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Friday 15 August 2014
Houston Woman Pleads Guilty to Making Threat Against President ObamaRead the Press Release
HOUSTON – Teddy Bear Paradise, formerly known as Denise O’Neal, 56, has entered a guilty plea to one count of making a threat against President Obama, announced United States Attorney Kenneth Magidson.
At the hearing today, Paradise admitted to mailing a letter to President Obama in which she told him that she was coming to Washington D.C. to murder him. She also admitted to telling two Secret Service agents of her intention to kill the President, claiming that if she could not do it, she would find someone else to murder.
Sentencing is set for Nov. 7, 2014, before U.S. District Judge Gray H. Miller. At that time, she faces up to five years in federal prison and a possible $250,000 fine. She will remain in custody pending that hearing.
The case was investigated by the U.S. Secret Service. Assistant U.S. Attorney Julie Searle is prosecuting.
Hill District Felon Sentenced in Gun CaseRead the Press Release
PITTSBURGH – On Aug. 14, 2014, a Pittsburgh resident was sentenced in federal court to 36 months imprisonment followed by three years supervised release on his conviction of a federal firearms violation, United States Attorney David J. Hickton announced today.
Senior United States District Judge Terrence F. McVerry imposed the sentence on Kedrin Lee Turner a/k/a Hoody, 39, of Pittsburgh, Pa.
According to information presented to the court, Turner dropped his shoes and a loaded 9mm Glock pistol as he fled from police on June 24, 2010. Federal law prohibits convicted felons such as Turner from possessing a firearm or ammunition.
Prior to imposing sentence, Judge McVerry made several legal decisions which resulted in Turner’s guideline range being 33-41 months. The Court then sentenced Turner to 36 months of incarceration and an additional three years of supervision.
Assistant United States Attorneys Ross E. Lenhardt and Barbara K. Doolittle prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Turner.
Fort Yates Man Pleads Guilty to Sexual AssaultRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Aug. 15, 2014, Austin Agard, 27, Fort Yates, N.D., pleaded guilty before U. S. District Judge Daniel L. Hovland to a charge of sexual assault.
On Dec. 16, 2013, the Bureau of Indian Affairs in Fort Yates received a call from the hospital that a female had reported being raped while at her Fort Yates residents. The victim was able to identify the individual as Agard. Agard was questioned and admitted that he sexually assaulted an individual incapable of consenting to sexual activity.
Agard faces a sentence of up to life in prison, five years to life of supervised release, and a $250,000 fine.
Sentencing for Agard is set for Dec. 1, 2014, at 10:00 a.m. in U. S. District Court Bismarck.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme is prosecuting the case.
Former Student Pleads Guilty to Cyberstalking UMKC InstructorRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former student at the University of Missouri-Kansas City has pleaded guilty in federal court to cyberstalking a faculty member.
Kenna Haight, 27, of Virginia Beach, Va., a former student at UMKC, pleaded guilty before U.S. Chief District Judge Greg Kays on Thursday, Aug. 14, 2014, to the charge contained in a Dec. 11, 2013, federal indictment.
Haight repeatedly sent e-mail messages to a UMKC instructor from Oct. 1, 2013 to Dec. 11, 2013, which she admitted would be reasonably expected to cause substantial emotional distress to the instructor or her family. Haight admitted that her messages and attempts to communicate with the instructor were done despite repeated requests from the instructor herself, UMKC administrators and law enforcement officers to stop.
On Oct. 4, 2013, the instructor obtained an Ex Parte Order of Protection, which prohibited Haight from communicating in any way with the instructor and included specific orders to not threaten or harass the instructor. On Nov. 21, 2013, FBI agents interviewed Haight. Haight admitted sending the emails to the instructor. Haight was instructed again to stop trying to contact the instructor.
On Dec. 3, 2013, Haight called and made a false report to the Missouri Child Abuse and Neglect Hotline. As a result of that report, a social worker interviewed the instructor and the instructor’s children about the false complaint, causing them substantial emotional distress.
The e-mails Haight sent to the instructor included the following comments, among many other threatening statements:
- “I keep having homicidal fantasies that me keep me up at night around you.”
- “Am I in the backseat of your car ready to slit your carotid artery? Am I in the closet at your house in [city of the UMKC Instructor’s residence]? Am I underneath your car ready to cut your achilles heal? Are your lug nuts secure on your car??”
- “I don’t deal with anger and irritation well…people who cross me wind up living to regret it. Want to be on my list???”
- “I seriously want to hurt you, you know that?”
- “…you may find yourself tied to your own bed in your own home begging for mercy. Or having your tongue cut out and your spinal cord cut paralyzing you for life so that you can never walk or speak again. Who knows what the universe has in store for you. If someone invades your home and cuts out your tongue…not my fault. Wishful thinking.”
Under federal statutes, Haight is subject to a mandatory minimum sentence of one year in federal prison, up to a sentence of five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Matthew P. Wolesky. It was investigated by the FBI.
Former St. Joseph Man Sentenced to More Than 7 Years in Prison for Philippine Gold Scam and Failure to File Tax ReturnsRead the Press Release
Freeman Carl “Buck” Reed Defrauded Victims of $1.3 Million Pitching a Bogus Philippine Gold Investment and Failed to File Tax Returns for 10 Years
GRAND RAPIDS, MICHIGAN – Freeman Carl “Buck” Reed, 45, formerly of St. Joseph, Michigan, was sentenced to 87 months in federal prison for failing to file income tax returns and committing a fraud scheme involving gold bars he told investors were buried in the Philippines. He was ordered to pay $1.3 million in restitution to the fraud victims, and more than $500,000 in restitution to the Internal Revenue Service. The Honorable Janet T. Neff, U.S. District Judge, imposed the sentence.
U.S. Attorney Patrick Miles, Jr. said, “Reed’s failure to file tax returns or pay any taxes -- particularly in light of his extravagant lifestyle -- was an insult to decent, tax-paying citizens everywhere. The fraud he perpetrated was deplorable abuse of trust. This office will continue to vigorously prosecute those involved in these kinds of crimes.”Reed was convicted of failure to file tax returns following a jury trial in February 2014. At trial, the jury heard evidence that Reed had not filed any tax returns -- or paid any taxes -- for almost 10 years, despite making more than $1 million in just a three year period and living an extravagant lifestyle that included five luxury vehicles and an expensive house.
Shortly after the tax trial, Reed pled guilty to the Philippine gold fraud. He admitted that, after his direct-marketing business failed, he engaged in a scheme to defraud investors by soliciting money from investors to recover “Yamashita’s gold,” a legendary gold hoard supposedly left behind by Japanese soldiers when they were defeated by the U.S. Army at the end of World War II. Desperate for money, Reed told investors that he and a co-conspirator had located the gold and would use their money to finance the gold extraction costs. He told other investors that he had access to “gold certificates” supposedly worth millions of dollars. Reed was able to obtain $1.3 million in connection with the two schemes. Instead of using the investors’ money as promised, Reed admitted that he spent it on himself so that he could maintain his façade of wealth.
“Mr. Reed was not selling an investment; instead, he developed an elaborate hoax meant to enrich himself. The prosecution and sentencing of Mr. Reed, who diverted investor’s funds for his benefit and then intentionally failed to file income tax returns, is a fundamental element in maintaining public confidence in our tax system,” said IRS Acting Special Agent in Charge Jarod Koopman.
“For nearly a decade, Mr. Reed failed to file tax returns and defrauded investors of well over $1 million, all while lining his own packets and living an extravagant lifestyle”, stated Paul M. Abbate, Special Agent in Charge of the FBI Detroit Field Office. “The prosecution of Mr. Reed holds him accountable for his years of criminal conduct, and the FBI will continue to partner with the IRS to bring to justice those who commit these brazen financial crimes.”
The case was investigated by the FBI and IRS and prosecuted by Assistant U.S. Attorneys Clay Stiffler, Michael MacDonald, and Matthew Borgula.
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Former Owner of Los Angeles Medical Clinic Management Company Pleads Guilty in $3.2 Million Medicare Fraud SchemeRead the Press Release
The former owner of a Los Angeles medical clinic management company pleaded guilty today in connection with his role in a scheme to defraud Medicare.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephanie Yonekura of the Central District of California and Assistant Director in Charge Bill L. Lewis of the FBI’s Los Angeles Field Office made the announcement.
Mihran “Mike” Meguerian, 37, of Glendale, California, pleaded guilty before U.S. District Judge Beverly R. O’Connell in the Central District of California to one count of conspiracy to commit health care fraud.
According to court documents, Meguerian owned Med Serve Management (Med Serve), a medical clinic management company located in Van Nuys, California. Meguerian admitted that from approximately July 2008 through February 2009, he engaged in a conspiracy to commit health care fraud, in part through the operation of Med Serve. Meguerian admitted that he oversaw medical clinics that wrote prescriptions for medically unnecessary power wheelchairs and other durable medical equipment (DME). Meguerian and his co-conspirators then sold the prescriptions to DME supply companies, knowing that the prescriptions were fraudulent. The DME supply companies submitted the fraudulent prescriptions to Medicare in false and fraudulent claims.
From approximately July 2008 through February 2009, DME supply companies submitted approximately $3,367,661 in fraudulent claims to Medicare using fraudulent prescriptions from Meguerian’s clinics, and Medicare paid approximately $1,438,760 for those claims. Meguerian’s sentencing is scheduled for Nov. 17, 2014.
This case was investigated by the FBI and was brought as part of the Medicare Fraud Strike Force, which is supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California. This case is being prosecuted by Trial Attorneys Fred Medick and Blanca Quintero 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 more than 1,900 defendants who have collectively billed the Medicare program more than $6 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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 .Former Medical Resident Sentenced to Child Pornography ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid Reid, Special Agent in Charge, United States Secret Service (USSS), Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Daniel J. Oates, Chief, Miami Beach Police Department, announce that U.S. District Judge Robert N. Scola sentenced Daniel Bays, 30, of Clermont, to 52 months in prison, followed by 25 years of supervised release and registration as a sex offender.
In October 2013, officers of the Miami Electronic Crimes Task Force (MECTF) of the USSS and ICE-HSI identified a user on a peer-to-peer file-sharing network who was in possession of files indicative of child pornography. Through investigation, agents identified that Bays, an anesthesiology resident at Jackson Memorial Hospital, was the user.
Through additional investigation, agents determined that the files in Bay’s digital folder matched files that were known to depict child pornography. From approximately August 7, 2013, through December 4, 2013, the shared folder associated with Bay’s username had displayed over 700 videos with titles indicative of child pornography.
On December 11, 2013, MECTF, assisted by the Miami Beach Police Department, executed a federal search warrant at Bay’s residence, located in Miami Beach. Inside the residence, the agents found Bay’s laptop computer. After conducting a forensic analysis of the computer, law enforcement found images and videos that depicted child pornography that had been downloaded using a peer-to-peer file-sharing program.
On January 10, 2014, a federal grand jury sitting in the Southern District of Florida returned a one-count indictment, charging Bays with possessing child pornography. On April 14, 2014, Bays pled guilty to this crime.
Mr. Ferrer commends the investigative efforts of USSS, ICE-HSI and the Miami Beach Police Department for their assistance and their work on this case. The case is being prosecuted by Assistant U.S. Attorney Cristina Moreno.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Hanover CEO Sentenced in $18 Million Ponzi SchemeRead the Press Release
Trio Bilked More Than 125 Investors
NASHVILLE, Tenn. – August 15, 2014 - Terry Kretz, 61, of Gallatin, Tenn. and the former CEO of Hanover Corporation, was sentenced today by U.S. District Judge Todd J. Campbell to 168 months in prison, followed by three years of supervised release, for orchestrating an $18 million Ponzi scheme, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Judge Campbell also ordered Kretz to pay $14,784,983.75 in restititution.
Kretz was indicted on November 4, 2009 and pleaded guilty on January 31, 2014, to securities fraud, mail fraud, money laundering, and conspiracy to commit securities fraud, wire fraud and mail fraud.
“Those who prey on the investing public can rest assured that the U.S. Attorney’s Office will mount an exhaustive and thorough prosecution to ensure that justice is served,” said U.S. Attorney David Rivera. “After convictions are obtained, we will be equally aggressive during the penalty phase and seek appropriate punishment on behalf of those who suffer financial distress as a result of the fraud.”
According to court documents, Kretz carried out the scheme along with two other defendants, both of whom have also pleaded guilty: Daryl Bornstein, 55, a Hanover salesman from Kingston Springs, Tenn. and Robert Haley, 55, Hanover’s chief financial officer and a Lebanon, Tenn. resident.
The fraudulent scheme was carried out from January 2004 through August 2006. During that period, Kretz offered clients the opportunity to invest in Hanover through promissory notes bearing high interest rates. Through representations in the promissory notes, as well as his own discussions with investors, Kretz told clients that their money would be used for specific purposes, such as investing in stock options and startup companies. In fact, as Kretz knew, more than half the money invested in Hanover went to repay earlier investors, to pay Hanover’s salaries and overhead, or to benefit him or other defendants personally. Such personal benefits included the purchase of a $600,000 residential building lot in the name of Kretz personally, contributing more than $176,000 to a church, and paying for golf memberships.
Kretz and Bornstein also issued Hanover promissory notes to reimburse individuals who had previously lost money investing in ventures recommended by Bornstein before he joined Hanover. In some cases, these old investors contributed new money to Hanover, while in other cases, they invested nothing. In both cases, money from new investors in Hanover was used to make payments on promissory notes issued to cover non-Hanover losses without the Hanover investors’ knowledge.
Bornstein and Haley are scheduled to be sentenced on August 25, 2014.
The case was investigated by the FBI, the IRS-Criminal Investigation, the Tennessee Bureau of Investigation, and the Tennessee Department of Commerce and Insurance. The case is being prosecuted by Assistant U.S. Attorney Scarlett S. Nokes of the Middle District of Tennessee and Trial Attorney Justin Goodyear of the Criminal Division’s Fraud Section.
Former Great Falls Dentist Sentenced for 1 Million in Tax FraudRead the Press Release
GREAT FALLS - A former Great Falls dentist has been sentenced to 40 months imprisonment and two years supervised release for tax evasion. James Zander, 63, of Great Falls, Montana was sentenced Friday in federal court in Great Falls, Montana, for criminal conduct resulting in a tax debt of over one million dollars.
In a sentencing memo filed by Assistant U.S. Attorney Chad Spraker, the government told the court that from 2002 to 2010 the defendant, James Zander, evaded his 2001 tax liability through several means, including filing a return filled with zeros and funneling income from his dental practice to a various entities. Zander also obstructed IRS collection efforts by sending notices and demands to government employees and filing a frivolous lawsuit against an IRS Revenue Agent. Zander also failed to file legitimate tax returns for the 2002 to 2009 tax years, incurring a total tax debt of over $1 million.
Zander last filed a legitimate individual income tax return for the 2000 tax year. He then told his tax return preparer that he found a method for not filing his tax returns. The preparer warned Zander on multiple occasions that he should be filing. Zander's tax preparer prepared a 2001 individual income tax return and a Form 1120S for Zander's solely owned corporation, Dental Care of Great Falls. Zander did not file the individual 2001 return but did sign and file the corporate return.
On February 20, 2002, Zander formed Solid Rock Partners, LP; on July 16, 2003, he formed Royal Priesthood Society (RPS), a corporation sole; and on June 10, 2008, he formed American Humanitarian Project another corporation sole. Zander opened bank accounts for RPS, Rock Solid, and American Humanitarian Project. From 2002 to 2009, Zander purchased five parcels of land in the name of Solid Rock Partners and RPS. Zander maintained two bank accounts for Dental Care.
On February 17, 2004, Zander filed a 2001 individual income tax return listing zeros in each section for his income, adjusted gross income, and tax liability. The return requested a $27,131 refund for the amount he had withheld. He also attached a two-page document espousing tax defier arguments. In later years Zander either filed a return filled in with zeros or no return at all.
In July 2004, the IRS sent Zander a letter informing him that his 2001 return was frivolous and warned him of the consequences of not paying his taxes. Based upon the 2001 Form 1120S for Dental Care, a W-2 issued to Zander, and other documents received by the IRS, the IRS assessed Zander's 2001 tax liability at $100,972.81 total liability as of March 10, 2010. In May 2006, the IRS again warned him of the consequences of failing to pay his taxes.
In December 2007 and January 2008, the IRS issued notice of levies to Zander with respect to his bank accounts at Stockman Bank. In response, Zander sent letters to Stockman Bank asserting that the levies were unlawful and he is not subject to taxation. After the IRS collected approximately $2,000 from the levies, Zander closed the accounts.
On October 23, 2009, and November 2, 2009, Zander sent the U.S. Treasury Secretary two $300 million "Private Indemnity Bonds" purporting to offset his pre-existing and future liabilities. The IRS placed liens on Zander's property at the Cascade County Clerk and Recorder's Office. An IRS Revenue Officer delivered three letters to Zander warning of IRS collection for 2001 and 2005. Zander responded with an October 19, 2009, letter espousing tax defier arguments. The following month, Zander sent the officer a document making a claim against Murray for several million dollars.
Zander made approximately $2.9 million in unreported income from 2001 to 2009.
Former Columbus Police Officer Sentenced for Embezzling from Defense Department Surplus ProgramRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS—Former Columbus Police Officer Steven Edward Dean, 50, of Columbus, was sentenced in U.S. District Court to 30 months in prison for misappropriating and selling heavy equipment and other property the Columbus Division of Police received through a Department of Defense surplus program.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio; Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI); Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS); and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Judge Michael H. Watson.
According to court documents, an investigation by the Columbus Division of Police, the FBI and DCIS concluded that between October 1, 2005 and June 1, 2012, Dean diverted property with a fair market value of $251,570.94 the police department had received from the Defense Reutilization Marketing Office (DRMO) program.
The embezzled items included $133,554.59 of heavy equipment, construction equipment, and vehicles; restaurant equipment; $94,163.25 of materials sold for scrap; and $16,353.15 worth of items, including diesel generators, sold to private persons. This conclusion was based on records obtained from the U.S. Department of Defense DRMO program, the state of Ohio offices involved with the DRMO program, scrapyard receipts, Craigslist online point-of-sale website records, restaurant supply records of sold equipment, and by viewing the items of property themselves.
“This is a major theft and embezzlement case involving a uniformed police officer stealing from his own department and involving property which should have otherwise been used to assist law enforcement, and all the equipment and vehicles were originally purchased with taxpayer dollars,” Assistant U.S. Attorneys Doug Squires and Deborah Solove told the court prior to sentencing.
"Today's sentencing demonstrates the Defense Criminal Investigative Service's ongoing commitment to combating fraud and corruption that impacts the Department of Defense's vital programs and operations," said Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), "DCIS, with our partner agencies, will continue to work tirelessly to investigate fraud involving the DoD's DRMO Law Enforcement Support Office which transfers excess property to law enforcement organizations across the United States."
Dean pleaded guilty in February to one count of embezzlement from a program receiving federal funds and one count of theft of public property. Under terms of the plea agreement, Dean will forfeit $251,570.94 less the value of the recovered equipment. Dean was also sentenced to three years of supervised released following imprisonment.
U.S. Attorney Stewart commended the investigation by DCIS, the FBI, and CPD, as well as Assistant U.S. Attorneys Doug Squires and Deborah Solove, who prosecuted the case.
Five Indicted in Des Moines Property Flipping InvestigationRead the Press Release
DES MOINES, IA - United States Attorney Nicholas A. Klinefeldt announced the indictment of five people for bank fraud based on their participation in a fraudulent property flipping scheme. The defendants are Nathan Smith, Patrick Steven, Jason Springer, Rick Makohoniuk, and Jerod Hogan.
The indictment alleges that the defendants engaged in a scheme to defraud financial institutions from approximately March 2009 to March 2011, in a scheme involving approximately eighteen homes in and around Des Moines, Iowa, and a loss of approximately $400,000.
According to the indictment, Smith and Steven were property flippers who negotiated short sales with lenders on behalf of homeowners. The indictment alleges that, without the lenders’ knowledge, Smith and Steven also purchased the homes in the short sales, and that they and the other defendants deceived the lenders into believing that the price Smith and Steven paid in the short sale was the fair market value. In fact, according to the indictment, without the lenders’ knowledge, Smith and Steven immediately resold the homes for a profit. Springer, a Des Moines attorney, is alleged to have furthered the scheme by conducting the fraudulent real estate closings and collecting a commission for his work. Makohoniuk, a realtor, is alleged to have submitted false documents to a lender with respect to one of the homes involved in the scheme, and Hogan, a mortgage broker, is alleged to have provided Smith and Steven with false documents that were used to deceive lenders.
Steven, Springer, Makohoniuk, and Hogan were arraigned today in federal court, and the trial has been scheduled for September 29, 2014. Smith’s arraignment is scheduled for August 29, 2014.
The investigation was conducted by the Department of Housing and Urban Development – Office of Inspector General and Federal Bureau of Investigation.
In accordance with the Iowa Rules of Professional Conduct, the public is reminded that an indictment is merely accusations, and that the defendants are presumed innocent until and unless proven guilty. Additionally, because this matter is pending in the United States District Court, the United States Attorney’s Office does not anticipate making any further comment or statement at this time.
(Download Press Release )
Federal Officials to Announce Filing of Significant Federal IndictmentRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division will hold a press conference to announce the filing of a significant federal indictment TODAY, AUG. 15, 2014 AT 11:00 A.M. at the U.S. Attorney’s Office. No further information will be released until the press conference.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division WHAT: Press conference to announce the filing of a significant federal indictment. WHEN: FRIDAY, AUGUST 15, 2014, 11:00 A.M. WHERE: U.S. Attorney’s Office 10th Floor Multi-Media Room (Reception on 9th Floor) 201 Third Street NW Albuquerque, NM 87102 OPEN PRESSNOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 10:30 a.m. Press inquiries regarding logistics should be directed to Jessica Masoner at 505-224-1448 or [email protected].
Federal Court Sentences Burlington Man on Charge of Felon in Possession of A FirearmRead the Press Release
DAVENPORT, IA- On August 15, 2014, Christopher Lakeith McAfee, age 37, from Davenport, Iowa, was sentenced by United States District Court Judge John A. Jarvey to 84 months imprisonment, after pleading guilty to felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. McAfee was also ordered to serve three years of supervised release following the imprisonment and pay $100 towards the Crime Victims Fund.
On September 10, 2013, a Davenport, Iowa, police officer heard shots fired from a white Cadillac. As the officer began to follow the vehicle, three additional guns shots were fired out of the sun roof of the Cadillac. Members of the Davenport Police Department conducted a traffic stop of this vehicle and identified three occupants, including back seat passenger Christopher McAfee. Officers observed McAfee make movements in the back seat area of the vehicle and McAfee refused repeated commands to get out of the vehicle. Officers had to physically remove McAfee from the Cadillac and found a .380 caliber handgun accessible through a pass through from the back seat into the trunk. Officers also found and seized a .380 caliber handgun clip from McAfee’s pocket and a box of .380 caliber ammunition on the seat where McAfee had been sitting. Officers later recovered spent shell casings from the street areas where the handgun was fired, which were later matched through ballistics testing to the .380 caliber handgun seized from the Cadillac. Previously, in 2007 McAfee was convicted in Iowa state court of willful injury, a felony offense.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Davenport, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhoods initiative.
(Download Press Release )
Federal Court Sentences Burlington Man on Charge of Felon in Possession of A FirearmRead the Press Release
DAVENPORT, IA - On August 14, 2014, Anthony Darnell Herron, age 23, from Burlington, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 100 months imprisonment, after pleading guilty to felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Herron was also ordered to serve three years of supervised release following the imprisonment, pay $2500 in restitution, and pay $100 towards the Crime Victims Fund.
On October 18, 2013, Herron burglarized a residence in Burlington, Iowa, taking several items, including a Taurus .380 caliber handgun. On October 21, 2013, law enforcement officers searched Herron’s residence and recovered stolen items, including the Taurus .380 caliber handgun, a sawed off Mossberg 12 gauge shotgun, and other electronic items. Previously in 2009, Herron had been convicted in Iowa state court of possession with the intent to deliver marijuana and burglary third degree, both felony offenses.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Burlington, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhoods initiative.
(Download Press Release )
FBI, Justice Officials Announce Next Steps in Federal Civil Rights Investigation in Ferguson, MissouriRead the Press Release
The following joint statement was released Friday by FBI Special Agent in Charge William P. Woods, U.S. Attorney for the Eastern District of Missouri Richard G. Callahan and Acting Assistant Attorney General for the Civil Rights Division Molly Moran:
“At the onset of our federal civil rights investigation, the Attorney General of the United States promised a thorough and complete investigation into the shooting death of Michael Brown. That investigation is proceeding. We can confirm that FBI agents, working together with attorneys from the Justice Department's Civil Rights Division and US Attorney's Office, have already conducted several interviews of witnesses on the scene at the time of the shooting. Over the next several days, teams of FBI agents will be canvassing the neighborhood where the shooting took place to identify any individuals who may have information related to the shooting and have not yet come forward. We ask for the public's cooperation and patience, and again urge anyone with information related to the shooting to contact the FBI. The FBI can be reached at (800) CALL-FBI, option 4.”
El Departamento de Justicia Resuelve un Caso de Discriminación Relacionado con Inmigración en contra de una Agencia de EmpleoRead the Press Release
WASHINGTON – El Departamento de Justicia llegó a un acuerdo hoy con Real Time Staffing Services LLC, que opera bajo la denominación Select Staffing, una compañía con sede en Santa Bárbara, California. El acuerdo resuelve los reclamos del Departamento que Select Staffing discriminó contra individuos autorizados a trabajar que no son ciudadanos estadounidenses, en violación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
La investigación del Departamento, iniciada por una referencia del Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS por sus siglas en inglés), concluyó que Select Staffing sometió a los empleados que no eran ciudadanos estadounidenses, pero que contaban con autorización de trabajo, a exigencias ilegales de presentar documentos específicos para verificar su elegibilidad de empleo, mientras que a los ciudadanos estadounidenses se les permitía presentar los documentos de su elección. La provisión anti-discriminación de la INA prohíbe que los empleadores impongan cargas documentales adicionales a los empleados con autorización de trabajo durante el proceso de contratación y verificación de elegibilidad de empleo con base a su estado de ciudadanía u origen nacional.
Según el acuerdo, Select Staffing le pagará a los Estados Unidos $230,000 en sanciones civiles, creará un fondo de $35,000 para compensar a las personas que puedan haber perdido salarios debido a las prácticas de la compañía y participará en adiestramiento sobre la provisión anti-discriminación de la INA. Ciertas oficinas de Select Staffing estarán sujetas a monitoreo departamental y a requisitos de información por un período de tres años.
"La División de Derechos Civiles se compromete a proteger a las personas autorizadas a trabajar frente a las prácticas discriminatorias durante el proceso de verificación de elegibilidad de empleo," dijo Molly Moran, la Sub-Procuradora General Interina para la División de Derechos Civiles. "Elogiamos a Select Staffing por trabajar en colaboración con la División para resolver este asunto."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con Inmigración (Office of Special Counsel for Immigration-Related Unfair Employment Practices, OSC por sus siglas en inglés) es responsable de hacer cumplir con la provisión anti- discriminación de la INA. La ley prohíbe, entre otras cosas, la discriminación por causa del estado de ciudadanía o el origen nacional de una persona cuando se contrata, se despide, se recluta o se recomienda por un honorario; el abuso de documentos; y las represalias o la intimidación.
Para más información sobre las protecciones contra la discriminación en el empleo bajo las leyes de inmigración, llame a la línea directa de la OSC para el trabajador, al 1-800-255-7688 (teléfono de texto 1-800-237-2515, para las personas con discapacidades auditivas), o a la línea directa de la OSC para el empleador, al 1-800-255-8155 (teléfono de texto 1-800-237-2515, para las personas con discapacidades auditivas); suscríbase a un seminario por internet gratis en www.justice.gov/crt/about/osc/webinars.php, envíe un correo electrónico a [email protected]; o visite el sitio del internet de OSC en www.justice.gov/crt/about/osc.
Los solicitantes o empleados que creen que han sido sometidos a requisitos documentarios diferentes por causa de su estado de ciudadanía, estado de inmigración u origen nacional, o discriminación por causa de su estado de ciudadanía, estado de inmigración u origen nacional, en la contratación, el despido, el reclutamiento o la recomendación por un honorario, deberán comunicarse a la línea directa de la OSC para el trabajador para recibir ayuda.
Eastern Kentucky Pharmacies and Treatment Programs to Pay Federal Government over One Million Dollars to Settle Allegations of Improper Record Keeping of Prescription DrugsRead the Press Release
The Pharmacies and Treatment Programs will no longer have authority to dispense prescription drugs
PIKEVILLE, KY -Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and James V. Allen, Acting Special Agent in Charge, Drug Enforcement Administration (DEA), jointly announced today that the federal government has reached settlements, worth more than a million dollars, with multiple Eastern Kentucky treatment programs and two pharmacies, to settle allegations that they failed to maintain accurate records of their controlled substances.
“The regulatory scheme governing the handling of controlled substances is designed to insure that these powerful drugs are used only for appropriate medical purposes,” said U.S. Attorney Harvey. “These vital safeguards are compromised and our communities are put at greater risk when medical professionals entrusted to prescribe or dispense these drugs do not meet their obligations under the Controlled Substances Act. The substantial penalties paid in these cases are consistent with the importance of strict compliance with the Controlled Substances Act by all DEA registrants.”
The Perry County Treatment Center, LLC; Pike County Treatment Center, LLC; and Paintsville Professional Associates, LLC, and one of its doctors, agreed to pay a total of $525,000 to settle claims that they violated the Controlled Substance Act. This is believed to be the largest penalty ever obtained by the U.S. Attorney’s Office in the Eastern District of Kentucky, in a civil case involving methadone treatment programs. Additionally, MedZone Pharmacy and Neighborhood Pharmacy, both in Prestonsburg, Ky., each agreed to pay $250,000 for similar violations. The facilities involved in the settlements surrendered their DEA registration number and will no longer have the authority to possess or dispense controlled substances.
The government contended that a DEA audit of the treatment programs and pharmacies revealed shortages and overages of prescription drugs and incomplete and inaccurate records. DEA agents found the facilities had improperly documented the type of drug, the dosage strength, the name of drugs, or the amount of the drugs they were dispensing. The investigations were initiated by the DEA’s London, Ky., office, after it had monitored drug sales data reported by distributors and wholesalers.
Under federal law, the DEA supplies medical professionals with a registration number that authorize them to possess, prescribe and dispense certain controlled substances, such as Methadone, Oxycodone, Hydrocodone, Lortab and others. The DEA also has the authority to perform audits and inspections to ensure that clinics, pharmacies and treatment programs properly document drug transactions, including the amount of controlled substances dispensed, discarded, and received.
Assistant U.S. Attorney Andrew Sparks litigated this case on behalf of the federal government.
Detroit One Collaboration Leads to Indictment of TwoAdditional Latin Count Gang Members on Racketeering ChargesRead the Press Release
A superseding indictment was unsealed yesterday charging Devin Dantzler, 23, of Ecorse, with using and carrying a firearm in furtherance of a crime of violence causing death and murder in aid of racketeering. Christopher Pierce, 20, of Detroit, was also charged with assault resulting in serious bodily injury in aid of racketeering announced Barbara L. McQuade.
McQuade was joined in the announcement by Paul M. Abbate, Special Agent in Charge of the FBI Detroit Field Office.
Specifically, the indictment alleges that several Latin Counts assaulted Mustafa Al-Yasiry, and Dantzler, in fact, shot and killed him at the Big Apple Market in southwest Detroit on April 18, 2014. According to the indictment, the Latin Counts gang operates in southwest Detroit and the downriver communities of Lincoln Park and Ecorse. The indictment alleges that seven defendants committed assaults, murder, selling illegal narcotics and stolen firearms, breaking and entering homes and businesses and robbery. The indictment alleges that the gang uses violence to stake out its “turf” and intimidate both rival gang members and the citizens of southwest Detroit.
Under the Detroit One Initiative, and through the lead efforts of the Detroit Police Department and the FBI Violent Crime Task Force, investigators were able to merge separate probes of various members of this organization and its activities into one encompassing investigation.
Detroit One is a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. By working collaboratively, local, state, and federal law enforcement is striving to maximize its ability to identify and arrest the persons and groups initiating the violence in Detroit.
Department of Justice Reaches Agreement with the Louisiana Supreme Court to Protect Bar Candidates with DisabilitiesRead the Press Release
The Justice Department announced today that it has entered into a settlement agreement with the Louisiana Supreme Court that will resolve the department’s investigation of the court’s policies, practices and procedures for evaluating bar applicants with mental health disabilities. The department’s investigation found that during the Louisiana bar admissions process licensing entities based recommendations about bar admission on mental health diagnosis and treatment rather than conduct that would warrant denial of admission to the bar.
The settlement agreement ensures the right of qualified bar applicants with mental health disabilities to have equal access to the legal profession as required by the Americans with Disabilities Act (ADA). It prohibits the court from asking unnecessary and intrusive questions about bar applicants’ mental health diagnosis or treatment. It also requires the court to refrain from imposing unnecessary and burdensome conditions on bar applicants with mental health disabilities, such as requests for medical records, compulsory medical examinations or onerous monitoring and reporting requirements. Title II of the ADA prohibits public entities, including licensing entities, from imposing unnecessary eligibility criteria that tend to screen out individuals with disabilities, or imposing unnecessary burdens on individuals with disabilities that are not imposed on others.
The department found that diagnosis and treatment, without problematic conduct, did not effectively predict future misconduct as an attorney and did not justify restrictions on admission. Yet the Louisiana bar admissions process imposed unnecessary burdens on applicants and attorneys based on their diagnosis and treatment, in violation of the ADA. Questions about mental health diagnosis and treatment, such as those used by Louisiana, are counterproductive to licensing entities’ interest in attorney fitness because individuals who would benefit from mental health treatment may be deterred from obtaining it by the knowledge that they will have to disclose their treatment to licensing authorities.
“Today’s agreement will ensure that qualified bar applicants with mental health disabilities are able to pursue their dream of becoming licensed attorneys, without discrimination based on diagnosis or treatment,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. “Qualified individuals with disabilities, including mental health disabilities, have valuable contributions to make to the legal profession and to their communities. Their diagnosis should not hinder or prevent them from doing so. Though bar licensing entities have the important responsibility of ensuring that all licensed attorneys are fit to practice law, licensing entities must discharge this responsibility in a manner that is consistent with civil rights laws.”
“This agreement is a testament to the United States Department of Justice’s commitment to fighting discrimination against persons with disabilities and further ensures that qualified individuals will have the opportunity to pursue their career goals and make valuable contributions to our community,” said U.S. Attorney Kenneth Allen Polite Jr. for the Eastern District of Louisiana. “The cooperation between the parties in reaching this agreement demonstrates a shared priority of protecting against discrimination.”
Under the agreement, the court will, among other actions:
• Revise its character and fitness screening questions so that they focus on applicants’ conduct or behavior, and ask about an applicant’s condition or impairment only when it currently affects the applicant’s ability to practice law in a competent, ethical and professional manner or is disclosed to explain conduct that may otherwise warrant denial of admission;
• Refrain from imposing unnecessary burdens on applicants with mental health disabilities by placing onerous disability-based conditions on their admission, invading their privacy, or violating their confidentiality;
• Re-evaluate prior and pending applications of applicants who disclosed mental health disabilities under the revised, non-discriminatory procedures set forth in the agreement; and
• Pay $200,000 to compensate a number of affected bar applicants and attorneys.
Since the department’s letter of findings concluding that the court was in violation of Title II of the ADA was issued in February, the court has worked cooperatively with the department to negotiate an agreement and to implement corrective measures.
The department has also raised issues about unnecessary bar application questions related to mental health disabilities with the states of Vermont and Connecticut and with the National Council of Bar Examiners (NCBE). The NCBE revised two of its questions about mental health on February 24, 2014.
More information about this settlement agreement and the obligations of licensing entities under the ADA may be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
Department of Justice Closes Criminal Investigation of April 2010 Explosion at Tesoro Refinery with No ChargesRead the Press Release
The United States Department of Justice today closed the criminal investigation arising from the April 2010 explosion at the Tesoro Anacortes refinery that resulted in the deaths of seven Tesoro employees. Shortly after the explosion, federal criminal investigators and prosecutors began an extensive investigation to determine whether federal criminal environmental and worker safety laws and regulations had been violated. The decision to close the case with no criminal charges was shared with the survivors of the victims this morning.
“This tragedy demanded careful and thorough investigation. I am satisfied that the investigators and the experienced environmental attorneys in my office evaluated all the evidence and determined it does not reach the exacting bar for criminal prosecution,” said U.S. Attorney Jenny A. Durkan. “I believe this investigation, as well as those conducted by other agencies, have prompted changes in how the industry conducts itself. We will continue to work with the Chemical Safety Board to ensure a more expedited investigative process to ensure the public is served, the industry is held accountable and justice is done.”
The four year investigation included interviewing past and present employees, reviewing thousands of documents, and consulting with industry experts. In addition, investigators and prosecutors reviewed investigative reports prepared by other investigative authorities, including the United States Chemical Safety and Hazard Investigation Board and the Washington State Department of Labor and Industries. Based on information developed through these investigative efforts, the Department of Justice has concluded there is insufficient evidence to support bringing criminal charges for violating federal environmental and worker safety laws and regulations.
To the extent the investigation uncovered practices or procedures that risked worker safety or the environment, that information was communicated to the company so necessary improvements could be implemented.
Department of Justice Reaches Agreement with the Louisiana Supreme Court to Protect Bar Candidates with DisabilitiesRead the Press Release
The Justice Department announced today that it has entered into a settlement agreement with the Louisiana Supreme Court that will resolve the department’s investigation of the court’s policies, practices and procedures for evaluating bar applicants with mental health disabilities. The department’s investigation found that during the Louisiana bar admissions process licensing entities based recommendations about bar admission on mental health diagnosis and treatment rather than conduct that would warrant denial of admission to the bar.
The settlement agreement ensures the right of qualified bar applicants with mental health disabilities to have equal access to the legal profession as required by the Americans with Disabilities Act (ADA). It prohibits the court from asking unnecessary and intrusive questions about bar applicants’ mental health diagnosis or treatment. It also requires the court to refrain from imposing unnecessary and burdensome conditions on bar applicants with mental health disabilities, such as requests for medical records, compulsory medical examinations or onerous monitoring and reporting requirements. Title II of the ADA prohibits public entities, including licensing entities, from imposing unnecessary eligibility criteria that tend to screen out individuals with disabilities, or imposing unnecessary burdens on individuals with disabilities that are not imposed on others.
The department found that diagnosis and treatment, without problematic conduct, did not effectively predict future misconduct as an attorney and did not justify restrictions on admission. Yet the Louisiana bar admissions process imposed unnecessary burdens on applicants and attorneys based on their diagnosis and treatment, in violation of the ADA. Questions about mental health diagnosis and treatment, such as those used by Louisiana, are counterproductive to licensing entities’ interest in attorney fitness because individuals who would benefit from mental health treatment may be deterred from obtaining it by the knowledge that they will have to disclose their treatment to licensing authorities.
“Today’s agreement will ensure that qualified bar applicants with mental health disabilities are able to pursue their dream of becoming licensed attorneys, without discrimination based on diagnosis or treatment,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. “Qualified individuals with disabilities, including mental health disabilities, have valuable contributions to make to the legal profession and to their communities. Their diagnosis should not hinder or prevent them from doing so. Though bar licensing entities have the important responsibility of ensuring that all licensed attorneys are fit to practice law, licensing entities must discharge this responsibility in a manner that is consistent with civil rights laws.”
“This agreement is a testament to the United States Department of Justice’s commitment to fighting discrimination against persons with disabilities and further ensures that qualified individuals will have the opportunity to pursue their career goals and make valuable contributions to our community,” said U.S. Attorney Kenneth Allen Polite Jr. for the Eastern District of Louisiana. “The cooperation between the parties in reaching this agreement demonstrates a shared priority of protecting against discrimination.”
Under the agreement, the court will, among other actions:
- Revise its character and fitness screening questions so that they focus on applicants’ conduct or behavior, and ask about an applicant’s condition or impairment only when it currently affects the applicant’s ability to practice law in a competent, ethical and professional manner or is disclosed to explain conduct that may otherwise warrant denial of admission;
- Refrain from imposing unnecessary burdens on applicants with mental health disabilities by placing onerous disability-based conditions on their admission, invading their privacy, or violating their confidentiality;
- Re-evaluate prior and pending applications of applicants who disclosed mental health disabilities under the revised, non-discriminatory procedures set forth in the agreement; and
- Pay $200,000 to compensate a number of affected bar applicants and attorneys.
Since the department’s letter of findings concluding that the court was in violation of Title II of the ADA was issued in February, the court has worked cooperatively with the department to negotiate an agreement and to implement corrective measures.
The department has also raised issues about unnecessary bar application questions related to mental health disabilities with the states of Vermont and Connecticut and with the National Council of Bar Examiners (NCBE). The NCBE revised two of its questions about mental health on February 24, 2014.
More information about this settlement agreement and the obligations of licensing entities under the ADA may be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
Defendants Arraigned on Charges of Conspiracy, Filing False Tax Returns, and Filing False Claims with the I.R.S.Read the Press Release
Damian Jackson and Holly Jackson, of Sterling Heights, Michigan, were arraigned today on charges of conspiracy, filing false tax returns, and filing false claims with the Internal Revenue Service, announced United States Attorney Barbara McQuade.
McQuade was joined in the announcement by Jarod Koopman, Acting Special Agent of the Detroit Field Office of the Internal Revenue Service Criminal Investigation.
According to court documents, Damian Jackson owns Diamond & Associates Enterprises, Inc. and he and Holly Jackson did business as Diamond Tax Services, offering tax preparation services to their clients. Beginning in approximately April 2009 and continuing through April 2010, the Jacksons conspired with one another to defraud the United States by filing false claims for federal income tax refunds for their clients. The Jacksons are also accused of filing false federal income tax returns for themselves.
The Jacksons helped others to obtain payment of false claims for refunds from the Internal Revenue Service (IRS) by preparing and submitting U.S. Income Tax Returns (Forms 1040), falsely claiming substantial 1099-OID income and withholding taxes and claiming refunds. The Jacksons caused more than $1,076,969 in false and fraudulent income tax refund claims to be filed with the IRS. The Jacksons received fees from their clients for preparing the false returns as well as receiving a percentage of the false refunds they caused.
The court documents also allege that the Jacksons filed false Individual Income Tax returns for themselves for the 2007 and 2008 tax years claiming false income tax withholding and requesting refunds of more than $1,045,625 which they knew they were not entitled to. Additionally, Holly Jackson filed a false income tax return for the 2009 tax year, claiming a refund of $141,795, knowing that the claim was false.
“The Jacksons went to elaborate lengths to steal money from the American taxpayers, who are the ultimate victim when anyone commits a tax crime. IRS Criminal Investigation focuses on identifying, investigating and prosecuting abusive return preparers. Every taxpayer should be reminded to exercise caution when selecting a return preparer since it is the taxpayer that is ultimately responsible for the content of their return and the repayment of a fraudulent refund, along with any penalties and interest,” said Acting Special Agent in Charge Jarod Koopman.
This case was investigated by special agents of the Internal Revenue Service Criminal Investigation and is assigned to the White Collar Crime Unit of the United States Attorney’s Office.
Dearborn Heights Woman Pleads Guilty to Filing A False Tax ReturnRead the Press Release
Janey Golani, 54, of Dearborn Heights, Michigan pleaded guilty on August 14, 2014 to willfully filing false tax returns, United States Attorney Barbara L. McQuade announced today.
McQuade was joined in the announcement by Jarod Koopman, Acting Special Agent of the Detroit Field Office of the Internal Revenue Service Criminal Investigation.
Golani entered the guilty plea in United States District Court before Judge Stephen J. Murphy, III. According to the court records, Golani was employed by Hind Oram as the office manager of several companies she owned. The information presented to the court at the time of the plea showed that from 2006 through 2009, Golani began embezzling money from her employer which she used for her personal benefit.
Golani knew that the income from the monies she embezzled was reportable as taxable income on her federal income tax returns. However, she intentionally failed to report this income. Golani filed a 2008 Individual Income Tax Return, Form 1040, knowing that the return was not true and correct and that the amount of income reported on the return was understated by approximately $234,641. By failing to report the embezzlement income, Golani reduced her tax liability by $77,072. Overall, Golani failed to report the embezzled funds on her 2006, 2007, 2008 and 2009 federal income tax returns causing a tax loss of more than $225,000.
“The Internal Revenue Tax Code is clear; income that is derived from illegal sources is subject to income tax. Ms. Golani stole from her employer and filed false tax returns, both serious crimes for which she is being held accountable,” said Acting Special Agent in Charge Koopman.
Sentencing is scheduled for January 9, 2015 at 10 a.m. in front of the Hon. Stephen J. Murphy, III
The case is being prosecuted by Assistant U.S. Attorney Ross MacKenzie. The case was investigated by Special Agents of the Internal Revenue Service Criminal Investigation.
Davenport Man Sentenced on Federal Drug Trafficking OffenseRead the Press Release
DAVENPORT, IA – On August 15, 2014, Michael Taylor, age 42, of Davenport, Iowa, was sentenced by United States District Judge John A. Jarvey for possession with intent to distribute at least 28 grams of cocaine base, and being a felon-in-possession of a firearm and ammunition, announced United States Attorney Nicholas A. Klinefeldt. Taylor was sentenced to 180 months imprisonment on the drug count and 120 months imprisonment on the firearm count, the sentences to run concurrently. He was also ordered to serve four years supervised release on the drug count and three years on the firearm count, concurrently, following the imprisonment and to pay $200 towards the Crime Victims Fund.
Over the course of many years, beginning in the mid-2000’s and continuing until about September 25, 2013, Taylor distributed cocaine base (“crack cocaine”) in the Davenport, Iowa area. During September 2013, law enforcement utilized a confidential informant to complete a series of controlled purchases of crack cocaine from Taylor while under law enforcement surveillance. Immediately after the final controlled purchase on September 25, police arrested Taylor and he had with him both crack cocaine and currency used to complete the controlled purchase.
On September 25, 2013, law enforcement officers executed search warrants for two residences associated with Taylor. At one residence, agents located, among other things, approximately 105 grams of crack cocaine, a loaded .357 Magnum revolver, $6,430 in U.S. currency, and a digital scale. Prior to his possession of the firearm on September 25, Taylor had been convicted of several crimes punishable by imprisonment exceeding one year.
This case was investigated by the Davenport, Iowa, Police Department, the Iowa Department of Narcotics Enforcement, and the U.S. Drug Enforcement Administration. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Davenport Man Sentenced on Federal Drug Trafficking OffenseRead the Press Release
DAVENPORT, IA – On August 15, 2014, Jose Antonio Garcia, age 44, of Davenport, Iowa, was sentenced by United States District Judge John A. Jarvey for possession with intent to distribute cocaine announced United States Attorney Nicholas A. Klinefeldt. Garcia was sentenced to 108 months imprisonment. He was also ordered to serve three years of supervised release following the imprisonment and to pay $100 towards the Crime Victims Fund.
Over the course of many years, beginning in the early 2000’s and continuing until about June 17, 2013, Garcia distributed cocaine in the Davenport, Iowa, area. On June 17, 2013, law enforcement officers executed a search warrant for a residence associated with Garcia and his spouse, co-defendant Leann Perez. At that residence agents located, among other things, over one-half kilogram cocaine, digital scales, and packaging material.
This case was investigated by the Davenport, Iowa, Police Department and the Iowa Department of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
DC Man Sentenced to 30 Years and 1 Day for A String of Jewelry Store Robberies in Baltimore, Spotsylvania and RichmondRead the Press Release
RICHMOND, Va. – Lamar Keith Garvin, 49 years old, of Washington, D.C., was sentenced today to 30 years and 1 day in prison for his role in a string of armed jewelry store robberies.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; and Carl J. Vasilko, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Washington Field Division, made the announcement after the sentence was imposed by United States District Judge John A. Gibney.
A federal grand jury indicted Garvin on August, 20, 2013, on charges of Attempted Interference with Commerce by Robbery and Using and Carrying a Firearm During and In Relation to a Felony Crime of Violence arising out of the January 12, 2013, attempted robbery of the Zales Jewelry Store at Spotsylvania Towne Center. He was arrested on November 4, 2013 and held without bond pending trial. On January 21, 2014, a federal grand jury returned a superseding indictment charging Conspiracy to Interfere with Commerce by Robbery, three additional counts of Interference with Commerce by Robbery and a second charge of Using, Carrying and Brandishing a Firearm During and In Relation to a Felony Crime of Violence.
On May 12, 2014, after opening statements on day-one of his jury trial, Garvin pled guilty to all of the charges in the superseding indictment.
In a proffer of facts made in support of the plea, Garvin admitted that he had committed the crimes charged in the superseding indictment. Specifically, Garvin admitted that between September 2012 and March 25, 2013, he and his coconspirators agreed to rob a number of jewelry stores in the Baltimore, Maryland and Spotsylvania and Richmond, Virginia areas. Garvin admitted that on September 12, 2012, he and Michael Richardson robbed the Zales Jewelry Store in Baltimore County, Maryland and stole approximately $115,499 worth of jewelry. Garvin further admitted that on November 13, 2012, he, Richardson and another coconspirator robbed at gun point the Kay Jewelers in Short Pump Mall, in Henrico County, and stole approximately $341,718 worth of jewelry. Garvin further admitted that on January 12, 2013, he, Richardson and Veronica Smith attempted to rob the Zales at the Spotsylvania Towne Center, but their attempt was foiled by a clerk who apprehended Michael Richardson. Richardson was armed with a firearm during that robbery attempt. Garvin further admitted that on February 18, 2013, he and two other coconspirators robbed the Littman Jewelers in Short Pump Mall, Henrico, County, at gun point and stole $125,000 worth of jewelry. Garvin admitted also that on March 25, 2013, he and two coconspirators robbed the Fink’s Jewelers located at Stony Point, in Richmond, Virginia at gunpoint, and stole approximately $400,000 worth of jewelry.
Two of Garvin’s coconspirators, Michael Richardson, 49, of Washington, D.C., and Veronica Smith, 54, of Washington, D.C. were sentenced earlier this year for their roles in the robberies. Richardson was sentenced to 15 years for his role in three robberies. Smith, who was only involved in one attempted robbery, was sentenced to 87 months of imprisonment.
This case was investigated by the ATF, Henrico County Police Department, Spotsylvania County Sheriff’s Department and the City of Richmond Police Department. Assistant United States Attorney Olivia L. Norman is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:13-cr-141.
Crittenden County, Kentucky, Felon Sentenced to 15 Years in Prison for Possession and Distribution of MethamphetamineRead the Press Release
– Maintained a home in Marion for the purposes of manufacturing, storing and selling Meth
PADUCAH, Ky. – A Crittenden County, Kentucky, convicted felon was sentenced in U.S. District Court this week, by Senior Judge Thomas B. Russell, to 15 years in prison followed by five years of supervised release for multiple charges related to the possession and distribution of methamphetamine announced David J. Hale, United States Attorney for the Western District of Kentucky.
Barry Kenton Beard remains in the custody of the U.S. Marshals Service following sentencing yesterday in Paducah. Beard pleaded guilty to all four charges in the federal indictment on May 15, 2014. According to the plea agreement, Beard admitted that between August 2012, and December 15, 2012, he conspired with others, including Crystal Green and Mitch Duckett, to possess with the intent to distribute 50 grams or more of methamphetamine. Further, Beard admitted that he knowingly aided in the maintenance and use of a home located on Tom Miner Road in Marion, Kentucky, for the purpose of storing and distributing methamphetamine. Beard also admitted to being a convicted felon in possession of a DPMS model A15, .223 semi-automatic rifle. In September, 2010, Beard was convicted in Crittenden County Circuit Court of fleeing or evading police, possession of a controlled substance and tampering with physical evidence. In August, 2004, Beard was convicted of aggravated assault in the 4th degree (spouse abuse) in Crittenden County Circuit Court.
If convicted at trial, Beard could have been sentenced to a combined minimum sentence of ten years in prison and up to and including a maximum sentence of life in prison.
This case was prosecuted by Assistant United States Attorney Mac Shannon and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kentucky State Police.
Council Bluffs Doctor Sentenced on Federal Child Pornography ChargesRead the Press Release
COUNCIL BLUFFS, IA – On August 15, 2014, Dennis Seaborn Jones, age 69, of Council Bluffs, Iowa, was sentenced to 121 months in prison on federal child pornography charges in U.S. District Court for the Southern District of Iowa , announced United States Attorney Nicholas A. Klinefeldt. Dr. Jones was also ordered to serve ten years of supervised release after imprisonment, to pay a $100,000 fine, and to pay $100 to the Crime Victims Fund.
Jones pled guilty on May 23, 2014, to knowingly possessing child pornography that included images of a prepubescent child or children under 12 years of age. On May 16, 2013, officers of the Council Bluffs, Iowa, Police Department executed a search warrant at Jones’ residence in Council Bluffs. During forensic analysis of seized computers, external hard drives and other electronic equipment, law enforcement located an estimated 1.2 million images and 9,200 videos of child pornography, including pornography containing minors engaged in sexually explicit conduct.
At the time of the plea of guilty, Jones was a duly licensed pediatrician who practiced in a clinic in Council Bluffs, Iowa.
The case was investigated by law enforcement agents with the Council Bluffs, Iowa, Police Department and the Iowa Division of Criminal Investigations. The case was prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa.
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Convicted Drug Trafficker Arrested and Detained in Federal Custody for Allegedly Attempting to Possess A Kilo of Cocaine with the Intent to DistributeRead the Press Release
PROVIDENCE, R.I. – Jose Ignacio Goris, 39, of Providence, was ordered detained in federal custody today, charged with attempt to possess with the intent to distribute 500 grams or more of cocaine. Goris was arrested on Thursday by DEA Drug Task Force agents moments after he allegedly took custody of what he believed to be a kilogram of cocaine supplied to him by a person he believed to be a drug trafficker. The purported drug trafficker was an undercover DEA Drug Task Force agent.
Goris’ arrest and detention were announced by United States Attorney Peter F. Neronha and Michael Ferguson, Acting Special Agent in Charge of the Drug Enforcement Administration’s New England field division. Goris was ordered detained by U.S. District Court Magistrate Judge Lincoln D. Almond.
According to information presented to the court, Goris was previously convicted in federal court on drug trafficking charges.
According to an affidavit in support of an arrest warrant and criminal complaint filed with the court, it is alleged that beginning in early May, Goris and an undercover agent posing as a large-scale cocaine supplier from New Jersey engaged in a series of electronically monitored telephone conversations and meetings. Goris allegedly represented that he had engaged in distributing kilograms of cocaine for a long time and requested that the undercover agent supply him with multiple kilograms of cocaine.
According to the affidavit, Goris and the agent met early Thursday afternoon in Warwick, at which time Goris was shown two sham kilograms of cocaine that were hidden inside a secret compartment of an undercover vehicle. After allegedly examining the cocaine and agreeing to a negotiated price of $33,000 for a kilogram of the cocaine, Goris allegedly indicated to the agent that he was leaving to get the funds to purchase a kilogram of cocaine. He allegedly requested that they meet later in the day, closer to Providence.
According to the affidavit, during a telephone conversation late Thursday afternoon, Goris and the undercover agent agreed to meet inside a Cranston home-improvement store. After allegedly renegotiating terms of the transaction, including a price of $35,000 for a kilogram of cocaine, the agent directed Goris to a vehicle in the parking lot which he told Goris contained a bag with a kilogram of cocaine. Goris was arrested by members of the Drug Task Force moments after he allegedly retrieved the bag from the vehicle.
The case is being prosecuted by Assistant U.S. Attorneys Paul F. Daly, Jr. and Ly T. Chin.
West Warwick Police assisted the DEA Drug Task Force in the investigation of this matter.
The DEA Drug Task Force is comprised of agents and law enforcement officers from the DEA, ATF, IRS, Homeland Security Investigations, Rhode Island State Police and Cranston, East Providence, Pawtucket, Providence, Newport, South Kingstown, Warwick and Woonsocket Police Departments.
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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]Conspirator Pleads Guilty in Scheme Involving Sex Trafficking of A MinorRead the Press Release
Baltimore, Maryland – Charles Hufton, age 26, formerly of Cockeysville, Maryland, pleaded guilty today to conspiracy to commit sex trafficking of a minor.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, in January of 2013, Hufton, a doorman at a nightclub in Baltimore, and co-defendant Rodney Hubert, a registered sex offender in Maryland, recruited girls, some of whom were underage, to engage in prostitution.
Hubert sought a 19-year-old associate to work as a prostitute beginning in December 2012. Hufton and Hubert offered her a commission to recruit a 16-year-old Baltimore resident to perform prostitution. Hubert invited the 16 year old to reside with him. The 16 year old girl had sex with customers on at least five occasions in a Parkville house provided by Hubert, and on at least seven occasions at other locations.
Hubert offered to pay the 16 year old girl $400 dollars to take provocative photos of her wearing lingerie. She posed for the photos, although Hubert never paid her the promised fee. Hufton and Hubert did, however, use these photos to post online prostitution ads. Hufton used his smartphone and email address to create and post online ads for the females’ commercial sex.Hufton and Hubert advertised online that the 16 year old would prostitute at both the Parkville house, as well as other locations of prospective clients. Hufton drove the prostitutes, including the 16 year old, to “out-call” locations and collected a portion of their earnings.
As part of his plea agreement, Hufton must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).Hufton faces a maximum sentence of life in prison. U.S. District Judge George L. Russell III scheduled sentencing for October 24, 2014, at 2:00 p.m.
Rodney Hubert, a/k/a “Noah,” age 39, of Parkville, Maryland previously pleaded guilty to sex trafficking of a minor. Hubert and the government have agreed that if the Court accepts the plea agreement, Hubert will be sentenced to between 168 and 262 months in prison followed by a lifetime of supervised release. Judge Russell scheduled Hubert’s sentencing on September 11, 2014 at 9:30 a.m.
The case was investigated by the FBI-led Maryland Child Exploitation Task Force (MCETF), created in 2010 to combat child prostitution, with members from10 state and federal law enforcement agencies. The Task Force coordinates with the National Center for Missing and Exploited Children and the Maryland State Police Child Recovery Unit to identify missing children being advertised online for prostitution.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
United States Attorney Rod J. Rosenstein praised the FBI, Baltimore County Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation, and thanked Assistant U.S. Attorney Mark W. Crooks, who is prosecuting the case.Buffalo Man Sentenced for Clean Air Act Violation Related to the Kensington Towers ProjectRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Ernest Johnson, 42, of Buffalo, N.Y., who was convicted of violating the Clean Air Act Asbestos Work Practice Standards, was sentenced to two years of probation by U.S. District Court Judge Richard J. Arcara.
Assistant U. S. Attorney Aaron J. Mango and Russell T. Ippolito, Jr., who handled the case, stated that the defendant was the president of Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.
During the asbestos abatement of building A-1, the defendant, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by failing to adequately wet Regulated Asbestos during stripping and removal operations and by failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers. The defendant also caused Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.
This is the fourth defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Rai Johnson, other defendants who have plead guilty include JMD project monitors Brian Scott, Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.
The conviction was the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge, William V. Lometti; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.Booster Sentenced to Two Years in Prison for Fraud SchemeRead the Press Release
Stole Merchandise from Retail Stores and Exchanged the Stolen Items for Gift Cards
Baltimore, Maryland – U.S. District Judge George L. Russell III sentenced Steven Riley, age 50, of Baltimore, today to two years in prison, followed by three years of supervised release, for wire fraud conspiracy and money laundering. Judge Russell also entered an order requiring Riley to pay restitution of $400,000.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Brian Murphy of the United States Secret Service - Baltimore Field Office.
According to his plea agreement, from January 2009 to February 2013, Riley, Melissa Perry, Deanna Lynch, Mohamed Al-Omeri, Mark Brunelle, and others, were “boosters.” A “booster” is a person who steals for a living, then sells the stolen items to someone else, usually for a discounted price. Boosters often work in groups, as in this case.
Riley and others stole merchandise from large retail stores throughout Baltimore, Anne Arundel, Prince George’s, Howard and Harford Counties in Maryland, as well as Virginia, Pennsylvania and Delaware. Riley and the other boosters then returned the stolen items in exchange for store gift cards. They used modified Maryland driver’s licenses that contained the personal identifier information of actual persons, without those persons’ knowledge, when returning the stolen items without a receipt. Sometimes the boosters paid neighborhood drug addicts to borrow their licenses for theft/return sprees, for which they paid the addicts between $20 and $25. From January 2011 until April 2012, Riley made 185 fraudulent returns to Home Depot stores in Maryland, causing an actual loss of $37,033.51. These were transactions during which Riley used a modified version of his actual Maryland driver’s license and does not account for fraudulent returns that were executed using “borrowed” driver’s licenses.
Co-conspirator John Tadros owned Busy Bees Convenience Mart located at 335 South Monroe Street, and J&J’s Bar and Liquor located at 1801 Ramsay Street, both in Baltimore. Tadros bought the fraudulently obtained gift cards from the boosters for 50% of the card’s value. Tadros told the boosters to target specific stores at specific locations, and advised them of the best days to steal merchandise and the manner by which they modified their Maryland driver’s licenses. Tadros also collected the welfare benefit debit cards of some of the boosters which he held as collateral if he deemed that the boosters owed him money, and returned the benefit cards to the boosters for 50% of the card’s value. Tadros used the gift cards to purchase personal home goods, and supplies for his businesses and rental properties.
On February 27, 2013, the U.S. Secret Service executed a search warrant and seized 32 fraudulently obtained gift cards from Tadros’ home. Agents also seized 329 retail store receipts from Busy Bee, for purchases made with fraudulently obtained gift cards.
The actual loss to retailers in Maryland caused by the scheme is at least $401,326.12.
John Tadros, age 45, of Baltimore, Melissa Perry, age 34; Deanna Lynch, age 44; Mohamed Al-Omeri, age 39; and Mark Brunelle, age 47, previously pleaded guilty to their participation in the scheme. Tadros was sentenced to 58 months in prison and ordered to pay $400,000 in restitution. Brunelle was sentenced to 51 months in prison and ordered to pay over $210,000 in restitution. Perry and Lynch were sentenced to 30 months and 18 months in prison, respectively, and were ordered to pay restitution of $401,326.12. Al-Omeri was sentence to one year of probation and ordered to pay restitution of $35,000.
United States Attorney Rod J. Rosenstein praised the U.S. Secret Service - Baltimore Field Office for its work in the investigation, and commended the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office for its assistance. Mr. Rosenstein thanked Assistant United States Attorney Mark W. Crooks, who prosecuted the case.
Big Game Hunting Outfitter Pleads Guilty to Felony Conspiracy Charge in Connection with Illegal Mountain Lion and Bobcat Hunting ActivitiesRead the Press Release
Christopher W. Loncarich, 55, of Mack, Colorado, pleaded guilty in federal court in Denver to a felony conspiracy charge stemming from his sale of outfitting services for illegal mountain lion and bobcat hunts in Colorado and Utah, the Justice Department announced.
Loncarich pleaded guilty to one count of conspiracy to violate the Lacey Act. The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife that has been taken or possessed in violation of state laws or regulations.
According to an indictment returned by the grand jury for the District of Colorado on Jan. 7, 2014, and the plea agreement, Loncarich conspired with others to provide numerous illegal hunts of mountain lions and bobcats in Colorado and Utah from 2007 to 2010. In particular, Loncarich and his confederates trapped, shot and caged mountain lions and bobcats prior to hunts in order to provide easier chases of the cats for clients. Loncarich also admits that he and his assistants guided several hunters that did not possess a Utah mountain lion or bobcat license on mountain lion or bobcat hunts in Utah. Loncarich’s base of operations in Mack, Colorado, is approximately five miles from the Utah-Colorado border. Loncarich sold mountain lion hunts for between $3,500 and $7,500 and bobcat hunts for between $700 and $1,500 and shared a portion of the proceeds from successful hunts with his assistant guides.
Three of Loncarich’s assistant guides have previously pleaded guilty to Lacey Act violations in connection with their guiding activities with Loncarich. On July 30, 2014, Loncarich’s lead assistant guide, Nicholaus J. Rodgers, pleaded guilty to felony conspiracy to violate the Lacey Act in connection with his work for Loncarich.
The maximum penalty for conspiring to violate the Lacey Act is five years in prison and a $250,000 fine. Under the terms of the plea agreement, the prosecution agreed to a sentencing calculation pursuant to the advisory United States Sentencing Guidelines but did not agree on a term of imprisonment, an amount of fines or an amount of restitution. A sentencing hearing for Loncarich is set for Nov. 20, 2014.
The case was investigated by the U.S. Fish & Wildlife Service, Colorado Parks and Wildlife and the Utah Division of Wildlife Resources. The case is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.Battle Ground Resident Sentenced to 15 Years in Prison for Making Images of Child MolestationRead the Press Release
A 46-year-old Battle Ground, Washington man was sentenced today to 15 years in prison and lifetime supervised release for production of child pornography, announced U.S. Attorney Jenny A. Durkan. DAVID P. HARLAN, 46, pleaded guilty in January 2014. He has been serving a six and a half year state sentence for child molestation since May 2014. His federal sentence will run concurrent with the state sentence. At his sentencing hearing U.S. District Judge Ronald B. Leighton told him, “This is a serious offense, with tragic consequences. The sentence here needs to deter conduct like this by you or by like-minded people.”
According to records filed in the case, U.S. Immigration and Customs Enforcement (ICE) agents in Portland, Oregon were alerted by German authorities that someone at a particular IP address in the Vancouver, Washington, area was distributing child pornography using peer-to-peer file sharing software. HARLAN was identified as the person controlling the computers at the IP address. A court authorized search warrant was served on HARLAN’s Battle Ground home in March 2010. Ten computers, numerous DVDs, hard drives and cameras were seized from the residence. Forensic analysis discovered more than 5,300 images and 183 movie files of children engaged in sexually explicit conduct. Some of the child pornography was of victims already identified by the Center for Missing and Exploited Children. However, investigators determined that some of the pornographic pictures had been taken of young children whose parents were friends of HARLAN. In one instance the photos had been taken when the child was about 5-years-old, and her mother was busy in the kitchen.
“This case is a sad reminder that most children are victimized by someone they know and trust,” said Brad Bench, special agent in charge of HSI Seattle. “Fortunately, through this investigation that began halfway around the world in Germany, HSI and its local partners have put an end to Harlan’s sexual abuse of children.”
The case was investigated by U.S. Immigration and Customs Enforcement (ICE) and the Battle Ground Police Department. The case was prosecuted by Assistant United States Attorney David Reese Jennings.
Albert Einstein Healthcare and Fornance Physician Services Agree to Settlement of Voluntary DisclosureRead the Press Release
The United States announces that it has settled claims under the False Claims Act with Albert Einstein Healthcare Network and Fornance Physician Services for improperly billing federal health care programs for services submitted on behalf of Dr. Roman. Einstein and Fornance voluntarily disclosed the allegations and have agreed to pay $ 348,854.00 to resolve the matter.
According to the self-disclosure and the investigation that followed, between November 10, 2010 and January 25, 2012 bills were submitted to federal health care programs for services that were allegedly performed by Dr. Roman and were actually performed by resident physicians where Dr. Roman was not appropriately performing teaching physician services; bills were submitted for services performed by Dr. Roman where there was not sufficient documentation to support the billable service; and some bills were submitted that were upcoded. The United States alleges that false claims were submitted to the government. After it discovered the problem, Einstein and Fornance took corrective action to resolve the improper payments, and disclosed the matter to the United States Attorney’s Office.
This matter was handled by Department Health and Human Services Office of the Inspector General, including Attorney Katherine Matos and AATS Audit Manager Bernard Siegel with the Office of Audit Services, and Assistant United States Attorney Susan Dein Bricklin.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Accused Russian Hacker Ordered Held Pending TrialRead the Press Release
Accused Russian hacker ROMAN SELEZNEV was ordered detained in federal custody today pending trial scheduled for October 2014. SELEZNEV’s attorneys had asked the court to release him to a furnished apartment in Seattle on a $1 million bond secured by $100,000 in cash, and to essentially place him on house arrest with electronic home monitoring and no access to computers. Magistrate Judge James P. Donohue rejected the defense proposal, however, noting that SELEZNEV has no ties to the Western District of Washington, was a frequent international traveler, has large amounts of money in bank accounts around the world, and is computer savvy enough to create false identity documents which would allow him to flee.
“Today was another important step in ensuring the charges against this defendant are tried in this community,” said U.S. Attorney Jenny A. Durkan. “The defendant is entitled to every protection offered by our system, but will be afforded no special privileges. Our investigation into the scope of defendant's actions is ongoing.”
During the hearing, prosecutors revealed that a laptop computer seized from SELEZNEV at the time of his arrest contains 2.1 million stolen credit card numbers. The forensic analysis of the computer also shows that in the days before his arrest SELEZNEV was searching the electronic filing system for the United States federal courts looking for his name or online nicknames in any federally filed cases.
Background on the case
Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia, was indicted by a federal grand jury in the Western District of Washington on March 3, 2011, and the indictment was unsealed on July 7, 2014. Seleznev is charged in connection with operating several carding forums, which are websites where criminals gather to sell stolen credit card numbers, and hacking into retail point of sale systems and installing malicious software on the systems to steal credit card numbers.According to the allegations in the indictment, Seleznev hacked into retail point of sale systems to steal credit card numbers between October 2009 and February 2011. Seleznev also created and operated infrastructure using servers located all over the world to facilitate the theft and sale of credit card data and host carding forums. Seleznev is charged with 29 counts: five counts of bank fraud, eight counts of intentionally causing damage to a protected computer, eight counts of obtaining information from a protected computer without authorization, one count of possession with intent to defraud of 15 or more unauthorized access devices (stolen credit card numbers), two counts of trafficking in unauthorized access devices and five counts of aggravated identity theft.
The case is being investigated by the U.S. Secret Service Electronic Crimes Task Force, which includes detectives from the Seattle Police Department. The case is being prosecuted by Assistant United States Attorneys Norman M. Barbosa and Seth Wilkinson of the Western District of Washington and Trial Attorney Ethan Arenson of the Criminal Division’s Computer Crime and Intellectual Property Section. The Criminal Division’s Office of International Affairs and the U.S. Attorney’s Office for the District of Guam provided substantial assistance.
Seleznev has also been charged in an indictment filed in the District of Nevada that was returned on Jan. 10, 2012, and unsealed on Nov. 13, 2013, alleging that he participated in a racketeer influenced corrupt organization, conspired to engage in a racketeer influenced corrupt organization, and possessed counterfeit access devices. Seleznev, referenced as “Track2” in the indictment, and 54 others are charged with being members of the “Carder.su” organization which allegedly trafficked in compromised credit card account data and counterfeit identifications and committed money laundering, narcotics trafficking, and various types of computer crime. Seleznev allegedly operated a website that sold stolen credit card information to members of the Carder.su organization. Thus far, at least 25 of the defendants have been convicted, and several others are fugitives.
The Nevada investigation is being handled by Immigration and Customs Enforcement – Homeland Security Investigations and the U.S. Secret Service. The Nevada case is being prosecuted by Assistant United States Attorneys Kimberly M. Frayn and Andrew W. Duncan of the District of Nevada and Trial Attorney Jonathan Ophardt of the Criminal Division’s Organized Crime and Gang Section.
The charges contained in the indictments are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Abilene, Texas, Man Admits Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — Justin Turcheck, 29, of Abilene, Texas, pleaded guilty this morning before U.S. District Judge Sam R. Cummings to one count of possession of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Turcheck, who is on bond, faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report.
Turcheck admitted that in mid-June 2012, he possessed an external hard drive that contained numerous images of child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
resources.” U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Abilene Police Department, and the Air Force Office of Special Investigations investigated the case. Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, is in charge of the prosecution.
Thursday 14 August 2014
Wilkes-Barre Man Sentenced to 65 Months’ Imprisonment for Conspiracy to Distribute CocaineRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that yesterday Senior United States District Court Judge A. Richard Caputo has sentenced Richard Hall, age 38, of Wilkes-Barre, Pennsylvania, to 65 months’ imprisonment for his involvement in a conspiracy to distribute cocaine hydrochloride and cocaine base (crack) between 2009 and April 2013; and for distributing marijuana to a person under the age of 21.
According to United States Attorney Peter Smith, Hall was a cocaine and marijuana dealer in the Wilkes-Barre area. Hall obtained cocaine from New York City and marijuana from the Philadelphia for distribution in the Luzerne County area. On April 2, 2013, FBI Agents arrested Hall in Atlantic City, New Jersey. On February 24, 2014, Hall appeared in federal court and pleaded guilty to the conspiracy charge and a charge that he distributed marijuana to a person under 21.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, and the Luzerne County District Attorney’s Office. Assistant United States Attorney John Gurganus prosecuted the case.
Wake Forest Man Pleads Guilty to Possession of Child PornographyRead the Press Release
NEW BERN – United States Attorney Thomas G. Walker announced that in federal court today KYLE CHRISTOPHER HEDDEN, 30, of Wake Forest, North Carolina, pled guilty before United States Magistrate Judge Robert B. Jones, Jr. to one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B). HEDDEN was named in a Criminal Information on July 15, 2014.
According to the investigation, on November 1, 2013, an agent working undercover involving a peer to peer file sharing network, discovered HEDDEN’S IP address downloading and sharing child pornography. On February 4, 2014, a search warrant was executed at HEDDEN’S home and during a non-custodial interview, HEDDEN confessed to downloading and storing child pornography on his laptop. A computer forensics examination of HEDDEN’S laptop and 16 harddrives found in his bedroom revealed approximately 250 videos and thousands of images of child pornography. At sentencing, set for the November 2014 term of court, HEDDEN faces a maximum penalty of 20 years imprisonment.
The criminal investigation of this case was conducted by the Federal Bureau of Investigation and Assistant United States Attorney Ethan A. Ontjes is handling the prosecution on behalf of the Eastern District of North Carolina.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
USP-Canaan Inmate Sentenced to 37 Months of Imprisonment for Assaulting Two Correctional OfficersRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that yesterday in Scranton United States District Court Judge Malachy E. Mannion sentenced Tarmaine Colbert, age 36, formerly of Phoenix, Arizona, to 37 months’ imprisonment for assaulting two correctional officers. On May 29, 2014, Colbert pleaded guilty to the assault which occurred on January 12, 2014, at the U.S. prison facility in Canaan.
According to United States Attorney Peter Smith, Colbert assaulted the officers when they attempted to do a pat down search of him for weapons. Colbert punched the two officers in the face resulting in minor injuries to the officers. Colbert was found to be in possession of a sharpened weapon commonly referred to as a shank.
The case was investigated by special agents of the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney John Gurganus prosecuted the case.
Tracy Woman Sentenced for Embezzling from Health Plan of San Joaquin and Agilent TechnologiesRead the Press Release
SACRAMENTO, Calif. — Shanika Brewer, 35, of Tracy, was sentenced today by Chief United States District Judge Morrison C. England Jr. to two and a half years in prison for wire fraud and embezzlement from a health care program, United States Attorney Benjamin B. Wagner announced. Judge England ordered her to begin her sentence on October 23, 2014. He ordered her to pay $1,248,770 in restitution.
According to court documents, from 2008 until 2011, Brewer worked in the accounts payable department of a Walnut Creek company called Agilent Technologies Inc. Brewer entered false information into the company’s accounting system that caused other departments to issue checks to vendors who provided personal goods and services to Brewer. Brewer took the checks home and mailed them out to pay her student loans, mortgage payments, and home improvements. She also used company funds to pay for her children’s school tuition and to deposit into her personal bank account. Brewer caused more than $1 million worth of checks to be issued for her own benefit.
In December 2012, Brewer was hired by Health Plan of San Joaquin, a publicly sponsored managed care plan administering state-funded Medi-Cal benefits for over 250,000 residents in San Joaquin and Stanislaus Counties. As the assistant controller, Brewer began manufacturing false invoices upon which she forged the signatures of other employees. After submitting the invoices, she obtained checks that she took home to use for her own benefit. Brewer caused approximately $100,000 in losses and expenses to Health Plan.
“Shanika Brewer embezzled from two employers, including a health care program, to fund a lavish lifestyle well beyond her means,” said U.S. Attorney Wagner. “Her conviction and this sentence are the result of excellent cooperation between San Joaquin County and the FBI.”
“Brewer abused her position as a trusted employee to craft an elaborate scheme to embezzle over $800,000 over the course of five years. The money was used to support a lifestyle for her and her family that was well beyond her legitimate earnings,” says Special Agent in Charge Monica Miller of the Sacramento Field office of the Federal Bureau of Investigation.
San Joaquin County District Attorney James P. Willett stated: “In this case, a County employee abused the trust we placed in her. As the County auditor was identifying red flags in the false invoices Brewer submitted, Brewer’s credit card company, First Premier Bank of South Dakota, alerted us that County checks were paying Brewer’s personal credit card bill. San Joaquin County District Attorney’s investigators on the case identified similar embezzlement from her immediate past employer. This federal prosecution followed, and we are gratified for the immediate response of the FBI and the US Attorney’s Office in coordination with our investigation of this multi-jurisdictional case.”
This case was the product of an investigation by the San Joaquin County District Attorney Investigations Bureau, IMPACT Unit and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case. The Financial Litigation Unit of the U.S. Attorney’s Office is taking action to recover funds for Brewer’s victims.
This case was done in connection with the President’s Financial Fraud Enforcement Task Force, established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. For more information on the task force, please visit www.StopFraud.gov.
Three Mississippi Men Charged After Louisiana Black Bear KilledRead the Press Release
Jackson, Miss – Travis Butler, 28, of Meridian, Chester Brad Williams, 49, of Meridian, and David Lucas Wimberly, 34, of Quitman, have been indicted for their involvement in the killing of a Louisiana Black Bear in Lauderdale County, Mississippi, and their subsequent obstruction of the investigation into that killing, U.S. Attorney Gregory K. Davis announced today. The Louisiana Black Blear is a protected species under the Endangered Species Act.
According to the indictment, on January 4, 2014, Butler caused another person to kill the bear. He and Williams then took the bear to Wimberly’s taxidermy to be mounted. When federal and state wildlife officers began their investigation into the killing on February 6, 2014, Butler, Williams and Wimberly destroyed evidence of their actions.
The defendants were arraigned on Tuesday, August 12, 2014, by U.S. Magistrate Judge F. Keith Ball and the case has been set for trial on October 6, 2014, before U.S. District Judge Henry T. Wingate.
The maximum penalty under the Endangered Species Act is up to 1 year in prison and a fine of up to $100,000. The maximum penalty for obstructing the investigation is up to 20 years in prison and a fine of up to $250,000.
The investigation in this case was conducted by the United States Fish and Wildlife Service and the Mississippi Department of Wildlife, Fisheries and Parks.
The public is reminded that an indictment is a formal charge that a defendant has committed a violation of the federal criminal laws. All defendants are presumed innocent unless and until proven guilty.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.
Training and seminars for Federal, State, and Local Law Enforcement Agencies.
Help us combat the proliferation of sexual exploitation crimes against children.
Texas Resident Charged with Tax Fraud and Financial Institution FraudRead the Press Release
A Texas woman who was the manager of a North Carolina tax preparation business was indicted today for multiple tax crimes and making false statements to banks on loan applications, the Justice Department and Internal Revenue Service (IRS) announced.
Tamny Denise Westbrooks of Fulshear, Texas, was charged in an indictment alleging between 2004 through 2009, she was the day-to-day manager of JATS Tax Service, a tax preparation business located in Charlotte, North Carolina. Westbrooks underreported her net profits from JATS by overstating business expenses for tax years 2007, 2008 and 2009. She also obstructed and impeded the IRS by filing false tax returns for herself and others and by paying workers in cash while failing to file the required forms reporting their compensation. The indictment further alleges that Westbrooks made false statements to her mortgage and automobile lenders on loan applications submitted in 2005 and 2007.
A trial date has not been scheduled. If convicted, Westbrooks faces statutory maximum sentences of three years in prison and a fine of $250,000 on each of the filing false return charges and the obstruction charge, and a statutory maximum sentence of 30 years in prison and a fine of $1 million for each of the bank fraud charges.
The case was investigated by special agents of IRS – Criminal Investigation. Trial Attorneys Kevin Lombardi and Hayden Brockett of the Justice Department’s Tax Division are prosecuting the case.
An indictment merely alleges that a crime has been committed and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the division website .
Statement by Attorney General Eric Holder on Latest Developments in Ferguson, MissouriRead the Press Release
Attorney General Eric Holder released the following statement Thursday following his meeting earlier today with President Obama to discuss the latest developments in Ferguson, Missouri:
“This morning, I met with President Obama to discuss the events in Ferguson, Missouri. Like the President, I extend my heartfelt condolences to the family of Michael Brown. While his death has understandably caused heartache within the community, it is clear that the scenes playing out in the streets of Ferguson over the last several nights cannot continue.
“For one thing, while the vast majority of protests have been peaceful, acts of violence by members of the public cannot be condoned. Looting and willful efforts to antagonize law enforcement officers who are genuinely trying to protect the public do nothing to remember the young man who has died. Such conduct is unacceptable and must be unequivocally condemned.
“By the same token, the law enforcement response to these demonstrations must seek to reduce tensions, not heighten them. Those who peacefully gather to express sympathy for the family of Michael Brown must have their rights respected at all times. And journalists must not be harassed or prevented from covering a story that needs to be told.
“At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that the deployment of military equipment and vehicles sends a conflicting message. At my direction, Department officials have conveyed these concerns to local authorities. Also at my direction, the Department is offering – through our COPS office and Office of Justice Programs – technical assistance to local authorities in order to help conduct crowd control and maintain public safety without relying on unnecessarily extreme displays of force. The local authorities in Missouri have accepted this offer of assistance as of this afternoon.
“Department officials from the Community Relations Service are also on the ground in Missouri to help convene law enforcement officials and civic and faith leaders to plot out steps to reduce tensions in the community. The latest such meeting was convened in Ferguson as recently as this morning. Over time, these conversations should consider the role that increased diversity in law enforcement can play in helping to build trust within communities.
“All the while, the federal civil rights investigation into the shooting incident itself continues, in parallel with the local investigation into state law violations. Our investigators from the Civil Rights Division and U.S. attorney’s office in Missouri have already conducted interviews with eyewitnesses on the scene at the time of the shooting incident on Saturday. Our review will take time to conduct, but it will be thorough and fair.”
St. Johns County Man Pleads Guilty to Producing Child Pornography in Nationwide Sextortion CaseRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Lucas Michael Chansler (age 30, St. Johns) has pleaded guilty to nine counts of producing child pornography. On each of these counts, Chansler faces a minimum mandatory sentence of 15 years, up to 30 years in federal prison, $250,000 in fines, and a potential life term of supervised release. Chansler has been in the custody of the United States Marshals Service since September 2, 2010.
According to court documents, beginning in or about 2007, and continuing until on or about January 8, 2010, Chansler used computers and interactive computer services to transmit threatening communications to several minor female victims located all across the United States. Chansler transmitted these threatening communications with the intent to extort things of value from the minors, including digital photographs and webcam videos of the minor female victims in various states of undress, exposing themselves and engaging in sexually explicit conduct. Chansler engaged in a pattern of extortion in which he would at first pretend to be a friend, acquaintance, or admirer of the minor victims on social networking websites such as MySpace and Facebook. Chansler used more than 60 different online screen names to conceal his identity and location.
After gaining some measure of trust from a particular minor victim, Chansler would request that the minor victim engage in a live video chat session with him via the internet. During this video chat session, Chansler would use a computer program to record the video session without the knowledge of the minor victim. Chansler would ask the minor victim to expose her breasts or genitalia during the session. Often Chansler would entice the minor victims to so expose themselves by showing them streaming video of a minor male exposing himself or engaging in masturbation. Unbeknownst to the minor victims, Chansler did not show himself during these webcam video sessions but rather would use sexually explicit videos of other males which he had collected. If a minor victim did expose herself to Chansler during a video chat session, this conduct would be recorded by Chansler. He then would send a copy or portion of the video recording to the minor victim. Chansler would then demand that the minor victim send him additional and more graphic sexually explicit digital still images or webcam video. Chansler would inform the minor victim that if she did not comply with his demand, he would injure the minor victim’s reputation by sending the sexually explicit images and/or videos to her friends or by posting the images and/or videos to a public website.
Some of the minor victims complied with Chansler’s demands, while others did not. With some of those who complied, Chansler carried on a continuing pattern of extortion by sending more threatening communications and demanding additional sexually explicit images and videos from the minors. On at least one occasion, Chansler was able to locate a minor victim who had established a new online persona in an effort to escape from Chansler. Chansler had previously coerced this minor to produce and transmit to him dozens of sexually explicit images of her over an extended period of time. Using communications routed through a proxy server in Brazil, Chansler reestablished contact with this minor victim and continued his attempts to extort sexually explicit images from her.
Using information received from the parents of one of Chansler’s minor victims and working with the National Center for Missing and Exploited Children, FBI agents were able to identify Chansler and locate his residence in St. Johns County. On January 8, 2010, law enforcement agents executed a federal search warrant at Chansler’s residence.
During the execution of the search warrant, Chansler was interviewed and stated that that he used social networking sites to meet girls who ranged in age from 13 to 18 years old. He targeted underage girls because adult women were “too smart” to fall for his scheme. These girls would agree to video chat with Chansler on a particular video chat website. Chansler stated that he saved all files that he obtained from his victims in separate folders labeled with each victim’s name. Subsequent forensic analysis of Chansler's computer revealed that the computer contained two different hard disk drives, one of which contained images and videos of child pornography. This hard drive contained numerous folders characterized and labeled by the name of the minor victims. Many of the folders contained information specific to the particular victim, such as screen captures of the victim’s social networking webpages, written logs of online chats between the victim and Chansler, and pornographic webcam videos and/or digital photos. In several of the videos, victims are seen crying and pleading with Chansler not to force them to engage in sexually explicit conduct.
The forensic analysis of Chansler’s hard disk drive revealed he had targeted approximately 350 different minor victims. Among these were 103 minor victims who have been positively identified. In total, Chansler’s computer media contained approximately 80,000 images and videos, many of which depicted what appeared to be post-pubescent minors engaged in sexually explicit conduct. Over 3,000 videos were recovered, and at least 200 of these videos depicted child pornography.
This case was investigated by the Federal Bureau of Investigation, the National Center for Missing and Exploited Children, the Florida Attorney General's Office, the St. Johns County Sheriff=s Office, and numerous other state and local law enforcement agencies working in Internet Crimes Against Children (“ICAC”) task forces across the United States and Canada.
It is being prosecuted by Assistant United States Attorney D. Rodney Brown. It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
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Sentencings for August 8-14, 2014Read the Press Release
Brittany Mercer, 25, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on August 14, 2014, for attempting to pass counterfeit obligations. Mercer received two years of supervised probation and was ordered to pay a $100.00 special assessment. This case was investigated by the U.S. Secret Service.
Eli Jaure, 28, of Rawlins, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 12, 2014, for being a felon in possession of a firearm. He received 51 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Stephen M. Granieri, 39, of Colorado, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 12, 2014, for being a felon in possession of a firearm. Granieri was arrested in Grand Teton National Park, Wyoming. He received 27 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and a $500.00 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. National Park Service.
Porsha Slones, 27, of Orlando, Florida, was sentenced by Federal District Court Judge Alan B. Johnson on August 11, 2014, on one count of use of unauthorized access devices to obtain $1,000 or more and aiding and abetting and three counts of aggravated identity theft and aiding and abetting. Slones was arrested in Green River, Wyoming. She received 46 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $400.00 special assessment and restitution in the amount of $235,903.59, joint and several with co-defendants. This case was investigated by the U.S. Secret Service.
Matthew Taber Annable, 40, of Arizona, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 8, 2014, for theft of ATM machines and aiding and abetting. Annable was arrested in Casper, Wyoming. He received 14 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $113,820.00 in restitution. This case was investigated by the Douglas and Casper Police Departments, the Wyoming Highway Patrol, and the Federal Bureau of Investigation.
Samuel Elijah Hayes, 31, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 8, 2014, for being a felon in possession of a firearm. Hayes was arrested in Casper, Wyoming. He received 57 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Michael A. Andersen, 43, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge, Nancy D. Freudenthal on August 8, 2014, for conspiracy to possess with intent to distribute, and to distribute, 6,350 grams of methamphetamine. Andersen was arrested in Cheyenne, Wyoming. He received 70 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the U.S. Drug Enforcement Administration, the Internal Revenue Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Victor Ivan Holguin-Ramirez, 36, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on August 8, 2014, for illegal re-entry of a previously deported alien into the United States. Holquin-Ramirez was arrested in Douglas, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.Rochester man pleads guilty in sex trafficking caseRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Marques Williams, 28, of Rochester, N.Y., pleaded guilty to sex trafficking of a minor before U.S. District Judge David G. Larimer The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated the FBI received information that the defendant advertised a fifteen-year-old female as a prostitute on the Internet classified advertising service, Backpage.com. The minor victim was interviewed by the FBI and said that between July 2011 and September 2011, she worked as a prostitute for Williams. During the plea proceeding, Williams admitted to paying and posting ads for the minor for prostitution activities on Backpage.com, knowing that the minor was under the age of 18 years.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The plea is the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents with Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge and Special Agents of the Federal Bureau of Investigation.
Sentencing will be scheduled at a later date.Rhode Island Man Sentenced for Failing to Register as A Sex OffenderRead the Press Release
BOSTON - A Rhode Island man was sentenced today for failing to register as a sex offender.
Ryan Hathaway, 32, was sentenced by U.S. District Court Judge Rya W. Zobel to 24 months in prison and five years of supervised release. In April 2014, Hathaway pleaded guilty to failure to register as a sex offender.
This is Hathaway’s third conviction for failure to register as a sex offender. He is required to register because of his 2004 Massachusetts state court conviction for indecent assault and battery on a child under age 14. He was previously convicted in 2011 for failing to register. In 2012, he was convicted again for failing to register, and received a jail term. He was released to Massachusetts in October 2013 and within a month cut his GPS tracking bracelet and absconded to Rhode Island, without registering as a sex offender as required. In December 2013, Hathaway was arrested in Pawtucket.
United States Attorney Carmen M. Ortiz and John Gibbons, U.S. Marshal of the U.S. Marshals Service, District of Massachusetts, made the announcement today. The case was prosecuted by Timothy Landry of Ortiz’s Major Crimes Unit.
Recent Child Exploitation Cases: 3 Indictments, One Guilty Plea and One 14-Year SentenceRead the Press Release
SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announces the following three indictments, a guilty plea, and a sentencing in cases involving the exploitation of children.
Sacramento Man Indicted for Production of Child Pornography and Enticement of a Minor
George Hristovski, 55, of Sacramento, was indicted today for attempted production of child pornography and attempted enticement of a minor. According to court documents, Hristovski posted an online advertisement seeking a mother who was willing to introduce him to their daughter for the purpose of having sex with the girl. He was arrested on August 4, 2014, after making explicit demands for pornographic images of a 13-year-old girl that he believed he was communicating with, and for attempting to arrange a meeting with the girl for the purpose of having sex with her.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Kyle Reardon and Michele M. Beckwith are prosecuting the case. If convicted, Hristovski faces 10 years to life in prison and a $250,000 fine.
Paradise Man Indicted for Production of Child Pornography and Enticement of a MinorA federal grand jury returned a 10-count indictment today against Jordan James Kirby, 22, of Paradise, charging him with production of child pornography and enticement of a minor. This case is the product of an investigation by the Federal Bureau of Investigation and the Paradise Police Department. Assistant U.S. Attorneys Kyle Reardon and Sherry Haus are prosecuting the case.
Sacramento Man Indicted for Possessing Child Pornography
A federal grand jury returned an indictment today against Christopher Raymond Smithson, 34, of Sacramento, charging him with possession of child pornography. According to court documents, in June 2014, Smithson possessed visual depictions of minors engaged in sexually explicit conduct. Titles of the visual depictions referred to children as young as four years old. If convicted, Smithson faces a maximum statutory penalty of 10 years in prison and a $250,000 fine.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Special Assistant U.S. Attorney Josh F. Sigal is prosecuting the case.
The charges in the above indictments are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Pimp Pleads Guilty to Sex Trafficking of a Minor (No. 2:13-cr-030 JAM)
On Tuesday, August 12, 2014, Keon Jamar Nunnelly, 30, of Sacramento, pleaded guilty to sex trafficking of a minor. According to court documents, Nunnelly posted online prostitution ads for a 16-year-old girl in Sacramento and Anaheim. He managed the victim by providing directions on when and where she should work, transporting her to hotels, and providing protection and security. The defendant knew that she was a minor and would be caused to engage in commercial sex acts. Nunnelly is scheduled to be sentenced by U.S. District Judge John A. Mendez on November 18, 2014. Nunnelly faces a maximum statutory penalty of not less than 10 years and up to life in prison and a $250,000 fine.
This case is the product of an investigation by the Federal Bureau of Investigation’s Innocence Lost Task Force. Assistant U.S. Attorney Kyle Reardon is prosecuting the case.
Any sentence in these cases 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.
Antelope Man Sentenced for Receiving Child Pornography (No. 2:12-CR-0417 TLN)
On Thursday, August 7, 2014, U.S. District Judge Troy L. Nunley sentenced Gerald Ratulowski, 69, of Antelope, to 14 years in prison for receiving child pornography. According to court documents, between June 2012, and September 2012, Ratulowski shared files of child pornography through an Internet file-sharing service. Several thousand images and videos of child pornography were found in his computer, including images of sadistic and masochistic conduct.
This case was the product of an investigation by the Sacramento Internet Crimes Against Children Task Force. Assistant U.S. Attorney Kyle Reardon prosecuted the case.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Puerto Rico Businessman Pleads Guilty to Bribing a Puerto Rico Superior Court JudgeRead the Press Release
A Puerto Rico businessman pleaded guilty today to bribing Puerto Rico Superior Court Judge Manuel Acevedo-Hernandez, who presided over the businessman’s vehicular homicide trial and acquitted him of all charges.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico and Special Agent in Charge Carlos Cases of the FBI’s San Juan Division made the announcement.
According to court documents, Lutgardo Acevedo-Lopez, 39, was a certified public accountant in Aguadilla, Puerto Rico. On June 30, 2012, a car driven by Acevedo-Lopez collided with another car, resulting in the death of the other car’s driver. Acevedo-Lopez was charged with criminal vehicular homicide in connection with the incident. Acevedo-Hernandez, a supervisory superior court judge in the Aguadilla judicial region of Puerto Rico, presided over the case and acquitted Acevedo-Lopez of all charges.
In his plea agreement, Acevedo-Lopez admitted that he bribed Acevedo-Hernandez to use his official position as a judge for Acevedo-Lopez’s benefit. Specifically, Acevedo-Lopez admitted that he used an intermediary to bribe Acevedo-Hernandez by paying taxes owed by Acevedo-Hernandez, paying for the construction of a garage for Acevedo-Hernandez, and providing Acevedo-Hernandez with a motorcycle, clothing and accessories, including cufflinks and a watch. In exchange, Acevedo-Hernandez acquitted Acevedo-Lopez of all charges.
Acevedo-Lopez is scheduled to be sentenced on Dec. 8, 2014 before Chief U.S. District Judge Aida M. Delgado-Colón in San Juan, Puerto Rico.
Charges remain pending against Acevedo-Hernandez, who was charged with bribery-related offenses in an indictment unsealed on May 28, 2014, in the District of Puerto Rico. The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The case is being investigated by the FBI’s San Juan Division and is being prosecuted by Trial Attorney Peter Mason of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Timothy Henwood and Jose Capo of the District of Puerto Rico.
Citizens of Puerto Rico who have information about alleged public corruption are encouraged to contact the FBI’s San Juan Division at (787) 754-6000.