Brown. “ATF is committed to utilizing the frontline strategy and working with partners to prevent violent crime and ensure that violators are prosecuted and removed from our streets.”
“The proliferation and use of guns by criminals has wreaked havoc on the streets of Atlanta for far too long,” Atlanta Police Chief George Turner said. “I hope this sentence sends a strong message that we simply will not tolerate this type of irresponsible, criminal behavior from anyone, regardless of who they are.”
According to United States Attorney Yates, the charges and other information presented in court: On Sept. 14, 2013, the Atlanta Police Department received a call from a concerned citizen and acquaintance of Davis, who told police that the defendant was acting violent and had a handgun. When police arrived, they found Davis pacing the street, smelling strongly of marijuana, waving a loaded Glock 40 caliber handgun, and making threatening comments. Just two days earlier, police had been called to a different location in DeKalb County, where they found Davis with a different firearm, making threatening comments.
Radric Davis, 34, of Atlanta, Ga., was sentenced to three years, three months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $5,000. He was also ordered to forfeit all firearms listed in the indictment. Davis was convicted on these charges on May 13, 2014, after he pleaded guilty.
As part of the plea agreement and the Court’s sentence, Davis will seek mental health treatment once he is released from prison.This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Atlanta Police Department.
Assistant United States Attorney Kim S. Dammers prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Porcupine Woman Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman convicted of Assault by Striking, Beating or Wounding was sentenced on August 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Cheryl Lynn Cross, age 24, was sentenced to 1 year of probation and was ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
In August 2013, at Porcupine, Cross punched and scratched a minor child in the face.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Pine Ridge Man Pleads Not Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Edwin Grass, Sr., age 29, was indicted on January 22, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 6, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 2 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Grass knowingly engaging in sexual contact with a female on June 2, 2013, at Pine Ridge, without the woman’s permission.
The charge is merely an accusation and Grass is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Grass was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 14, 2014.
Oxford Man Sentenced for Receiving Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Vance David Baumbach, 37, formerly of Oxford, Nebraska, was sentenced today in Lincoln, Nebraska, to 15 years in prison by United States Senior District Judge Richard G. Kopf, for receiving child pornography. After serving his prison term, Baumbach will be on supervised release for the remainder of his life and must continue to register as a sex offender. Baumbach must also pay $5,000 in restitution and the attorney fees for three of the identified victims in this case.
In August of 2013, investigators of the Nebraska Attorney General’s Office became aware of a computer IP address that was offering to participate in the sharing of files that had been flagged in an on-going child pornography investigation. Upon further investigation, it was found that other law enforcement agencies had also noted that the same computer IP address was using the Gnutella file sharing network. Investigators were also able to determine that between August 7, 2013, and August 19, 2013, that computer had offered to participate in the sharing of 812 different files. Of those, 172 had been classified as "notable" by law enforcement.Investigators found that the IP in question was assigned to a residence in Oxford, Nebraska, and subsequently determined that Baumbach resided at that same address. A search warrant was executed and a computer and numerous hard drives were seized. After examination, over 1,000 files affiliated with child sexual exploitation were located.
At the time of his arrest on the receipt charges, Baumbach was already a registered sex offender and was on parole out of Colorado. He was previously convicted of offenses relating to child sexual assault.
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 visitwww.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the Nebraska Attorney General’s Office and the Nebraska State Patrol.
North Ridgeville Woman Charged with Distributing MethamphetamineRead the Press Release
A federal grand jury returned a two-count indictment charging a North Ridgeville woman and an Arizona man with using the U.S. mail to distribute methamphetamine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Indicted are Robert Havers, 49, and Patricia Ann Quinn, 43.
On July 24, 2014, Havers mailed approximately one pound of methamphetamine in the U.S. Mail from Phoenix, Arizona, to Quinn in North Ridgeville, Ohio. On July 25, 2014, U.S. Postal Inspectors delivered the package, which Quinn accepted and opened, according to the indictment.
This case is being prosecuted by Assistant United States Attorney Margaret A. Sweeney following an investigation by the United States Postal Inspection Service.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
New London Man Pleads Guilty to Cocaine ChargesRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that EDGARDO CENTENO, 43, of New London, pleaded guilty yesterday in Hartford federal court to conspiring to distribute cocaine in southeastern Connecticut.
According to court documents and statements made in court, in early 2012, Homeland Security Investigations (“HSI”), the U.S. Secret Service and the New London Police Department initiated an investigation to combat the large-scale trafficking of heroin and cocaine from the Dominican Republic and Puerto Rico into and around southeastern Connecticut. The investigation revealed that certain members of the conspiracy coordinated the shipment of heroin, and sometimes cocaine, via human couriers from the Dominican Republic to the United States. Other members of the conspiracy obtained kilogram-quantities of cocaine in Puerto Rico and then mailed the drug to locations in and around New London where it was sold to distributors and customers. Narcotics were also obtained from sources in New York City and Rhode Island.
More than 100 individuals were charged with federal and state offenses as a result of this investigation.
According to statements made in court, CENTENO, who pleaded guilty to one count of conspiracy to possess with the intent to distribute cocaine, received quantities of cocaine from Juan Cheverez in deals arranged over their cellular telephones. Cheverez received kilogram-quantities of cocaine through the United States Mail via a source in Puerto Rico.
CENTENO is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on November 5, 2014, at which time he faces a maximum term of imprisonment of 20 years.
Cheverez pleaded guilty to conspiracy charges on March 19, 2014, and awaits sentencing.
This matter is being investigated by Homeland Security Investigations; U.S. Secret Service; U.S. Postal Inspection Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection, Office of Air and Marine; Connecticut State Police; New London Police Department, Norwich Police Department, Waterford Police Department, Groton Town Police Department, East Lyme Police Department and Putnam Police Department. The United States Marshals Service; ICE Enforcement and Removal Operations; Drug Enforcement Administration; HSI Assistant Attaché, Santo Domingo, Dominican Republic; HSI Arecibo, Puerto Rico Resident Office; Internal Revenue Service – Criminal Investigation; Connecticut Department of Correction, Parole and Community Services; and the Groton City, Willimantic, New Haven and Bristol Police Departments have provided valuable assistance to the investigation.
The federal case is being prosecuted by Assistant U.S. Attorneys Alina P. Reynolds, Sarah P. Karwan and Henry K. Kopel. The state cases are being prosecuted by the State’s Attorney for the New London Judicial District and Senior Assistant State’s Attorneys Paul Narducci and Stephen Carney.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Mobile County Man Sentenced to 51 Months After Guilty Plea to Possession of Firearm After Felony ConvictionRead the Press Release
The United States Attorney Kenyen Brown announces that Donterrio Evans, a 30 year old resident of Mobile, was sentenced today. Mr. Evans pled guilty on May 22, 2014, to possession of a .40 caliber Smith & Wesson pistol found in his possession after police arrested him on unrelated robbery charges. At that time, Mr. Evans had been convicted of Receiving Stolen Property. As a convicted felon, he was prohibited from possessing firearms.
Officers of the Mobile Police Department along with special agents of the Bureau of Alcohol, Tobacco Firearms and Explosives investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 33 Months After Guilty Plea to Possession of Firearm After Felony ConvictionRead the Press Release
The United States Attorney Kenyen Brown announces that James R. Robinson, a 35 year old resident of Mobile, was sentenced today. Mr. Robinson pled guilty on May 15, 2014, to possession of a 9mm Smith & Wesson 9mm pistol found on his person after police stopped him to investigate his suspicious reaction to their presence. At that time, Mr. Robinson had been convicted of Unlawful Possession of a Controlled Substance. As a convicted felon, he was prohibited from possessing firearms.
Officers of the Mobile Police Department investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Missouri Man Sentenced for Failing to Register as A Sex OffenderRead the Press Release
Follow @SDILNewsDavid Lee Martin, 57, of St. Louis, Missouri, was sentenced on August 20, 2014, in federal district court, in East St. Louis, Illinois, on one count of Failure to Register as a Sex Offender, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Martin was sentenced to 24 months in federal prison, immediately after which Martin would be placed on a term of 5 years of supervised release. He was also fined $150 and ordered to pay a $100 special assessment. On July 21, 2012, the United States Marshals Service (USMS) received an anonymous Crime-Stoppers tip that Martin, who was wanted in Missouri for charges of child molestation and violating probation, was residing in Illinois. Martin knowingly failed to update his registration in Illinois as required by the Sex Offender Registration and Notification Act. Martin was apprehended by the United States Marshals on July 24, 2012.
This case was investigated by the USMS and prosecuted by Special Assistant United States Attorney Neal C. Hong.
Minnesota Man Found Guilty in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that Esteban Chavez-Cruz, age 51, of Heron Lake, Minnesota, was found guilty of Conspiracy to Distribute 500 Grams or More of Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota. The trial began on August 12 and concluded on August 13, 2014.
The charge carries a mandatory minimum penalty of 10 years in custody and/or a $10 million fine, a mandatory minimum of 5 years of supervised release up to life, and a $100 special assessment to the Federal Crime Victims Fund.
Chavez-Cruz was indicted by a federal grand jury on February 4, 2014.
A search warrant was served on Chavez-Cruz’s Heron Lake residence on January 23, 2014. Approximately four pounds of crystal methamphetamine, approximately five pounds of marijuana, a stolen shotgun, other firearms and ammunition, and approximately $49,000 in cash were found in holes under the floorboards in the bedroom. Chavez-Cruz was selling methamphetamine to co-conspirators who sold it in South Dakota and elsewhere.
This case was investigated by the Minnesota Bureau of Criminal Apprehension, the Jackson County, Minnesota Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorneys John E. Haak and Jennifer D. Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for November 3, 2014. The defendant was remanded to the custody of the U.S. Marshals Service.
Michigan Home Health Agency Owner Pleads Guilty to Participating in $22 Million Medicare Fraud SchemeRead the Press Release
A greater Detroit-area owner of three home health agencies pleaded guilty today for his role in a $22 million home health care fraud scheme.
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 U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office and Acting Special Agent in Charge Jarod Koopman of the Internal Revenue Service – Criminal Investigation (IRS-CI) made the announcement.
According to information contained in plea documents, Muhammad Aamir, 43, of Bloomfield Hills, Michigan, 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.
Aamir admitted that he and his conspirators at three home health agencies – Prestige Home Health Services Inc. and Platinum Home Health Services Inc., both located in Troy, Michigan, and Empirical Home Health Care Inc., located in Farmington Hills, Michigan – paid kickbacks to patient recruiters to obtain identifying information of Medicare beneficiaries and then fraudulently billed Medicare. Aamir and others fabricated and falsified medical documents reflecting or supporting purported physical therapy and other services – including home health certifications and plans of care, therapy notes, evaluations, recertifications, discharges and other records – making it appear that the services had been provided and were medically necessary, when in fact they were not. The three home health care agencies then billed Medicare for those services.
Aamir admitted that he submitted or caused the submission of false claims to Medicare, which in turn caused Medicare to pay approximately $15,118,254. According to court records, the conspiracy resulted in the submission of fraudulent claims that caused Medicare to pay more than $22 million.
Aamir pleaded guilty before U.S. District Judge Bernard A. Friedman in the Eastern District of Michigan to one count of conspiracy to commit health care fraud and one count of filing a false or fraudulent tax statement. Sentencing has been scheduled for Jan. 13, 2015.
This case was investigated by the FBI, HHS-OIG, and IRS-CI and was brought as part of the Medicare Fraud Strike Force, under the supervision of 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 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 1,900 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 .Mentor Man Charged with Enticement and Failure to Register as Sex OffenderRead the Press Release
Larun E. Miller, 45, of Mentor, was charged with enticement and failure to register as a sex offender, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about May 28, 2014, through on or about June 2, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Miller did knowingly use facilities and means of interstate and foreign commerce, that is, a cellular phone with Internet connectivity, to attempt to persuade, induce, entice and coerce an individual who had not attained the age of 18 years, that is, a 14-year-old girl to engage in illegal sexual activity with him.
The indictment also charges that from on or about October 1, 2013, through on or about June 3, 2014, in the Northern District of Ohio, Eastern Division, the defendant, Miller, a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act, as a result of being convicted under Federal law, on October 28, 2005, of travel with intent to engage in illicit sexual conduct, in Case No. 5:05CR300, in the Northern District of Ohio, did knowingly fail to register and update registration as required by the Sex Offender Registration and Notification Act.
Lastly, the indictment charges that from on or about May 28, 2014, through on or about June 2, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Miller, being required by federal law to register as a sex offender, committed a felony offense involving a minor under Title 18, United States Code, Section 2422(b), to wit: the felony offense charged in count one of the indictment.
If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the United States Marshals Service and the Jefferson County (Colorado) District Attorney’s Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Member of Home Invasion Robbery Crew Sentenced to 27 Years for Murdering Pregnant Woman During Botched RobberyRead the Press Release
Alejo Polanco was sentenced today to 27 years in prison to be followed by five years of supervised release by United States District Judge Raymond J. Dearie at the federal courthouse in Brooklyn. In August 2013, following a two-week trial, Polanco and co-defendant Emilino Vasquez were convicted of all counts against them, including participating in a ten-year conspiracy to commit armed home invasion robberies and to traffic in heroin, cocaine, and marijuana. In addition, Polanco and Vasquez were convicted of the June 2001 murder of Liliana Colmenares in Manhattan. On June 20, 2014, Vasquez was sentenced to 22 years’ incarceration for his role in the offense.
The sentences were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and James J. Hunt, Acting Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division.
“Polanco, Vasquez, and their associates thought they had gotten away with murder,” stated United States Attorney Lynch. “For years, these defendants committed brazen armed robberies that terrorized our city. Thanks to the diligent efforts of the DEA’s experienced investigators, those responsible for this brutal murder have been brought to justice.”
Polanco and Vasquez were members of a violent robbery crew responsible for numerous robberies of narcotics traffickers in the New York metropolitan area. The crew often received inside information regarding the location of narcotics and money stashes, and then performed extensive surveillance of their intended targets before robbing them at gunpoint. The crew targeted narcotics traffickers because they were unlikely to call the police or cooperate with law enforcement investigations. Altogether, Polanco, Vasquez, and their co-conspirators stole hundreds of kilograms of cocaine, heroin, and marijuana, as well as hundreds of thousands of dollars in drug proceeds.
In the spring of 2001, the crew received information from a member of an international drug trafficking organization that there was a large quantity of heroin stored in an apartment located on Fort Washington Avenue in upper Manhattan. For months, the conspirators performed surveillance of the apartment and its occupants. On June 10, 2001, six members of the crew, including Polanco and Vasquez, assembled in the vicinity of the apartment. Communicating with each other via radio, they watched as the male occupant of the apartment briefly left the apartment to walk to a restaurant. When he returned, three members of the crew, including Polanco, each of whom was armed with a handgun, attempted to force their way into the apartment. A struggled ensued, and several shots were fired. Liliana Colmenares, a Colombian national who resided in the apartment and was unarmed, approached Polanco and briefly struggled with him. Polanco then shot Colmenares in the face, causing her to bleed to death within minutes. Colmenares was approximately five months pregnant at the time of her death.
After the shooting, the conspirators fled the scene in two vehicles, one of which was driven by Vasquez. The murder remained unsolved for several years until agents and investigators with the Drug Enforcement Administration’s New York Drug Enforcement Task Force identified several suspects and ultimately solved the case.
Ms. Lynch extended her grateful appreciation to the DEA and the New York State Police for their extraordinary assistance in this lengthy investigation.
The government’s case was prosecuted by Assistant United States Attorneys
Daniel Silver, Soumya Dayananda, and Nathan Reilly.
The Defendants:
ALEJO POLANCO
Age: 47
EMILINO VASQUEZ
Age: 59
E.D.N.Y. Docket No. 08-CR-65
Manhattan U.S. Attorney Charges 19 Members of Bronx Gang and Their Narcotics Supplier with Narcotics Trafficking and the Gang’S Former Leader with A Firearms OffenseRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and William J. Bratton, the Commissioner of the New York City Police Department (“NYPD”), announced charges against 19 members of a criminal organization known as the “River Park Towers Young Gunnerz” (“RPT YGz”), which operates out of the River Park Towers housing complex, located on Richman Plaza in the vicinity of Sedgwick Avenue in the Bronx, New York. The RPT YGz members, along with their primary narcotics supplier, are all charged with narcotics trafficking. The gang’s former leader, TYRONE FELDER, is also charged with a firearms offense. These charges follow those announced on August 15 and 16, 2014, against RPT YGz members TYRONE FELDER, JAMAL WALKER, and TOMMY SMALLS, for the carjacking and murder of a livery cab driver in the Bronx.
13 of the defendants, including the three who are currently in federal custody on the murder-related charges, will be presented in Manhattan federal court this afternoon. Two of the defendants are currently in state custody on unrelated state charges and will be presented upon their arrival to the Southern District of New York. Five defendants are still at large.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, the defendants were associated with a violent gang that claimed an entire housing complex as its territory and held residents captive to their drug dealing and violent acts. Thanks to the outstanding work of the NYPD, the residents of River Park Towers are safer today, and these 20 suspected gang members and drug dealers are being brought to justice.”
NYPD Commissioner William J. Bratton said: “These individuals conducted their illegal operation inside of the River Park Towers development, causing alarm to the law abiding residents that live in the area. Thanks to the investigators and prosecutors who built and investigated this case, the message is clear, the NYPD will continue to target gangs who threaten the safety and well-being of all New Yorkers.”
According to the Indictment unsealed today in Manhattan federal court:
From at least 2010 through August 2014, River Park Towers has been plagued by drug dealing and violence, driven in large part by the activities of the RPT YGz. During that time period, the RPT YGz gang has distributed crack cocaine and marijuana, among other drugs, in and around the RPT complex. RPT YGz members have also engaged in robberies and various other acts of violence to protect their territory, assert their identity, and further their illegal activities, including threatening, intimidating and assaulting the security guards who are assigned to protect the River Park Towers complex and who have tried to prevent the RPT YGz members from selling drugs in the area.
TYRONE FELDER was the leader of RPT YGz until his arrest on August 15, 2014. Members of RPT YGz would pay money to FELDER in exchange for permission to sell drugs in and around the River Park Towers complex. FREDERICK ALLEN was recently designated the new leader of the RPT YGz by TYRONE FELDER following FELDER’s arrest.
NICOMEDES FRASQUERI serves as the primary supplier of narcotics for the RPT YGz, operating out of his own apartment within the River Park Towers complex. FRASQUERI has sold quantities of crack cocaine to members of the RPT YGz, among others, for distribution to customers.
TYRONE FELDER, JAMAL WALKER, NICOMEDES FRASQUERI, FREDERICK ALLEN, ANGEL AMERZQUITO, KEVIN ANTHONY, KELVIN DOUGLAS, DERRICK FELDER, ANTHONY GIVENS, KERI GIVENS, BRIAN HALL, ELIJAH HUBBARD, TERRELL JOHNSON, TYRONE MARGWOOD, SHANEQUA MASCALL, LAMONT OBEY, TOMMY SMALLS, GEORGE STONE, JEROME THOMAS, and JOHNA THOMAS are all charged with conspiring to distribute and to possess with intent to distribute crack cocaine and marijuana, a charge that carries a mandatory minimum sentence of 10 years in prison and a maximum penalty of life in prison. In addition, TYRONE FELDER is charged with one count of brandishing a firearm in relation to a narcotics and racketeering conspiracy, which carries a mandatory minimum sentence of seven years in prison, which must run consecutive to any other sentence, and a maximum penalty of life in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
A chart containing the names, ages, and residences for the defendants is attached to this release.
The case is assigned to U.S. District Judge Colleen McMahon.
Mr. Bharara praised the outstanding investigative work of the NYPD Bronx Narcotics Division – Major Case Unit. He added that the investigation is continuing.
The Office’s Narcotics Unit is overseeing the case. Assistant U.S. Attorneys Amy Garzon, Andrew DeFilippis, and Patrick Egan are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Tyrone Felder et al.
Manager of Local Housing Complex & Two Associates Plead Guilty to Identity Theft ChargesRead the Press Release
St. Louis, MO – MARSHA HARRINGTON,CALVIN SHAW and LARRY CORNER, all of the St. Louis area, have entered guilty pleas to one felony count of conspiracy to commit identity theft and one felony count of identity theft. Corner appeared in court Tuesday afternoon, Harrington and Shaw entered their pleas in July. All defendants appeared before United States District Judge Catherine D. Perry. Sentencing for Corner has been set for November 12, 2014. Harrington and Shaw will be sentenced in October.
According to court documents, Marsha Harrington used her employment as manager of the Clinton-Peabody Housing Complex to acquire social security numbers and other personal information from tenants, and used this information to file false tax returns. Co-defendants Calvin Shaw and Larry Corner also provided identity information to Harrington. After Harrington filed the false tax returns, she kept the tax refund. If the tax return used a stolen name and social security number provided by Shaw and/or Corner, she shared those funds with them respectively.
"Misusing her position of trust as Manager of the Clinton-Peabody Housing Complex, Ms. Harrington stole the identities of people and filed false tax returns in their names," said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation. "Let me be clear that we will continue to pursue the criminals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes."
Conspiracy to commit identity theft carries a maximum penalty of five years in prison and/or fines up to $250,000 and identity theft carries a maximum of 15 years in prison and or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by IRS Criminal Investigation. Assistant United States Attorney Stephen Casey is handling the case for the U.S. Attorney's Office.
Man Sentenced to 28 Months in Federal Prison and Ordered to Pay More Than $350,000 in Restitution in EPA Fraud CaseRead the Press Release
DALLAS — Michael G. Johnson, 46, formerly of Fort Worth, Texas, was sentenced late yesterday, by U.S. District Judge Barbara M. G. Lynn, to 28 months in federal prison and ordered to pay $354,529 in restitution, following his guilty plea in January 2014 to felony offenses stemming from an investigation by the Environmental Protection Agency (EPA) into violations of the Clean Air Act. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, Johnson pleaded guilty to one count of wire fraud and one count of making false statements under the Clean Air Act. He has been in federal custody since his arrest in July 2013 in the Billings, Montana, area.
From 2007 through 2009, Johnson owned and operated System Launch Associates from an apartment in Fort Worth. After 2009, Johnson conducted business from Austin, Texas; Dallas, Texas; Sterling Heights, Michigan; and Miles City, Montana.
Pursuant to the Clean Air Act, manufacturers are prohibited from selling a vehicle or engine that is subject to emission standards unless the vehicle or engine is covered by an EPA-issued Certificate of Conformity. System Launch purported to arrange testing of new vehicles and new vehicle engines for U.S. distributors of foreign-made vehicles. System Launch itself, however, did not perform the testing. In fact, the testing was never done, and Johnson fabricated the testing data.
Johnson instructed his clients to have the vehicles delivered to him or to a test lab he chose, instructing them to pay half of the testing/application fee to him upfront and the remainder when the testing was completed. After Johnson submitted the completed Certificate of Conformity application to the EPA, he provided a copy of the fraudulent vehicle test data to his clients.
From August 2009 through June 2012, Johnson submitted multiple Certificates of Conformity applications containing fraudulent vehicle test data to the EPA and delivered that data to more than a dozen clients. The applications Johnson submitted were approved, and the EPA issued Certificates of Conformity based on fraudulent data he provided.
“False reports or incorrect data undercut EPA’s commitment to protect clean air for all Americans,” said Vernon Jackson, Acting Special Agent in Charge of EPA’s criminal enforcement program in Texas. “EPA and its law enforcement partners will actively pursue those who undermine the integrity of programs designed to protect public health and the environment. This sentence sends a clear message that violators whose actions place the public at risk will be prosecuted.”
“I commend the excellent investigative work of the EPA and the Texas Commission on Environmental Quality- Environmental Crimes Unit in unravelling Mr. Johnson’s scheme,” said U.S. Attorney Saldaña. “The enforcement of our nation’s environmental laws is a vital part of our work here.”
Assistant U.S. Attorney Errin Martin was in charge of the prosecution.
Man Indicted for Assault, Threats and Starting A Fire at Gettysburg National ParkRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gary L. DuRocher, 41, formerly a resident of Maryland, was charged in an Indictment by a federal grand jury in Harrisburg. On August 11, 2014, DuRocher was charged in a Criminal Complaint, arraigned, and detained pending a preliminary hearing. The charges stem from an incident at the Gettysburg National Military Park on Friday night, August 8, 2014. According to United States Attorney Peter Smith, the Indictment charges the same three offenses as the Complaint: DuRocher allegedly committed an assault within the jurisdiction of the United States; he also is charged with malicious mischief for allegedly starting a fire that damaged property in the Park; and allegedly made a threat of harm to another person in interstate commerce. If convicted of all offenses, DuRocher faces 11 years in prison and fines of more than $500,000.
At his first appearance in federal court, DuRocher was ordered detained pending a preliminary hearing. With the filing of the Indictment, there will no longer be a preliminary hearing because the grand jury’s finding of probable cause to believe the crimes alleged were committed takes the place of the probable cause finding made at a preliminary hearing. U.S. Magistrate Judge Susan E. Schwab is expected to arraign DuRocher on the Indictment tomorrow, Thursday, August 21, at 9:30 a.m.
The case was investigated by the National Park Service with the assistance of Cumberland Township, Gettysburg Borough, McSherrystown Borough, Pennsylvania State Police and Maryland State Police, as well as fire and emergency response personnel from around the Gettysburg area. The case is being prosecuted by Assistant United States Attorney James T. Clancy.
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.
Logan County Man Sentenced for Access Device FraudRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced that Joseph Hurley, 28, of Man, West Virginia was sentenced today to five years’ probation, with five months to be served in community confinement for the federal offense of Access Device Fraud. Mr. Hurley was ordered to pay restitution in the amount of $5,766 dollars, the full amount of the loss resulting from the fraud.
On January 26,2013, Hurley took the names and social security numbers of two relatives with whom he was living. Hurley applied online to Citibank for credit cards (access devices) assuming the identities of his relatives. Hurley received the first credit card in the mail at the home where he was staying in Man, West Virginia. Hurley activated the card and fraudulently charged over five thousand dollars between February 2,2013 and March 15, 2013. He attempted to use the second card he received in the mail, but was blocked by the Citibank Fraud Detection Unit because of suspected fraudulent activity.
The United States Secret Service and the United States Postal Inspection Service conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution.
Little Eagle Woman Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.
Verinda Red Legs, age 30, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Red Legs was indicted by a federal grand jury on November 14, 2013. She pled guilty on May 12, 2014.
The conviction stems from an incident on October 18, 2013, when following a night of drinking, Red Legs got into an argument with her husband, the victim, at their home. Red Legs chased the victim around the house and stabbed him in the abdomen. Red Legs then fled the area and law enforcement was called.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.
Gary Little Bird, Jr., age 35, was sentenced to 30 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Bird was indicted by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on May 19, 2014.
The conviction stems from an incident on February 13, 2014, when Little Bird called the Bureau of Indian Affairs to let them know he had assaulted his girlfriend. An officer was dispatched to their home, where she noticed swelling and cuts to the victim’s lips, as well as dried blood around her nose and mouth. At the time of this incident, Little Bird had four prior convictions in Standing Rock Sioux Tribal Court, which would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Bird was immediately turned over to the custody of the U.S. Marshals Service.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
On August 20, 2014, Joshua Dain Pearce, 30, of Lincoln, was sentenced to 130 months in prison for conspiracy to distribute and possess with the intent to distribute methamphetamine. Following the prison term, Pearce will serve four years on supervised release.
Information provided to law enforcement indicated that between December of 2011 and August of 2013, Pearce was involved in the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area. Confidential informants and an undercover officer made three purchases of methamphetamine from Pearce in late 2012 and the spring of 2013 for a total of approximately ¼ ounce of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Las Vegas Woman Sentenced for Meth DistributionRead the Press Release
BOISE – Sadith Chavez-Perez, 23, of Las Vegas, Nevada, was sentenced today to 71 months for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. United States District Judge Dee V. Benson, visiting from the District of Utah, also ordered Chavez-Perez to serve five years of supervised release following her prison term. Chavez-Perez pleaded guilty on May 20, 2014. She is subject to deportation upon completion of her sentence.
According to the plea agreement, on March 27, 2013, Chavez-Perez met with an undercover officer at a parking lot in Meridian, Idaho. At the meeting Chavez-Perez discussed future drug transactions with the undercover officer. On April 11, 2013, Chavez-Perez made arrangements with the undercover officer to deliver five ounces of methamphetamine to the undercover officer. The methamphetamine was delivered to the undercover officer by a co-defendant later that day. Chavez-Perez subsequently arranged for another delivery of two pounds of methamphetamine to the undercover officer on or about May 15, 2013. While enroute to this meeting, Chavez-Perez was stopped by law enforcement in Ely, Nevada. In the vehicle officers found 1,321 grams of actual methamphetamine.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration (DEA), in conjunction with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Meridian Police Department, Ada County Sheriff’s Office, the Nampa Police Department, and the White Pine County, Nevada Sheriff’s Office. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation (FBI), and U.S. Marshals Service.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.