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4 September 2014
Another Vendor Indicted in Corruption Case Against Former Georgia National Guard EmployeeRead the Press Release
ATLANTA – Angela Thicklin (f/k/a Angela Stanback Kinlaw) has been indicted for allegedly conspiring with Raytosha Elliott, a former contracting official with the Georgia Department of Defense, to obtain contracts in exchange for illegal kickbacks.
“Thicklin is the second vendor charged in this corruption case involving a former Georgia National Guard employee who is charged with awarding contracts to her friends, like Thicklin, in exchange for illegal kickbacks,” said United States Attorney Sally Quillian Yates.
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “The alleged actions of these defendants reflect that they have no sense of duty and that they defy the rule of law. They exhibited a very active scheme to defraud. The FBI, in working with its many law enforcement partners, will continue to make such public corruption cases an investigative priority.”
Special Agent in Charge John F. Khin, Southeast Field Office, Defense Criminal Investigative Service, commented, “Ensuring the integrity of Department of Defense programs will always remain one of DCIS' top priorities. DCIS special agents, in collaboration with our Federal and State partners, will fully investigate and bring to justice corrupt employees who undermine the public trust, and use their Government positions for personal gain.”
“Corruption at any level diminishes the hard work and dedication of the thousands of government employees who are dedicated to providing honest services to the American public,” stated Special Agent in Charge, IRS Criminal Investigation Veronica F. Hyman-Pillot. “IRS-Criminal Investigation stands committed to weed out individuals who to take the path to financial success through greed and corruption.”
Interim Inspector General Deb Wallace of the State of Georgia Office of Inspector General said, “This second indictment should serve notice that the State of Georgia Office of Inspector General and its investigative counterparts will vigorously pursue all parties who choose to perpetrate fraud schemes in government.”
According to United States Attorney Yates, the charges and other information presented in court: From May 2007 through April 2012, Elliott worked for the Georgia Department of Defense, the state agency charged with coordinating and supervising all agencies and functions of the Georgia National Guard. Elliott worked as an Engineering Operations Manager out of the Clay National Guard Center, located at Dobbins Air Reserve Base, in Marietta, Ga. In that position, Elliott worked with engineering firms to develop bid-ready construction projects, prepared bid documents, and oversaw no-bid purchase orders. Under the rules governing the contracting process that Elliott oversaw, projects that cost less than $5,000 did not need to go through a competitive bidding process, allowing Elliott to award the contracts. She then certified that the work had been completed for those projects, and facilitated payment to the vendors who allegedly completed such projects.
In that position, Elliott awarded numerous contracts under $5,000 to vendor companies created by her friends and associates, including co-defendant Angela Thicklin. In return, the friends and associates paid Elliott kickbacks, equal to 50% of the value of the contracts, for steering the contracts to them. Elliott falsely certified that work had been completed when, in fact, it had not been, in order to facilitate payment. One of the vendor companies was 3M Construction LLC, which was owned by co-defendant Thicklin. Elliott awarded 3M Construction at least six contracts with a total value of approximately $25,000. Those contracts were for a variety of services supposedly to be performed by 3M Construction, including electrical work, landscaping, and HVAC work.
Instead, the defendants split the money awarded under these contracts and spent it on personal items, including travel, meals, and merchandise. As part of the scheme, Elliott owned a company named Tech Group Investments, LLC. Thicklin took money she had obtained from the Georgia Department of Defense contracts, and paid kickbacks to Elliott through this company.Elliott also awarded at least 17 contracts, worth approximately $75,000, to a company named Total Source Solution, LLC, which was owned by Lakeysha Ellis. On March 27, 2014, Ellis pleaded guilty to conspiring with Elliott to obtain these contracts in exchange for kickbacks. The alleged scheme involving Total Source Solution worked in a similar fashion to the one involving 3M Construction.
Additionally, Ellis pleaded guilty to conspiring with Elliott to defraud Baumueller-Nuermont Corporation, an industrial equipment company with offices in Atlanta, Ga. The indictment alleges that Elliott and Ellis defrauded the company from January 2009 through May 2011, when Ellis was an accountant there. Ellis falsified employee records in the corporation’s payroll system to disguise payments to the defendants’ two companies. Ellis created at least two phantom employees by altering the names of real employees (by switching their first and last names) and slightly changing their Social Security numbers. She then caused the payroll system to make fraudulent salary payments to Total Source Solution and Tech Group Investments for these new, non-existent employees. Baumueller-Nuermont lost about $85,000 from this scheme.
The 15-count superseding indictment charges Elliott, 34, and Thicklin, 43, both of Atlanta, Ga., with conspiracy and bribery of a public official. Elliott is also charged with separate counts of conspiring with Ellis and wire fraud. After the original indictment was returned on January 14, 2014, Ellis, 36, of Atlanta, Ga., pleaded guilty to two counts of conspiracy.
Members of the public are reminded that the indictment contains only allegations. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by Special Agents of the Federal Bureau of Investigation; the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service; Internal Revenue Service - Criminal Investigation; the U.S. Army Criminal Investigation Command; the Deputy Inspectors General of the State of Georgia Office of the Inspector General; and the Georgia Bureau of Investigation.
Assistant United States Attorney Stephen H. McClain is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Allenwood Inmate Charged with Assaulting Another InmateRead the Press Release
The United States Attorney for the Middle District of Pennsylvania, announced that charges have been filed against Donny Jo Gumfory of Roswell, New Mexico.
According to United States Attorney, Peter J. Smith, Gumfory, age 36, is charged in a one-count information with assault resulting in serious bodily injury to another inmate while they both were incarcerated at the FCC – Allenwood Penitentiary.
The investigation was conducted by the Federal Bureau of Prisons Special Investigative Services, and the Federal Bureau of Investigation, Williamsport Resident Agency. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is ten years imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.Alien Sentenced for Illegal Re-entryRead the Press Release
Had Been Removed Five Times
ALBANY, NEW YORK – Jesus Vasquez-Loyola (28, of Valatie, NY) was sentenced today to serve 14 months in prison by Chief United States District Court Judge Gary L. Sharpe announced United States Attorney Richard S. Hartunian and the Department of Homeland Security, Immigration and Customs Enforcement (ICE). In May, Vasquez-Loyola pled guilty to illegally reentering the United States following removal, a felony under federal law. Following the completion of the term of imprisonment, the Department of Homeland Security will process Vasquez-Loyola for removal from the United States to Mexico.
In April 2014, Vasquez-Loyola was arrested by New York State Police Officers in Kinderhook, New York and charged with several offenses including driving while intoxicated. Vasquez-Loyola had been previously removed to Mexico five times, most recently in July 2012 after his conviction in the Northern District of New York for illegally entering the United States after removal.
The case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), Albany, NY.
Albuquerque Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Andres Salinas, 19, of Albuquerque, N.M., was arrested yesterday by Homeland Security Investigations (HSI) on federal child pornography charges. Salinas made his initial appearance in federal court earlier today, and remains in custody pending a detention hearing scheduled for tomorrow morning.
Salinas is charged in a criminal complaint with possessing and receiving visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, the New Mexico Attorney General’s Office (NMAGO) initiated the investigation leading to Salina’s arrest in July 2014 after identifying an IP address that allegedly was being used to download child pornography. Subsequent investigation revealed that the IP address was subscribed to Salinas’ residence.
Yesterday, HSI and other law enforcement agency members of the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Salinas’ residence and seized computer media from Salinas’ bedroom. A preliminary examination of the computer media revealed that it contained images consistent with child pornography.
If convicted of the charges in the criminal complaint, Salinas faces a federal prison term of not less than five years and not more than 20 years. Salinas also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of HSI, the NMAGO and other members of the New Mexico ICAC Task Force. The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Accused Alien Smuggler Appears in Federal CourtRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Roberto Rivera-Ortiz, 27, a resident of the New York City area, appeared today in United States District Court in Burlington on a charge of alien smuggling. Magistrate Judge John M. Conroy ordered that Rivera-Ortiz be temporarily detained pending another hearing on September 4.
According to court records, on the morning of September 2, 2014, Border Patrol agents in Derby Line encountered a male and a female after they had walked across the border through a clump of trees in a residential area. When the two individuals noticed a marked Border Patrol cruiser nearby, they began running in a southerly direction. Agents apprehended the male, who proved to be Jose Segura-Perez, a Mexican national with no status in the United States. The female at that time evaded capture.
At about the same time, another Border Patrol agent noticed Rivera-Ortiz standing beside a vehicle on a street in Derby Line, near where the aliens had been encountered. The hood on Rivera-Ortiz's vehicle was up and he was talking on a cellphone. Immigrations records showed that Rivera-Ortiz's car had entered Canada at Niagara Falls last June, and had entered the United States at Derby Line earlier that morning. When questioned about his nationality and immigration status, Rivera-Ortiz appeared nervous. Agents escorted the defendant to the Newport Border Patrol station, where they soon established that he had transported the two aliens from Montreal to just north of the border, let them out to cross the border on foot, entered the United States lawfully in his car and was in the process of attempting to pick them up to drive them to New York when he was approached by the Border Patrol.
Court records indicate that Border Patrol agents today finally located and arrested the woman who had absconded on September 2. She is also an undocumented alien.
The United States Attorney emphasizes that the charge in the complaint is merely an accusation and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, the defendant faces up to ten years of imprisonment and a fine of up to $250.000. The actual sentence would be determined with reference to federal sentencing guidelines.
Rivera-Ortiz is represented by Assistant Federal Public Defender Stephen Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.
3 September 2014
Woman Sentenced for Assault and Causing Serious Bodily InjuryRead the Press Release
COEUR D'ALENE - Marisa Belle Hawk, 28, of Wapato, Washington, was sentenced yesterday to 85 months in prison for assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hawk to serve three years of supervised release following her prison term. She pleaded guilty on June 17, 2014.
According to court documents, Hawk admitted that on November 23, 2013, she shot the victim in the leg with a handgun. The offense happened on the Nez Perce Reservation. Both the defendant and the victim are members of federally recognized tribes.
The case was investigated by Federal Bureau of Investigation (FBI) and the Nez Perce Tribal Police.
Windham Man Sentenced to 8 Months for Passing Counterfeit Traveler’s ChecksRead the Press Release
Contact: Donald E. Clark
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Keith
A. Coleman, 48, of Windham, Maine, was sentenced today in U.S. District Court by Judge Nancy
Torresen to eight months in prison and three years of supervised release for passing $19,000 worth of counterfeit $100 American Express traveler’s checks. He was also ordered to pay
$19,000 in restitution. He pled guilty to the charge on May 1, 2014.According to court records and information disclosed at his sentencing hearing, between December 17, 2013 and January 10, 2014, the defendant passed 190 counterfeit $100
American Express traveler’s checks at Applebee’s, Best Buy, CVS Caremark, Denny’s, TGI
Fridays, Longhorn Steakhouse, Olive Garden, Radio Shack, Rite Aid, Ruby Tuesday, Staples, Target and Toys ‘R Us in Maine and Massachusetts.This case was investigated by the United States Secret Service and the Auburn, Augusta, Biddeford, South Portland and Topsham, Maine and the Everett, Massachusetts Police
Departments.West Monroe Man Sentenced to 90 Months in Prison for Firearms Possession, Drug TraffickingRead the Press Release
MONROE, La. –A West Monroe man was sentenced to 90 months in prison and three years of supervised release for drug trafficking and illegally possessing a firearm, U.S. Attorney Stephanie A. Finley announced today.
Kerry D. Gayfield, 30, of West Monroe, was sentenced by U.S. District Judge Robert G. James for one count of possession of a firearm by a convicted felon, one count of possession with intent to distribute marijuana, and one count of possession of a firearm in relation to drug trafficking. According to evidence presented at the June 10, 2014 guilty plea, West Monroe police searched a home on January 10, 2013, and discovered Gayfield standing behind a bar in the living room with a digital scale in front of him and a bag of marijuana in his hand. Officers also found a Smith and Wesson, .38 Special revolver loaded with five rounds on him. After conducting a search of the premises, officers found a total of 43.5 grams of marijuana (most packaged for street level sale), scales, marijuana cigars, pipes, $469, a bottle of liquid hydrocodone in someone else’s name, two hydrocodone pills, cocaine, an envelope with handwritten notes indicating drug sales and weight to money ratios, and a second firearm, a Jennings Model J22, .22 caliber pistol loaded with six rounds.
Gayfield has been convicted of five felonies in the Fifth Judicial District Court in West Carroll Parish. He was convicted of simple burglary and forgery in June of 2003, simple burglary and unauthorized use of motor vehicle in January of 2004, and illegal possession of stolen things in April of 2008.
This case is part of Project Safe Neighborhoods. Project Safe Neighborhoods is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promote firearm safety. The PSN attorneys prosecute a variety of federal firearms violations listed in Titles 18 and 26 of the U.S. Code, including illegal possession of firearms and commission of crimes with firearms.
The West Monroe Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Waynesville Man Sentenced for Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Waynesville, Mo., man was sentenced in federal court today for robbing Security Bank of Pulaski County in St. Robert, Mo.
Arthur John Green, 42, of Waynesville, was sentenced by U.S. District Judge M. Douglas Harpool to 12 years and seven months in federal prison without parole.
On April 2, 2014, Green pleaded guilty to robbing the Security Bank of Pulaski County. Green entered the bank on Feb. 20, 2014, and handed a teller a note that demanded money. The teller gave him $1,100 and he quickly left the bank. Several hours later, a Pulaski County Sheriff’s deputy spotted Green’s vehicle. Green pulled over and was arrested without incident.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Pulaski County, Mo., Sheriff’s Department and the FBI.United States Settles with Costco to Cut Ozone-Depleting and Greenhouse Gas Refrigerant Emissions NationwideRead the Press Release
Costco Wholesale Corporation, one of the nation’s largest retailers, has agreed to cut its emissions of ozone-depleting and greenhouse gases from leaking refrigeration equipment at more than half of its stores nationwide.
In the settlement announced today by the U.S. Environmental Protection Agency and U.S. Department of Justice, Costco will pay $335,000 in penalties for federal Clean Air Act violations and will fix refrigerant leaks and make other improvements at 274 of its stores, which EPA estimates will cost about $2 million over the next three years.
“Compliance with the nation’s Clean Air Act is key to protecting all Americans from air pollution that damages our atmosphere and changes our climate,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Industry needs to lead the way in abandoning harmful chemicals in favor of using and developing greener, environmentally friendly alternatives to protect our health and our climate.”
“Cutting harmful greenhouse gas emissions is a national priority for EPA, and this settlement will lead to significant reductions of an ozone-depleting gas that is 1,700 times more potent than carbon dioxide,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Fixing leaks of refrigerants, improving compliance and reducing emissions will make a real difference in protecting us from the dangers of ozone depletion, while reducing the impact on climate change.”
Costco violated the Clean Air Act by failing to promptly repair refrigeration equipment leaks of the refrigerant R-22, a powerful ozone-depleting hydrochlorofluorocarbon, between 2004 and 2007. Costco also failed to keep adequate records of the servicing of its refrigeration equipment to prevent harmful leaks. Destroying the ozone layer results in dangerous amounts of cancer-causing ultraviolet solar radiation striking the earth, increasing skin cancers and cataracts. R-22 is also a potent greenhouse gas with 1,800 times more global warming potential than carbon dioxide or CO2.
The settlement requires Costco to retrofit or replace commercial refrigeration equipment at 30 of its stores to reduce ozone-depleting and greenhouse gas emissions. Costco must also implement a refrigerant management system to prevent and repair coolant leaks and reduce its corporate-wide average leak rate at least 20 percent by 2017. In addition, Costco will install and operate environmentally friendly glycol refrigeration systems and centrally monitored refrigerant leak detection systems at all new stores.
Today’s settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions. The Clean Air Act requires owners or operators of commercial refrigeration equipment that use over 50 pounds of ozone-depleting refrigerants and have an annual leak rate over 35 percent to repair all leaks within 30 days.
Corporate commitments to reduce emissions from refrigeration systems have been increasing in recent years. EPA’s GreenChill Partnership with food retailers reduces refrigerant emissions and decreases their impact on the ozone layer and climate change by transitioning to environmentally friendlier refrigerants, using less refrigerant and eliminating leaks, and adopting green refrigeration technologies.
Costco, headquartered in Issaquah, Washington, operates 466 stores in the U.S. and additional stores worldwide, with revenues of $105.2 billion in 2013. Today’s settlement covers 274 Costco stores with regulated commercial refrigeration equipment, including 67 stores in California, 14 in Arizona, five in Nevada, and four in Hawaii.
The proposed settlement is subject to a 30-day public comment period and final court approval.
Read the proposed settlement at: http://www.usdoj.gov/enrd/Consent_Decrees.html
U.S. and Indiana Enter into Settlement for $26 Million Cleanup in East Chicago, IndianaRead the Press Release
Under a proposed settlement reached with the United States and the state of Indiana, the Atlantic Richfield Company and E.I. Du Pont de Nemours and Co. (DuPont) will pay for an estimated $26 million cleanup of lead and arsenic contamination in parts of a residential neighborhood in East Chicago, Indiana, announced the U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA).
The yards in this neighborhood are contaminated with lead and arsenic through industrial operations that took place from at least the early 1900s through 1985. During that time, lead smelting and refining as well as other manufacturing processes that used lead and arsenic were located on and near the area that came to be known as the Calumet neighborhood of East Chicago. The cleanup will involve digging up contaminated soil, hauling it away for disposal, and restoring the yards with clean soil.
Under the settlement, EPA itself will do the work in the neighborhood. EPA will identify the yards that need to be remediated, will work with property owners to develop property‑specific drawings showing which soils on each property must be excavated, will do the excavation, and will restore the properties after excavation is complete. Atlantic Richfield and DuPont will pay for EPA’s work and will also be responsible for transporting the contaminated soil out of the neighborhood and properly disposing of it.
To manage the cleanup, EPA and the state divided the Calumet neighborhood into three zones. Today’s settlement covers two of them: a neighborhood that includes the Carrie Gosch Elementary School and residences operated by the East Chicago Housing Authority and a neighborhood located between the Elgin & Joliet Railway Line on the west and Parrish Avenue on the east. Cleanup of the third area of the Calumet neighborhood is the subject of further discussions.
“Under this settlement, Atlantic Richfield and DuPont will fund the first phase of cleaning up historical lead and arsenic contamination in residential properties in part of East Chicago,” said Sam Hirsch, Acting Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division. “This marks the start, not the end, of cleaning up the contamination that has burdened this community for far too long.”
“This settlement ensures that almost 300 residential properties, parks and public spaces in East Chicago will be cleaned up – and that the companies responsible for contaminating those sites will pay 100 percent of the costs for this phase of the cleanup,” said EPA Regional Administrator Susan Hedman.
“My office previously has worked through the federal courts in other cases to improve the quality of life for citizens of East Chicago,” said Indiana Attorney General Greg Zoeller, whose office represented the Indiana Department of Environmental Management. “Under this appropriate cooperative effort between the state of Indiana and federal EPA, and with the commitments of the settling corporations, East Chicago residents will see progress made toward removing a health hazard and producing long-term benefit for their community.”
“This is great news for the citizens whose homes have been impacted,” said Indiana Department of Environmental Management (IDEM) Commissioner Thomas Easterly. “Everyone wins when responsible parties come together and agree to do what is best for the community.”
The Calumet neighborhood is part of an EPA Superfund site known as the USS Lead Site. EPA previously investigated the contamination in this neighborhood and issued a decision calling for its cleanup.
In a complaint filed simultaneously with the settlement, the United States and the state allege that Atlantic Richfield and DuPont are liable under the Superfund law for the cleanup because they or their predecessors either are owners or were owners/operators of plants that released lead and arsenic into the environment.
The terms of the settlement are included in a proposed consent decree filed with the U.S. District Court in Hammond, Indiana. The consent decree is subject to a 30‑day public comment period and court approval. The consent decree will be available for viewing at www.justice.gov/enrd/Consent_Decrees.html
U.S. Attorney Jenny A. Durkan, Justice Department Leader on Cybercrime, to Step DownRead the Press Release
Jenny A. Durkan announced today that she will step down as U.S. Attorney for the Western District of Washington at the end of the month, after serving five years in office. She has informed the President, Attorney General Eric Holder and U.S. Senators Murray and Cantwell of her decision. Durkan, known nationally for her trial and legal work, was in the first group of six U.S. Attorneys nominated by President Obama in May 2009; she was confirmed unanimously by the U.S. Senate in September 2009.
“I have been honored to serve the communities in Western Washington, to lead an office of extraordinary people and public servants, and to work with dedicated federal, state, local and tribal law enforcement. Together we have taken on a range of challenges, threats and bad actors. We have made our nation and communities safer, while also making our civil rights stronger,” said U.S. Attorney Jenny A. Durkan.
“As United States Attorney for Western Washington, Jenny has served as a tireless advocate for the American people, for the citizens of Washington State, and for the cause of justice,” said Attorney General Eric Holder. “Jenny has been an exceptional leader in the Justice Department’s fight against cyber-crime… Jenny Durkan exemplifies the highest standards of personal integrity and professional excellence. For the past five years, I have been grateful for Jenny’s dedicated service and her wise counsel. I am certain that the people of Western Washington will continue to benefit from her service for years to come. And although I wish her the very best as she takes the next step in her career, I will miss her leadership, her contributions, and her friendship.”
Durkan served for two years on Attorney General Holder’s original Attorney General Advisory Committee, and has chaired his advisory Subcommittee on Cybercrime and Intellectual Property Enforcement since 2009.
Durkan is known for her national role in fighting cybercrime, and for increasing the federal capabilities to meet cyber-based national security threats. She helped craft the Department of Justice’s cyber strategy, and has worked with international partners to increase cyber security. At the same time, Durkan served on the Terrorism and National Security subcommittee. Durkan faced the reality of such a terrorist threat when authorities discovered a plot to bomb a military recruiting office in Seattle. The building also housed a daycare. The plot was disrupted and the men convicted.
During her tenure, Durkan moved the U.S. Attorney’s office to more proactive enforcement efforts, leading “hot spot” initiatives in areas of persistent crime and by targeting armed criminals and gun crimes. Under Durkan, these initiatives and other prosecutions were often coupled with forfeiture actions to recover money for taxpayers and strip criminals of their assets. In January of this year, the office announced that its work with DOJ and other U.S. Attorneys’ offices led to the recovery of over $800 million, while the office’s independent work recovered an additional $22 million.
Durkan’s office has received national recognition for its work against cartel-related drug trafficking organizations — cases notable for their use of wiretaps and sophisticated financial analyses. Assuming her position in the wake of the financial meltdown, Durkan took a hard line on “white collar” financial fraud, resulting in a number of convictions and significant prison terms for defendants. Durkan also formed a civil rights section in the U.S. Attorney’s office that has increased enforcement of civil rights laws, including the employment rights of returning military personnel.
Her office also joined with the United States Department of Justice (DOJ) Civil Rights Division to investigate the Seattle Police Department’s use of force and concerns of biased policing. This led to broad reforms in the SPD and ongoing monitoring of a consent decree by the federal court. The team from the U.S. Attorney’s office that worked on the case will receive an award for their work from the DOJ next week in Washington, D.C.
ADDITIONAL INFORMATION ON WORK OF THE U.S. ATTORNEY’S OFFICE UNDER DURKAN
National Leader on Cybercrime Upon becoming U.S. Attorney, Durkan moved quickly to prioritize investigations and prosecutions of cybercrime and the theft of intellectual property. Her office increased outreach to and collaboration with cyber-security and privacy experts, academics, local businesses, international companies based in Western Washington, and area schools. She has hosted in Seattle an annual cybercrime conference, which featured industry leaders, privacy and security experts, government officials, and top national security experts.Her office has brought a number of successful cyber prosecutions, and is currently prosecuting Roman Seleznev, a Russian national accused of large-scale illegal hacking and credit card fraud. As chair of the Attorney General’s cybercrime subcommittee, Durkan also has been a national leader in DOJ efforts to fight the rising threat of cybercrime, and has testified before Congress on the issue. Working with the Justice Department’s National Security Division, she helped form a network of national security cyber prosecutors to ensure that every U.S. Attorney’s office had a prosecutor able to handle such cases. She also serves on DOJ’s Cyber Advisory Council, helped craft the federal cyber strategy and serves on DOJ’s Intellectual Property Enforcement Task Force. She has worked with international law enforcement partners to increase collaboration in cyber-security issues.
Durkan believes that cyber-based threats and digital crime are now the most significant challenges facing the country.
“Individual privacy, national security and the global economy are all at risk,” said Durkan. “We have always been a country built on innovation, but now we must focus that genius on building digital security into every product, home and business. We cannot afford to let criminal gangs or rogue states outpace us.”
Proactive Initiatives with Law Enforcement. As U.S. Attorney, Durkan has emphasized proactive enforcement initiatives to identify and fight crime. Those initiatives have depended upon strong collaboration among federal, state, local and tribal law enforcement. Early in her tenure, the office worked with a variety of law enforcement agencies to stem criminal conduct by the so-called “sovereign citizen” movement. She also prioritized prosecution of gun crimes, including illegal gun show sales, and the illegal possession of firearms by felons. Working with state and local law enforcement, Durkan’s office has spearheaded a number of “hot spot” initiatives in White Center, Kent Valley, and Tukwila, and focused efforts on the “worst of the worst” criminals who were harming communities in Clark, Skagit and Whatcom Counties. Durkan increased outreach to tribal partners, and created the first tribal Special Assistant United States Attorney to improve the office’s work in Indian country. She recognizes that to be most successful, prosecutions need to be combined with strong community outreach, education and prevention efforts.
Increased Emphasis on Forfeitures. Advocating an “all-tools” approach, Durkan’s office has aggressively used forfeiture powers to benefit the community and strip criminals of their profits. One recent joint law enforcement initiative led to the seizure of three motels in Tukwila, near Sea-Tac airport, and the prosecution of their owners. Crime in the Tukwila area dropped significantly as a result of these efforts. Similarly, when her office obtained guilty pleas from Frank Colacurcio, Jr. and his associates, Durkan insisted all of Colacurcio strip clubs be forfeited to the government and sold. And when Colton Harris-Moore pleaded guilty, Durkan required that he forfeit all rights to his story and all proceeds from a planned movie go to victims. As noted, in January of this year, the office announced that its work with DOJ and other U.S. Attorneys’ offices had led to the recovery of over $800 million and the office’s independent work recovered to another $22 million.
Obligation to Protect Civil Rights. A fundamental obligation of DOJ and every U.S. Attorney is to protect the civil rights of all. To better discharge this obligation, Durkan formed a civil rights unit in her office, which includes criminal and civil AUSAs. The unit has brought hate crime prosecutions and has worked to protect a range of civil rights from fair housing, to language access, to the employment rights of returning soldiers. The office also increased outreach to communities of color, other minority communities and to the Arab, Muslim and Sikh communities. Together with the Justice Department’s Civil Rights Division, the U.S. Attorney’s office launched a civil rights investigation of the Seattle Police Department’s use of force and treatment of minority communities. The investigation led to a landmark consent decree negotiated with the City of Seattle and current monitoring by a federal court. Today, all new policies required by the decree have been implemented, and training is underway. The court-approved policies seek to minimize the need for force while keeping officers safe, to enhance skills and resources for dealing with people in crisis and to bridge the gap between police and racial and minority communities.
Countering Terrorism and National Security Threats. During Durkan’s term, a terrorist threat against a local military facility that was discovered by the Seattle Police Department and the FBI Joint Terrorism Task Force. A Seattle-area man, Abdul Latif and his co-conspirator, Walli Mujahidh, were successfully investigated, arrested, charged and convicted. Under Durkan, the office also finally brought to conclusion the prosecution and appeals of Ahmed Ressam, the so-called Millennium Bomber. In October 2012, Ressam was sentenced to 37 years in prison. Her office also has brought a number of prosecutions for the illegal export of weapons and technology to prohibited countries.
White Collar Prosecutions. Durkan’s office has prosecuted several large-scale bank and fraud schemes, as well as a number of serious environmental violations. Examples include Darren Berg, who was sentenced to 18 years in prison for his role in the largest fraud scheme to be prosecuted in Western Washington; Shawn Portman, an executive with collapsed Pierce Commercial Bank, who received 10 years for his role in pushing fraudulent loans; and Patrick Dooley, who was sentenced to 33 months in prison for illegally dumping a hazardous chemical. These cases reflect Durkan’s belief that so-called “white collar” defendants must also face serious sanctions, including incarceration when appropriate.
Combatting Drug Trafficking Organizations. Durkan has been outspoken on the threat that cartel-related crime poses for the Northwest. Her office has been a national leader in prosecuting large-scale drug trafficking organizations, and in seizing the assets relating to those cases. During Durkan’s tenure, the office has brought a number of cases — often aided by wiretaps and experienced financial investigators— to dismantle and prosecute the drug organizations and strip them of their proceeds. At the same time, Durkan recognized the need to implement other tools to deal with non-violent addicted offenders. Working with U.S. District Judge Ricardo Martinez, Durkan helped form one of the first diversionary federal drug courts in the country. In addition, Durkan helped craft the federal response to marijuana legalization in Washington, focusing resources on harms associated with interstate trafficking, use of firearms, and sales to minors. To address clear federal interests and threats to public safety, the office has prosecuted a number of marijuana storefront operators, and moved strongly against any sales to children or near schools. Recently, the office charged a number of defendants in connection with explosions and fires in multiple cities caused by the manufacture of so-called Butane Honey Oil (BHO) — used in edible marijuana products.
Recognition and Awards as U.S. Attorney. Awards and recognition include: Warren G. Magnuson Memorial Award, Seattle Municipal League (2014); Inspiring Women, Seattle Storm (2014); Special Contribution to the Judiciary, Washington Women Lawyers (2013); Jaswant Singh Khalra Award for Social Justice, Sikh Community (2013);Leadership and Justice Award, Mother Attorneys Mentoring Association of Seattle (2012); Distinguished Alumni, University of Washington School of Law (2011); Woman of the Year, Seattle University School of Law (2011); Seattle’s Most Influential People, Seattle Magazine (2011 and 2012); Women of Power In Law, Women of Color (2010); Fellow, American College of Trial Lawyers; AV Preeminent (highest) Peer Rating in both Legal Ability and Ethics, Martindale-Hubbell (1997 – 2014).
Term of Office. Durkan was appointed to a four-year term. When her original term of four years expired a year ago, the federal government was locked in budget disputes and a government shutdown. Durkan’s office faced a rising vacancy rate because of a long-term hiring freeze. Durkan stayed on to guide the office through the budget challenges, and to shepherd some key cases through important stages. Durkan says she will take time to find the right “next challenge” after she steps down.
Two Suspected Smugglers Charged with Leaving A Woman to Die in the Otay MountainsRead the Press Release
SAN DIEGO – Two suspected alien smugglers, Fernando Armenta-Romero and Carlos Hernandez-Palma, were arrested over the Labor Day weekend for allegedly leaving a woman to die in the Otay Mountains over the 2013 Christmas holidays. Yesterday, charges of bringing in an illegal alien resulting in death were filed against the alleged smugglers, who were arraigned today before U.S. Magistrate Judge Karen S. Crawford.
According to the amended complaint, on or about December 29, 2013, at approximately 7:10 PM, the Border Patrol Search Trauma and Rescue (“Border Patrol”) unit responded to a report of a 32-year-old undocumented alien female abandoned in the Otay Mountain Wilderness. The Otay Mountain Wilderness is located near the U.S.-Mexico border in southeastern San Diego County. This is a rugged and isolated area with limited access to roads and no development. Border Patrol agents contacted the reporting party, later identified as Baltazar Razo-Barreto (“Razo”). Mr. Razo identified himself as the husband of the 32-year-old woman, who he identified as Jaqueline Capistran-Ochoa (“Capistran”). He told the agents that Ms. Capistran had been in medical distress when he left her in the care of others while he sought help.
After an extensive search of the mountainous area over a period of two days, Mr. Razo eventually led Border Patrol agents to an area where they discovered the body of a woman, who Mr. Razo identified at the scene as his wife, Ms. Capistran. When Ms. Capistran was found, she had no pulse and displayed signs of rigor mortis. According to the medical examiner, Ms. Capistran’s death was attributed to hyperglycemia and ketoacidosis due to diabetes mellitus and hypothermia from environmental exposure. As alleged in the complaint, the medical examiner reported that Ms. Capistran was pregnant and estimated the gestational age of the fetus at approximately 11 to 12 weeks.
According to court documents, Mr. Razo and his wife, Ms. Capistran, made arrangements with smugglers in Mexico to be brought illegally into the United States in December 2013. The smugglers identified themselves to Mr. Razo as “CARLOS” and “ARMENTA,” according to the complaint.
The following information is alleged in the complaint: The smugglers told Mr. Razo that they would smuggle him and Ms. Capistran into the United States for $12,000. During their discussion, the smugglers explained that the journey from Mexico into the United States would take 1.5 to 2 days, including frequent breaks. They added that it was not particularly arduous as the terrain was mostly flat. The smugglers told Mr. Razo that the hardest part was climbing the U.S.-Mexico border fence. Mr. Razo relayed this information to Ms. Capistran. She had developed diabetes after the birth of their second child and was on diabetes medication. They also suspected that she might be pregnant.
Before leaving Tijuana, Mexico, for their journey into the United States, the smugglers took Ms. Capistran for walks around the park to determine whether she was fit enough to make the trip, especially since she appeared overweight and tired. Ms. Capistran walked with the smugglers through the park, but often grew tired and repeatedly required rest stops. The smugglers argued about whether she could make the smuggling trek. Despite their misgivings, they decided to take the chance given the promised payment. On or about December 26, 2013, CARLOS and ARMENTA smuggled Mr. Razo and Ms. Capistran into the United States by climbing over the U.S./Mexico boundary fence in Tijuana, Mexico.
Despite the smugglers’ description of the terrain as mostly flat, the hike was actually mountainous, covered with large boulders and difficult to traverse. After approximately two days, Ms. Capistran began to slow down and required more frequent rest stops. Ms. Capistran told Mr. Razo that she felt like there was water in her lungs, and she was having a hard time breathing. Soon she was unable to walk at all.
Mr. Razo repeatedly pleaded with the smugglers to seek help and to use their cellular phone. However, the smugglers refused. They claimed the phone did not work and that it had been destroyed. After the third day, on December 29, 2013, Ms. Capistran was unresponsive. Since the smugglers refused to seek help, Mr. Razo left his wife with CARLOS and ARMENTA, and hiked into the wilderness on his own. With the help of a Good Samaritan, Mr. Razo eventually contacted Border Patrol for assistance. Unfortunately, by the time Border Patrol agents and Mr. Razo found Ms. Capistran in the Otay Mountains, it was too late. Ms. Capistran had died and was left along a trail in the mountains. CARLOS and ARMENTA were gone. They had hiked out of the mountains two days before and called ARMENTA’s brother to pick them up.
CARLOS and ARMENTA made their initial appearance today before Judge Crawford for arraignment. The Government moved to detain both alleged smugglers based on risk of flight and danger to the community. A detention hearing is scheduled for September 9, 2014, at 9:30 a.m., before Judge Crawford.
DEFENDANT Case Number: 14MJ2956-KSC Fernando Armenta-Romero Age: 43 Carlos Hernandez-Palma Age: 35 CHARGESCount 1: Title 18, United States Code, Section 1324 – Bringing in Illegal Aliens Resulting in Death – statutory maximum of 10 years in prison, a maximum fine of $250,000, a 3-year term of supervised release, and $100 special assessment.
INVESTIGATING AGENCY
All defendantsU.S. Border Patrol - Chula Vista Intelligence Division
*Indictments and complaints are not evidence that the defendant committed the crime charged. All defendants are presumed innocent until the United States meets its burden in court of proving guilt beyond a reasonable doubt.
Two Plead Guilty to Defrauding AIG Out of Hundreds of Thousands of DollarsRead the Press Release
DES MOINES, IA – Former Iowa resident Christina M. Pender and California resident Robert K. Taylor have pled guilty to defrauding insurance company AIG out of hundreds of thousands of dollars. Taylor also pled guilty to making false statements to a financial institution involving a mortgage fraud scheme in California. Pender pled guilty on April 17, 2014, and Taylor pled guilty on August 27, 2014.
On May 21, 2013, a federal grand jury in the Southern District of Iowa indicted Pender and Taylor for wire fraud. From approximately April 1, 2010 to January 5, 2011, Pender and Taylor perpetrated a scheme whereby Pender, then an AIG insurance adjuster located in West Des Moines, Iowa, approved payments to companies owned by Taylor for expert services that were never provided. Taylor’s companies were based in California, where he resided, and included TEI Group Associates, Inc., TEI Group, Inc., and Equitable Consulting Solutions. Pender also approved payments for expert services that were not provided to another Iowa-based company, MDP Group, which was owned, in part, by her then-boyfriend. All of the alleged services were supposed to be for consulting in furtherance of AIG’s handling of construction defect claims that were in litigation. In total, Pender admitted that she approved approximately $925,406 in payments by AIG for services that were not provided. Taylor received $666,128.98 of those payments.
During the pendency of the prosecution for wire fraud, the Government discovered that Taylor was also part of a mortgage fraud scheme in California. From approximately December 2005 through April 2006, Taylor applied for and received mortgage loans and lines of credit that he used for the purchase and refinance of several real properties in Kingsburg, California. In his mortgage loan and line of credit applications for these properties, Taylor knowingly and fraudulently identified his social security number as a number which he knew was not his social security number in an effort to influence the approval and funding of the loans. Taylor ultimately defaulted on his payment obligations, and the Kingsburg properties were foreclosed. Then, on November 20, 2012, Taylor subsequently filed a petition for bankruptcy using the fraudulent social security number. As a result of Taylor’s false statements for the purpose of obtaining the mortgage loans and lines of credit, Taylor caused lending institutions, including Countrywide Bank, losses of $326,100. Taylor pled guilty to an Information charging him with making false statements to a financial institution.
Pender faces a maximum sentence of 20 years in prison and a fine of $250,000. Taylor faces a maximum sentence of 30 years in prison and a fine of $1 million.
The wire fraud case was investigated by the Federal Bureau of Investigation and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.The case involving false statements to a financial institution was investigated by the Federal Deposit Insurance Corporation—Office of Inspector General and prosecuted by the United States Attorney’s Offices for the Eastern District of California and the Southern District of Iowa.
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Two More Individuals Sentenced for Their Roles in Large-scale Medicare Fraud SchemeRead the Press Release
BATON ROUGE, LA – A facility administrator and mental health therapist have been sentenced for their roles in an extensive Medicare fraud scheme. Chief U.S. District Court Judge Brian A. Jackson sentenced the individuals as follows:
• ARTHUR SMITH, JR., age 32, of Baton Rouge, Louisiana. According to court documents, SMITH was employed at Shifa and Serenity Community Mental Health Centers from in or around 2005 through in or around 2011, and became a managing employee and administrator of Serenity Center in 2008. On numerous occasions, SMITH would falsify documents, including patient records, group progress notes, and other medical documentation, to make it appear as though social workers had provided services and/or treatments to patients, despite the fact that the treatments had not been provided. On September 2, 2014, SMITH was sentenced to a 30-month term of imprisonment, a 2-year term of supervised release following his release from imprisonment, and restitution in the amount of $14,146,106.
• ANNA NGANG, age 56, of Houston, Texas. From in or around 2010 through in or around 2012, NGANG was employed by Shifa Texas as a therapist tasked with conducting group therapy sessions. At the direction of her supervisors, NGANG knowingly participated in the falsification of documents, including patient records, group progress notes, and other medical documentation, so that her supervisors could use the false documents to support false claims to Medicare. On September 2, 2014, NGANG was sentenced to a 10-month term of imprisonment and $52,308 in restitution.
According to documents filed in the case, the investigation into three community mental health centers - Shifa Community Mental Health Center of Baton Rouge, Serenity Center of Baton Rouge, and Shifa Community Mental Health Center of Texas - was opened in 2011, and since then has resulted in the convictions of seventeen (17) individuals employed by the facilities, including therapists, marketers, administrators, owners and the medical director. Over a period of approximately seven years, the companies billed Medicare for partial hospitalization program services for the mentally ill that were unnecessary or never provided. The companies, collectively, submitted more than $258 million in claims to Medicare during this period. Medicare paid approximately $43.5 million on those claims.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney for the Middle District of Louisiana J. Walter Green, Special Agent-in- Charge Mike Fields of the Dallas Region of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG), Special Agent-in-Charge Michael Anderson of the FBI’s New Orleans Division, and Louisiana State Attorney General James Buddy Caldwell made the announcement.
The case is being investigated by HHS-OIG, the FBI, and the Medicaid Fraud Control Unit of the Louisiana Attorney General’s Office, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. The case is being prosecuted by Trial Attorneys Abigail Taylor and Dustin M. Davis of the Criminal Division’s Fraud Section and Assistant United States Attorney Shubhra Shivpuri of the U.S. Attorney’s Office for the Middle District of Louisiana.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced today that separate criminal charges were filed today against two illegal aliens.
Juan Torres-Garcia, age 33, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg today. The indictment alleges that Torres-Garcia, previously arrested and deported from the United States in October 2008, knowingly and unlawfully reentered the United States and was apprehended in York County, Pennsylvania.
If convicted, Torres-Garcia faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
Marcelo Barranco-Ramirez, age 25, was charged in a one-count indictment by a federal grand jury in Harrisburg today. The indictment alleges that Barranco-Ramirez, an alien who has previously been arrested and deported from the United States in April 2007, reentered the United States illegally and was apprehended in Adams County, Pennsylvania.
If convicted, Barranco-Ramirez faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Two Employees of Veterans Affairs Hospital, Including Logistics Warehouse and Mail Center Supervisor, Charged with Conspiracy to Distribute CocaineRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), Jeffrey G. Hughes, Special Agent-in-Charge, Northeast Field Office, of the Department of Veterans Affairs, Office of Inspector General (“VA-OIG”), and Albert Aviles, Chief of the Department of Veterans Affairs Police Detachment in Bronx, New York, announced that ROBERT TUCKER, of Bronx, New York, and ERIK CASIANO, of West Orange, New Jersey, were arrested yesterday for allegedly engaging in a conspiracy to distribute more than five kilograms of cocaine. The defendants will be presented in Manhattan federal court this afternoon before U.S. Magistrate Judge Ronald L. Ellis.
U.S. Attorney Preet Bharara said: “As alleged, the defendants used the cover of a facility dedicated to caring for our nation’s heroes to further a scheme to distribute large amounts of cocaine. I would like to thank the United States Postal Inspection Service, the Department of Veterans Affairs, Office of Inspector General, and the Department of Veterans Affairs Police for their outstanding work on this case.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “These employees allegedly took advantage of the trust placed in them by their employer and the US Government. Criminals involved in drug trafficking should take note, U.S. Postal Inspectors will vigorously pursue, arrest and bring to justice anyone who uses the US Mail to facilitate the transport of illegal drugs, firearms or drug proceeds.”
VA-OIG Special Agent-in-Charge Jeffrey G. Hughes said: “The arrest of two VA Medical Center employees comes as a result of an outstanding collaborative effort of all the federal agencies involved. The Department of Veterans Affairs, Office of Inspector General is committed to uncovering illegal activities at VA facilities and assisting in the prosecution of those who place their own interest ahead of the safety of both veterans receiving treatment and dedicated VA employees.”
VA Police Chief Albert Aviles said: “Drug abuse is a national epidemic and communities everywhere must be vigilant to suspicious activities. Thanks to vigilance and good police work, we can report today that these drugs are off the street and that the alleged perpetrators of this activity are under arrest. We are grateful to the Postal Inspection Service and our own VA Police staff, for their diligence and professionalism. We are grateful to our community law enforcement partners, for their significant involvement in this investigation. This was truly a team effort and a strong 'win' for law enforcement. Through this effort we can continue to assure a safe environment of care for all of our Veterans.”
According to the Complaint filed today in Manhattan federal court:
Since at least November 2013, the defendants used the United States Postal Service and the mailroom at the Veterans Affairs Medical Center in the Bronx, New York (the “Medical Center”), to receive and distribute narcotics, including cocaine. TUCKER has been employed by the Medical Center since 1997, and has served as the Supervisor of the Logistics Warehouse and Mail Center since 2012. CASIANO has been employed by the Medical Center since 2012 as a pipefitter in the Plumbing Department.
In December 2013, Postal Inspectors in San Juan, Puerto Rico, seized a suspicious package that was addressed to the Medical Center, to the attention of “Warehouse,” and discovered approximately two kilograms of cocaine inside the package.
On four separate occasions in July and August 2014, TUCKER was observed by undercover law enforcement personnel retrieving packages similar in size and weight to the aforementioned package from the Medical Center mailroom. The packages had been sent from San Juan, Puerto Rico, to the Medical Center, to the attention of “Logistic[s] Warehouse.” On each occasion, TUCKER brought the package to his office, and CASIANO subsequently went into TUCKER’s office and retrieved the package’s contents before carrying them out of the Medical Center building. Two of the four packages handled by CASIANO and TUCKER were examined by drug-sniffing dogs prior to delivery and tested positive for the presence of narcotics.
On September 2, 2014, TUCKER was observed on video surveillance retrieving another similarly addressed package from the Medical Center mailroom. TUCKER then brought the package to his office and met in the office with CASIANO, who provided $500 in cash to TUCKER. Thereafter, CASIANO brought the package to his car. As CASIANO attempted to drive out of the Medical Center facility, he was arrested by Postal Inspectors, VA-OIG agents, and DEA agents who seized one kilogram of cocaine from the car.
TUCKER, 64, and CASIANO, 29, are each charged with one count of conspiracy to distribute and possess with intent to distribute a controlled substance, in violation of 21 U.S.C. § 846. They each face a mandatory minimum of 10 years in prison and a maximum of life in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the investigative work of the USPIS, the Department of Veterans Affairs OIG, the Veterans Affairs Police, the DEA New York Organized Crime Drug Enforcement Task Force, and the Port Authority of New York and New Jersey Police, and thanked the Veterans Affairs Medical Center for its assistance. The DEA’s New York Organized Crime Drug Enforcement Strike Force comprises agents and officers of the U. S. Drug Enforcement Administration, the New York City Police Department, Immigration and Customs Enforcement’s Homeland Security Investigations, the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Secret Service, the U.S. Marshals Service, New York National Guard, Office of Foreign Assets Control, and the New York Department of Taxation and Finance.
This case is being prosecuted by the Office’s Narcotics Unit. Assistant United States Attorney Andrew DeFilippis is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Robert Tucker & Erik Casiano Complaint
Theresa Blow Pleads Guilty to Grand Isle EmbezzlementsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Theresa Blow, 65, of South Hero, pled guilty yesterday in United States District Court in Burlington to a charge of federal program embezzlement. U.S. District Judge William K. Sessions III released Blow on conditions pending sentencing, which has been scheduled for February 2, 2015.
Last week, the United States Attorney filed a one-count information charging Blow with embezzling from the Champlain Islands Parent-Child Center, a non-profit pre-school and after-school care center in South Hero for which she served as a contract bookkeeper. Blow pled guilty to that charge today. According to the information, between 2010 and March 2014, Blow embezzled tens of thousands of dollars from the Center by writing without authorization checks that were made payable to herself or to her husband's business, then forging the signature of the authorized signer on the Center's checking account. Blow deposited the forged checks into her personal bank account and used the proceeds for her own benefit.
The information charges that, in roughly the same time frame, Blow also embezzled tens of thousands of dollars from Grand Isle County, for which she served as appointed treasurer. She stole this money by issuing without authorization checks to herself of to her husband's business, then depositing the checks into her personal bank account.
The exact amount of the embezzlements is still under investigation and will be determined by the court at sentencing.
Blow faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to federal sentencing guidelines.
This case was investigated by the Vermont State Police and the Federal Bureau of Investigation.Blow is represented by Mark Kaplan. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Texas-Based Political Contributor Pleads Guilty to Evading Federal Election Campaign Contribution LimitsRead the Press Release
Earlier today, Diana Durand pleaded guilty to violating the Federal Election Campaign Act (FECA) by funneling campaign contributions through “straw donors” to the campaign committees of two candidates running for federal office. The guilty plea proceeding was held before Senior United States District Judge Sterling Johnson, Jr., at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, NY.
The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Office (FBI).
The defendant admitted to the Court that during the 2010 election cycle, she recruited “straw donors” who made political campaign contributions in excess of $10,000 to the campaign committees of two candidates for the House of Representatives, who are identified in the indictment as Candidate A and Candidate B. The defendant also admitted that in furtherance of this criminal activity, she either made advance payments to the straw donors who made the contributions, or reimbursed them after they made the contributions.
United States Attorney Lynch stated: “We and our partners in the FBI are committed to protecting the integrity of the electoral process and will aggressively pursue anyone who attempts to circumvent federal campaign financing laws. Enforcement of these laws ensures that all candidates compete on a level playing field and that the public knows the true source of a candidate’s campaign funds.”
Ms. Lynch expressed her grateful appreciation to the Public Integrity Section of the Department of Justice for its assistance throughout the investigation and prosecution of Durand.
The maximum term of imprisonment for the crime to which Durand pleaded guilty is two years.
The government’s case is being prosecuted by Assistant United States Attorneys Anthony M. Capozzolo, Robert L. Capers, and Marisa Megur Seifan.
The Defendant:
DIANA DURAND
Houston, Texas
Age: 48
Staten Island Physician’s Assistant and Two Other Individuals Arrested for Illegal Distribution of Oxycodone PillsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, James J. Hunt, the Acting Special Agent-in-Charge of the New York Field Division of the U.S. Drug Enforcement Administration (“DEA”), Thomas O’Donnell, the Special Agent-in-Charge of the New York Field Office of the United States Department of Health and Human Services Office of the Inspector General (“HHS-OIG”), and William J. Bratton, the Commissioner of the New York City Policy Department (“NYPD”), announced today the unsealing of an Indictment in Manhattan federal court charging LEONARD MARCHETTA, a physician’s assistant, WILLIAM TAGLIAFERRO, and GREGORY ZACCAGNINO with federal drug offenses in connection with an oxycodone distribution ring they operated out of a Staten Island-based medical clinic run by MARCHETTA. As alleged, MARCHETTA wrote medically unnecessary prescriptions for large quantities of oxycodone in exchange for cash and on a number of occasions, MARCHETTA issued prescriptions in the names of fictitious individuals or individuals whom MARCHETTA had never seen. TAGLIAFERRO and ZACCAGNINO recruited and paid individuals to pose as “patients” in order to obtain medically unnecessary prescriptions of oxycodone from MARCHETTA, according to the Indictment. The prescriptions were then allegedly filled at pharmacies, and TAGLIAFERRO and ZACCAGNINO collected the resulting pills, in part for distribution, as charged in the Indictment.
MARCHETTA, TAGLIAFERRO, and ZACCAGNINO were arrested this morning and will be presented in Manhattan federal court before U.S. Magistrate Judge Ronald L. Ellis later this afternoon. The case has been assigned to U.S. District Judge P. Kevin Castel.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Leonard Marchetta exploited his position as a physician’s assistant by doling out thousands of unnecessary prescriptions for oxycodone pills to phony patients, recruited by his co-defendants. Thanks to our law enforcement partners, Marchetta and his team were caught and they will now face justice for their alleged crimes, which come amidst an epidemic of prescription pill abuse now plaguing our area.”
DEA Acting Special Agent-in-Charge James J. Hunt said: “These three arrests are a stepping stone to removing one of the contributing factors of the opiate problem in Staten Island and throughout the United States – those who abuse our health care system and illegally prescribe pain medication which ultimately is sold throughout our streets. Identifying and arresting those who divert prescription medication, community outreach and treatment combined are the ultimate weapons to fight opiate abuse.”
HHS-OIG Special Agent-in-Charge Thomas O’Donnell said: “Today’s arrests reaffirm our commitment to working with our law enforcement partners to protect federally-funded health care programs as well as patients who rely on those programs from the dangers of America's prescription drug fraud epidemic.”
NYPD Commission William J. Bratton said: “These individuals allegedly operated an illegal pill mill, profiting with a drug that is responsible for numerous overdose deaths and tragedies. But thanks to the investigators and prosecutors involved in this case, this criminal enterprise has been dismantled and the persons responsible for the operation can no longer endanger lives by contributing to the supply of illegal narcotics in our communities.”
According to the allegations contained in the Indictment unsealed today in Manhattan federal court:
Oxycodone is a highly addictive, prescription narcotic-strength opioid used to treat severe and chronic pain conditions. Almost seven million Americans abuse controlled-substance prescription medications, including opioid painkillers, resulting in more deaths from prescription drug overdoses than auto accidents. Oxycodone prescriptions have enormous cash value to street level drug dealers, who can fill the prescriptions at most pharmacies and resell the resulting pills at vastly inflated rates. Indeed, a single prescription for 180 30-milligram oxycodone pills can net the distributor as much as $7,200 in cash.
As a physician’s assistant, MARCHETTA, under the supervision of a physician or surgeon, is able to diagnose and treat illnesses and prescribe medications. At all relevant times, MARCHETTA has been employed by and overseen the day-to-day operations of a Staten Island- based medical clinic (the “Clinic”), which advertises itself to the public as a family medical clinic.
MARCHETTA prescribed oxycodone to “patients” who had no medical need for oxycodone and no legitimate medical record documenting an ailment for which oxycodone would be prescribed. MARCHETTA’s fee for his participation in the scheme was typically approximately $250 in cash for “doctor visits” that usually lasted just a minute or two, involved no actual physical examination, and consistently resulted in the issuance of a prescription for large doses of oxycodone, typically 150 30-milligram tablets. MARCHETTA also received a separate fee of approximately $500 in cash for each medically unnecessary oxycodone prescription he issued. On a number of occasions, MARCHETTA issued prescriptions in the names of fictitious individuals or individuals whom MARCHETTA never saw in exchange for cash.
TAGLIAFERRO and ZACCAGNINO recruited and paid individuals to pose as “patients” in order to receive medically unnecessary prescriptions from MARCHETTA. TAGLIAFERRO and ZACCAGNINO made appointments directly with the Clinic for the “patients” they sent to see MARCHETTA. On a number of occasions, TAGLIAFERRO and ZACCAGNINO obtained prescriptions issued by MARCHETTA in the name of the “patient” without the “patient” setting foot in the Clinic.
After MARCHETTA issued a medically unnecessary oxycodone prescription in the name of the “patient,” TAGLIAFERRO or ZACCAGNINO then took or referred the “patient” to a pharmacy to fill the oxycodone prescription – that is, to obtain the oxycodone tablets – of which TAGLIAFERRO or ZACCAGNINO took possession, in part for distribution. TAGLIAFERRO and ZACCAGNINO paid the “patients,” typically $150 to $200 in cash, for obtaining and handing over the oxycodone tablets that had been prescribed to them by MARCHETTA. At times, ZACCAGNINO paid the “patients,” some of whom were addicted to oxycodone, with oxycodone tablets for their services.
At TAGLIAFERRO’s direction, certain “patients” of MARCHETTA billed Medicaid or private health insurance carriers for filling the medically unnecessary oxycodone prescriptions that MARCHETTA issued.
MARCHETTA, 47, TAGLIAFERRO, 41, and ZACCAGNINO, 49, all of Staten Island, New York, are each charged with one count of conspiracy to distribute and possess with intent to distribute oxycodone, which carries a maximum sentence of 20 years in prison. TAGLIAFERRO is also charged with conspiracy to commit health care fraud, which carries a maximum sentence of 20 years in prison. The maximum statutory sentences are prescribed by Congress and are provided here for informational purposes, as any sentencing of the defendants would be determined by the judge.
Mr. Bharara thanked the United States Department of Health and Human Services, the New York State Department of Financial Services, and the DEA Tactical Diversion Squad New York (TDS-NY) comprising agents and officers from the DEA, the New York City Police Department, Town of Orangetown Police Department and Westchester County Police Department for their work in the investigation, which he noted is ongoing.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorney Edward A. Imperatore is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Leonard Marchetta, et al. Indictment
Spokane Woman Sentenced for Trafficking Methamphetamine on the Coeur D'Alene Indian ReservationRead the Press Release
COEUR D'ALENE - Amanda Marie Dahlen, 27, of Spokane, Washington, was sentenced yesterday to 60 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Dahlen to serve five years of supervised release following her prison term, and the forfeiture of $6,000. She pleaded guilty to the charge on June 17, 2014.
According to court documents, on September 11, 2013, Dahlen was stopped by a Coeur d’Alene Tribal Police officer after her vehicle was observed weaving on the roadway. During the traffic stop the officer deployed his K-9 around Dahlen’s vehicle. The K-9 indicated that Dahlen’s vehicle contained drugs. Officers searched Dahlen’s vehicle and seized numerous bags of methamphetamine, a digital scale, $2,814 in cash, and drug notes and ledgers.
The case was investigated by Coeur d’Alene Tribal Police Department, Bureau of Indian Affairs, and Drug Enforcement Administration.
South Carolina Man Pleads Guilty to Fraud in Foreign Labor Contracting, Visa Fraud and Wage and Hour ViolationsRead the Press Release
Acting Assistant Attorney General Molly Moran for the Civil Rights Division and United States Attorney Bill Nettles announced today that Reginald Wayne Miller, of Marion, South Carolina, has entered a guilty plea in federal court in Florence to fraud in foreign labor contracting. Additionally, Miller entered a guilty plea to visa fraud and wage and hour violations. United States District Judge R. Bryan Harwell of Florence accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. probation office.
Evidence presented at the hearing established that Miller knowingly recruited and enticed foreign students to attend Cathedral Bible College, where he was president. In doing so, Miller recruited these students outside of the United States for purposes of employment at Cathedral Bible College by means of false representations and promises regarding the employment. Further, he made material false statements under penalty of perjury on the related immigration documents for these student employees. Once the students arrived in the United States, Miller violated the Fair Labor Standards Act by failing to pay the student employees the applicable minimum wage.
The maximum penalty for fraud in foreign labor contracting is imprisonment for five years and/or a fine of $250,000. The maximum penalty for visa fraud is imprisonment for 15 years and/or a fine of $250,000. The maximum penalty for wage and hour violations is imprisonment for six years and/or a fine of $10,000.
The case was investigated by agents of the U.S. Department of Homeland Security, Immigration and Customs Enforcement. Justice Department Civil Rights Division Trial Attorney Saeed A. Mody and Assistant U.S. Attorney Carrie Fisher Sherard are prosecuting the case.
SoCal Immigration Attorney Charged in Indictment and Civil Lawsuit with Defrauding Foreign Investors Seeking ‘Green Cards’Read the Press Release
LOS ANGELES – In coordinated criminal and civil actions filed today, federal prosecutors obtained an indictment and the Securities and Exchange Commission filed a civil complaint against a Los Angeles-based immigration attorney who allegedly ran an investment scheme that defrauded foreign investors seeking permanent residency status in the United States through the EB-5 Immigrant Investor Program.
The indictment and the SEC’s lawsuit alleges that Justin Moongyu Lee raised millions of dollars from dozens of investors – mainly in Korea and China – seeking to participate in the EB-5 program, which provides immigrants an opportunity to obtain permanent residency status by investing in a domestic project to create or preserve jobs for domestic workers.
Both cases allege that Lee – a 57-year-old lawyer who most recently resided in the Hancock Park section of Los Angeles – informed investors that they would be eligible to obtain a “Green Card” if they invested in an ethanol production facility. Instead of using the victims’ money for the biofuel project, Lee allegedly misappropriated the money for his own use. The ethanol plant was never built and the promised jobs were never created, and the foreign nationals lost their opportunity to obtain permanent residency.
A federal grand jury in Santa Ana late this morning returned a nine-count indictment that alleges Lee took approximately $47 million from 94 foreign investors. The indictment alleges that Lee used advertisements in foreign newspapers and other means to solicit Korean and Chinese nationals to invest $500,000 each, plus another $40,000 for administrative and legal fees. Lee guaranteed small annual returns on the investments, as well as “Green Cards” for the foreign nationals. But, according to the indictment, Lee did not make the investments in purported biofuel production facilities and he submitted bogus paperwork to U.S. Citizenship and Immigration Services, which administers the EB-5 program.
Lee is currently in custody in Korea on charges related to this alleged scheme.
Each of the nine wire fraud charges in the indictment carries a statutory maximum penalty of 20 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The SEC’s civil case – which names Lee; his wife, Rebecca Taewon Lee; and Thomas Edward Kent – alleges that the trio raised nearly $11.5 million from two dozen investors seeking to participate in the EB-5 program. According to the SEC’s complaint, the Lees and Kent concealed their failure to generate the jobs required by the EB-5 program by submitting false documents to the USCIS. The Lees allegedly misused several million dollars raised from the ethanol plant investors for other purposes, such as financing an iron ore project in the Philippines, an allegation that is mirrored in the indictment.
The SEC’s complaint, which was filed in United States District Court in Los Angeles, charges the Lees, Kent, and five companies founded and controlled by Justin Lee. The lawsuit seeks disgorgement, prejudgment interest and penalties, along with permanent injunctions (for further information on the SEC case, see: http://www.sec.gov/News/PressRelease/Detail/PressRelease/1370542843452).
The criminal investigation into Lee was conducted by the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement and IRS – Criminal Investigation.
The State Bar of California has taken disciplinary action against Lee because of an alleged “major misappropriation of client funds,” and he is now longer allowed to practice law (see: http://members.calbar.ca.gov/fal/Member/Detail/187507).
Release No. 14-112
Sinaloa Cartel Bodyguard Sentenced to Federal Prison for MurderRead the Press Release
In El Paso, 29-year-old Rigoberto Ruiz-Alatorre, an admitted drug trafficker and former bodyguard for Sinaloa narcotrafficker Gabino Salas-Valenciano (aka “El Ingeniero”), was sentenced to 28 years in federal prison and fined $5,000 for murdering a member of his drug trafficking organization announced United States Attorney Robert Pitman, Drug Enforcement Administration Special Agent in Charge Will Glaspy, El Paso Division, and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
On May 16, 2014, the third day of his trial on federal drug and firearms charges, Ruiz-Alatorre pleaded guilty to one count of murder resulting from the use or carrying of firearms during and in relation to a drug trafficking crime. By pleading guilty, Ruiz admitted to trafficking over 1,000 kilograms of marijuana in both the Western District of Texas and the District of New Mexico from 2002 to 2006; and, while in Albuquerque, NM, in July 2006, he shot and killed Roswell, NM, resident Fermin Rodriguez-Gonzalez to facilitate his narcotics trafficking operation and to prevent Rodriguez-Gonzalez from providing law enforcement with details of Ruiz’ narcotics trafficking activities.
This joint investigation was conducted by the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) together with the United States Border Patrol (USBP), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI) and the Bernalillo County (NM) Sheriff’s Office.Saint Albans Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
HUNTINGTON, W.Va. – A Saint Albans man who illegally possessed a firearm on July 2, 2014, pleaded guilty today to a federal firearms charge, announced U.S. Attorney Booth Goodwin. Keival Lewis Kelley, 30, pleaded guilty to being a felon in possession of a firearm. Kelley entered his guilty plea before Chief United States District Judge Robert C. Chambers in Huntington.
On July 2, 2014, the U.S. Marshals Service arrested Kelley at a residence in Huntington after Kelley was charged with distribution of heroin. When Kelley was arrested, he was found to be in possession of a loaded,.25 caliber Taurus semiautomatic pistol.
Kelley had previously been convicted in the U.S. District Court for the Southern District of West Virginia in 2006 and 2011 on federal drug trafficking charges. He was on federal supervised release at the time of his most recent arrest.
Kelley faces up to 10 years in federal prison when he is sentence on December 1, 2014.
The Kanawha County Sheriff’s Department STOP team and the U.S. Marshals Service conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the investigation.
The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.
SSB Bloods Gang Member Sentenced to over 17 Years in Prison for Racketeering ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Theodore Clifton Matthews, a/k/a “Trigger,” age 32, of Baltimore, today to 210 months in prison followed by three years of supervised release for conspiring to participate in a racketeering enterprise, the South Side Brims (SSB) Bloods gang.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven E. Vogt of the Federal Bureau of Investigation; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.According to his plea agreement, Matthews was a member of the SSBs, a subset of the Bloods Gang which is a violent street gang with thousands of members across the country. The traditional power centers of the Bloods’ gang’s national leadership structure are predominantly located in California and its members and associates have operated in many states across the country. The SSBs are located primarily in Maryland, but have ties to other Bloods gang members in California, New York City, New Jersey, Virginia, and South Carolina. SSBs have operated in the District of Maryland since at least 2005.
Matthews was a member of the SSBs operating in and around Baltimore. On September 4, 2009, a street fight broke out between two groups of men in the Curtis Bay neighborhood in Baltimore. One man was struck on his head with a brick. Others pulled out knives, including David Hunt, a member of the Dead Man Inc. prison gang. The fight continued down Pennington Avenue onto Elmtree Street. At some point, Matthews directed an SSB member to retrieve a 12 gauge shotgun and urged him to shoot David Hunt. Another SSB member subsequently fired the shotgun and killed David Hunt.
On November 4, 2010, Matthews was arrested in the 4600 block of Pennington Avenue in Baltimore, in possession of 15 small bags, each containing crack cocaine. The arrest was made after officers watched a transaction between Matthews and a customer.
On June 5, 2011, Matthews shot at three men who were walking in the 1500 block of Elmtree in Baltimore. One man was wounded in his right foot and returned fire, hitting an unoccupied truck parked nearby.
Matthews was arrested on June 9, 2011. Matthews admitted to dealing drugs in Curtis Bay since early 2009.
Thirty six SSB members and associates have pleaded guilty to their roles in the conspiracy, including Andre Ricardo Roach, a/k/a “Squeaky,” “Redrum,” and “Rum,” age 35, of Prince George’s County, Maryland, its founder and leader of the gang, which operated from Western Maryland to the lower Eastern Shore. Roach was sentenced to 30 years in prison.
United States Attorney Rosenstein praised the FBI, Maryland State Police, ATF, Baltimore City Police Department, and the State’s Attorney’s Office of Baltimore City for their investigation of this Organized Crime Drug Enforcement Task Force case. Mr. Rosenstein also recognized the Maryland Department of Public Safety and Correctional Services and the Drug Enforcement Administration for their assistance in the investigation.Mr. Rosenstein thanked Assistant U.S. Attorneys Andrea L. Smith and A. David Copperthite, who prosecuted this case.
Rutherford County Man Pleads Guilty to Social Security FraudRead the Press Release
Walter Lewis Glenn, 59, of La Vergne, Tennessee, pleaded guilty today, in U.S. District Court, to two counts of Social Security Fraud, announced David Rivera, United States Attorney for the Middle District of Tennessee.
During a plea hearing today before Senior U.S. District Court Judge Marvin E. Aspen, Glenn admitted making false statements on an application for Supplemental Security Income (“SSI”), a needs-based safety net program administered by the Social Security Administration.
Glenn pleaded guilty to allegations that, in connection with a December 2010 application for SSI benefits, he falsely stated that his spouse received no income, although his wife was receiving income from her employment. Glenn also pleaded guilty to allegations that, in connection with his SSI application, he denied that he had previously been convicted of a felony, despite having been convicted in September 2010 of a felony theft offense in which he fraudulently obtained more than $196,000 from the Social Security Administration.Glenn is scheduled to be sentenced by Judge Aspen on December 9, 2014. He faces a maximum punishment on each count of five years in prison and a $250,000 fine.
This case was investigated by the Social Security Administration Office of Inspector General, with assistance from the U.S. Department of Veterans Affairs Office of Inspector General. The United States is represented by Assistant U.S. Attorneys William F. Abely and Stephanie N. Toussaint.
Richmond Store Owner Pleads Guilty in Cigarette and Wire Fraud SchemeRead the Press Release
RICHMOND, Va. – Mohamed Seid Ahmed Mohamed, 56, of North Chesterfield, Virginia, pleaded guilty today to conspiracy to commit wire fraud and to traffic in contraband cigarettes.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; and Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, made the announcement after the plea was accepted by United States Magistrate Judge David J. Novak.
Mohamed was charged with the conspiracy on August 25, 2014, in a one-count criminal information. He faces a maximum penalty of 5 years’ imprisonment, full restitution, and a fine of $250,000, when he is sentenced on December 11, 2014 before Senior United States District Judge Robert E. Payne.
According to the statement of facts filed with the plea agreement, Mohamed was the owner and operator of The Cigarette Club, LLC, a cigarette retail store in Richmond, Virginia, doing business under the name City Cigarettes. From June 2011 to Jan. 2014, Mohamed and his co-conspirators purchased over 440,000 cartons—worth approximately $19.8 million—of various brands of cigarettes at wholesale stores in the Richmond area using multiple membership accounts. In making the purchases, Mohamed and his co-conspirators certified that the cigarettes would be resold through Mohamed’s retail business. As a result, Mohamed and his co-conspirators were able to purchase the cigarettes without paying the applicable Virginia Retail Sales and Use Tax. However, at the time of each purchase, Mohamed and his co-conspirators intended to sell, and ultimately did sell, the overwhelming majority of the cigarettes to individuals who they knew were transporting the cigarettes to jurisdictions outside of the Commonwealth of Virginia for resale as untaxed cigarettes. Mohamed and his co-conspirators never intended to and, in fact, did not collect or pay, the applicable Virginia Retail Sales and Use Tax for the cigarettes purchased at the wholesaler. The activity of the conspiracy resulted in lost sales tax revenue to the Commonwealth of Virginia in the amount of $1,009,046.
This case was investigated by the Internal Revenue Service, with assistance from the Multi-Jurisdictional Special Operations Group. Assistant United States Attorney Dominick S. Gerace is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Raleigh and Middlesex Residents Sentenced for Drug Trafficking and Firearm OffensesRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced today in federal court, Chief United States District Judge James C. Dever III sentenced ANTHONY WAYNE WIGGINS , 51, of Middlesex to life imprisonment, followed by 10 years of supervised release.
WIGGINS was named in an a Superseding Indictment filed on April 9, 2013 charging him with Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine, Possession With Intent to Distribute 28 Grams or More of Cocaine Base (Crack), and Possession of a Firearm by a Convicted Felon. On March 13, 2014, WIGGINS was found guilty on these charges after a 3 day trial.
Also charged in the Superseding Indictment were ASAEL GOMEZ-JIMENEZ, SILVINO LARA-LARA, DARIO GOMES-JUAREZ and LUISIANA FIGUERROA-QUEZADA.
GOMEZ-JIMENEZ was named in a Superseding Indictment filed on April 9, 2013 charging him with Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine, Distribution of a Quantity of Cocaine, Possession with the Intent to Distribute a Quantity of Cocaine and Aiding and Abetting, and Eluding Examination and Inspection by Immigration Officers. On March 13, 2014, GOMEZ-JIMENEZ was found guilty on these charges after a 3 day trial. On July 8, 2014, GOMEZ-JIMENEZ was sentenced to 324 months imprisonment, followed by five years of supervised release.
LARA-LARA was named in an a Superseding Indictment filed on April 9, 2013 charging him with Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine, Two Counts of Distribution of a Quantity of Cocaine and Aiding and Abetting, Possession with the Intent to Distribute a Quantity of Cocaine and Aiding and Abetting, and Eluding Examination and Inspection by Immigration Officers. On March 4, 2014, LARA-LARA pled guilty to these charges. On July 8, 2014, LARA-LARA received a sentence of 132 months followed by a term of five years supervised release.
GOMEZ-JUAREZ was named in an a Superseding Indictment filed on April 9, 2013 charging him with Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine, Three Counts of Distribution of a Quantity of Cocaine and Aiding and Abetting, and Eluding Examination and Inspection by Immigration Officers. On March 7, 2014, GOMEZ-JUAREZ pled guilty to these charges. On August 5, 2014, GOMEZ-JUAREZ received a sentence of 180 months followed by a term of five years supervised release.
FIGUERROA-QUEZADA was named in an a Superseding Indictment filed on April 9, 2013 charging her with Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine. On June 17, 2013, FIGUERROA-QUEZADA pled guilty to that charge. On July 8, 2014, FIGUERROA-QUEZADA received a sentence of 30 months followed by a term of five years supervised release.
According to the investigation, GOMEZ-JIMENEZ, WIGGINS and their co-conspirators were involved in a large drug trafficking organization (DTO) which operated in and around Middlesex, North Carolina. GOMEZ-JIMENEZ led this operation beginning in and around November of 2011. During the course of the conspiracy, the DTO was responsible for the distribution of at least 22 kilograms of cocaine in the Eastern District of North Carolina. WIGGINS regularly purchased cocaine from the DTO. On June 30, 2012, officers responded to a domestic disturbance between WIGGINS and his girlfriend. His girlfriend told officers that WIGGINS had drugs and firearms in their residence and led officers to a can which contained 12.8 grams of crack cocaine. A search of the residence revealed an additional 40.34 grams of crack cocaine, two Pyrex glass measuring cups with cocaine residue, which were used to convert cocaine to cocaine base, a Hi-Point 9mm rifle, and several boxes of .45 caliber and .40 caliber ammunition. Officers also seized $3,715.00 in currency from WIGGINS. The investigation concluded that WIGGINS is conservatively responsible for the distribution of 7.5 kilograms of cocaine and 53.14 grams of cocaine base.
Investigation of this case was conducted by the Drug Enforcement Administration, Immigration and Custom Enforcement’s Homeland Security Investigations (HSI), the Raleigh Police Department, the Nash County Sheriff’s Office, the Wilson Police Department and the Person County Sheriff’s Office. Assistant United States Attorney Jennifer E. Wells prosecuted the case for the government.
Prison Inmate Cheats Taxpayers Out of Medicaid FundsRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on September 3, 2014, Christopher Spivey, 30, pled guilty to submitting false and fraudulent bills in relation to personal assistant services in the Home Services Program, a Medicaid Waiver Program designed to allow individuals to stay in their homes instead of entering a nursing home. The investigation determined that Spivey was submitting bills claiming to care for the customer while he was incarcerated in Richland County Jail in Olney, Illinois.
The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General and the Illinois State Police’s Medicaid Fraud Control Bureau. The case is being prosecuted by Assistant United States Attorney Liam Coonan and Special Assistant United States Attorney Michael J. Hallock.
Philadelphia Sex Trafficker Gets 22 Year Prison SentenceRead the Press Release
Rashaad McIntyre, 26, of Philadelphia, PA was sentenced today to 22 years in prison for sex trafficking minors and production of child pornography. McIntyre pleaded guilty to the three counts of sex trafficking and one count of producing child pornography on July 1, 2013. Between December 1, 2011 and June 10, 2012, McIntyre recruited, coerced, forced, or threatened three teenaged girls into prostitution. He advertised the 15 and 16-year olds on an Internet website known as Backpage.com and caused the minors to engage in sexual acts with numerous adult men at hotels in Philadelphia. He collected 100% of the girls’ profits from performing commercial sex acts. He also photographed each of the girls working for him so he could post the photos on the website. One of the images he posted was of a minor engaging in oral sex.
In addition to the prison term, U.S. District Court Judge Joel H. Slomsky ordered McIntyre to pay restitution to the victims in the amount of $125,600 and ordered 20 years of supervised release and a $400 special assessment.
The defendant’s brother, Rahim McIntyre, 36, was sentenced last week in federal court by the Honorable Harvey J. Bartle to 21 years, 10 months in prison on three counts of sex trafficking of adults by force.
The case was investigated by the Federal Bureau of Investigation, with assistance from the Phila Police Special Victims Unit. It was prosecuted by Assistant United States Attorney Michelle Morgan.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Parkersburg Man Sentenced to 17 1/2 Years in Federal Prison for Accessing Child Pornography on A Library ComputerRead the Press Release
Defendant also sentenced to lifetime supervision after release; previously convicted of possessing child pornography in 2000
HUNTINGTON, W.Va. – Matthew John Wiggins, a 41-year old Wood County resident, was sentenced today to 17½years in federal prison followed by a life term of supervised release, United States Attorney Booth Goodwin announced. Wiggins’ sentence follows his conviction last March for accessing child pornography with intent to view it and attempting to persuade a person to destroy evidence. The sentence was imposed by Chief United States District Judge Robert C. Chambers.Following a bench trial in March of 2014, Wiggins was found guilty of knowingly accessing child pornography with intent to view it while he was logged on to a computer located at the Parkersburg and Wood County Library on January 16 and 17, 2013. Chief Judge Chambers also found that on the eve of trial, Wiggins sent a letter to a person attempting to persuade that person to destroy a library card that Wiggins knew would be important evidence in his trial.
“Criminals who seek out child pornography are supporting and sustaining the exploitation of children,” said U.S. Attorney Goodwin. “It’s heartbreaking to think of the children whose innocence was stolen to entertain people like this defendant. I applaud the tough sentence that Chief Judge Chambers handed down. It should send a powerful message.”
In imposing today’s sentence, Chief Judge Chambers praised the diligent and efficient police work that led to Wiggins’ arrest. The investigation of Wiggins began when an Information Security Officer with the West Virginia Office of Information Security and Controls, an agency that monitors state computers for illegal activity, discovered that someone at the Parkersburg and Wood County Library was downloading child pornography images on a library computer on January 16 and 17, 2013. The Office of Information Security and Controls was able to trace the internet protocol (IP) address to a computer that was located on the main floor of the library. The Information Security Officer reported the illegal activity to the West Virginia Internet Crimes Against Children Task Force.
On January 17, 2013, a member of the West Virginia Internet Crimes Against Children Task Force and two Parkersburg Police Department detectives went to the library and found Wiggins sitting at the computer on which he had downloaded child pornography on January 16 and 17. A forensic examination performed on that computer revealed that Wiggins accessed, with intent to view, 324 images of child pornography. Some of the images depict minors engaged in sadistic and masochistic conduct or other acts of violence.
Wiggins was previously convicted in federal court in the Southern District of West Virginia in 2000 of knowingly possessing child pornography and was sentenced to 27 months’ imprisonment. Within 11 days of being released from prison, he was found to be in possession of a computer in violation of the terms and conditions of his supervised release. At that time, Wiggins admitted to using software designed to delete data on the computer he had at his residence. During Wiggins’ second term of supervised release, he was caught viewing pictures of naked young females on a computer located at the West Virginia University Parkersburg library and was sentenced to imprisonment for 12 months.
The investigation of Wiggins was conducted by the West Virginia Internet Crimes Against Children Task Force, with the assistance of the West Virginia Office of Information Security and Controls, the Parkersburg Police Department, the West Virginia State Police and the Federal Bureau of Investigation. Assistant United States Attorneys Lisa Johnston and Jennifer Rada Herrald were in charge of the prosecution.
This case was prosecuted as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims.
Orlando Man Sentenced to 60 Years in Federal Prison on Child Pornography ChargesRead the Press Release
Orlando, FL – Senior U.S. District Judge John Antoon, II sentenced William Edward Osman (34, Orlando) to 60 years in federal prison for the production, distribution, and possession of child pornography. Osman was also ordered to serve a life term of supervised release and to register as a sex offender upon completion of his custodial sentence. Osman pleaded guilty on February 28, 2014, and he was sentenced on August 29, 2014.
According to court documents, beginning in December 2012, Osman began sexually abusing his one-year-old child and taking pictures of that abuse with his cell phone. Over a period of several months, Osman continued to systematically record his abuse of the child. In September 2013, Osman traded some of the images of child pornography he had produced using his infant child with another man in Brevard County, Florida, who was recording the abuse of his own three-year-old child. The two met when the Brevard County man responded to a personal ad Osman had placed on Craigslist. They soon began discussing the abuse of their children, specifically mentioning their interest in having a “baby orgy.”
On October 15, 2013, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) executed a search warrant at Osman’s home in Orange County, Florida. During the search, agents recovered the images Osman had produced using his infant child and the images the man from Brevard County had sent of his own infant child. Investigators also found 194 movies and 588 images of child pornography on Osman’s media storage devices. Most of the movies and images depicted prepubescent children and/or sadomasochistic conduct.
“Protecting our children from these crimes is one of HSI’s top priorities,” said Susan L. McCormick, Special Agent in Charge of HSI Tampa. “This sentencing should serve as a stark reminder to the serious nature of crimes against children.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.
It is another case 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 (CEOS), 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.projectsafechildhood.gov.
Norfolk Man Pleads Guilty to Stealing Identities and Filing False Income Tax ReturnsRead the Press Release
NORFOLK, Va. – Donte Demus, 26, of Norfolk, Va., pleaded guilty today in Norfolk federal court to wire fraud and aggravated identity theft for his role in a scheme to steal identities and file false income tax returns with the Internal Revenue Service (IRS).
Dana J. Boente, United States Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by United States District Judge Raymond A. Jackson. Demus will be sentenced on December 4, 2014 and faces a mandatory minimum sentence of 2 years and a maximum sentence of 22 years in federal prison.
According to court documents, Demus, along with two other conspirators, devised a scheme by which they stole the identities of individuals and used them to file false income tax returns with the IRS. Demus obtained a number of identities from Travis Hager, a co-conspirator who was incarcerated in the Virginia Beach jail. Demus passed these identities to a third co-conspirator who actually filed the false returns. The refunds were then sent on a prepaid debit card to Demus at an address in Norfolk, Virginia. According to the indictment, Demus and his co-conspirators attempted to fraudulently obtain in excess of $163,000 in fraudulent tax refunds. As part of his plea agreement, Demus agreed to make restitution to the United States Treasury.
Travis Hager previously pleaded guilty for his role in the scheme on June 4, 2014. He is scheduled to be sentenced on October 1, 2014.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division. Assistant United States Attorney Joseph Kosky prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.New Castle Man Facing Federal Firearms and Drug ChargesRead the Press Release
PITTSBURGH – A Lawrence County man has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotics laws, United States Attorney David J. Hickton announced today.
The four-count indictment, returned on April 9 and unsealed today following his arrest in Texas this week, named Lemarcus Robert Cleckley, 32, of New Castle, Pa.
According to the indictment, on or about Feb. 4, 2014, Cleckley, who has a prior felony conviction, possessed multiple firearms. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm. Also on or about Feb. 4, 2014, Cleckley possessed and intended to distribute less than 100 grams of heroin and, in furtherance of that drug trafficking crime, Cleckley also possessed a firearm. Also on or about Feb. 4, 2014, Cleckley possessed an unregistered firearm (a machinegun).
The law provides for a maximum total sentence for the various charges ranging from not less than five years to life in prison, and fines ranging from $250,000 to 1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses, and the prior criminal history of the defendant.
Assistant United States Attorney Jonathan B. Ortiz is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the indictment in this case.
This case is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Michigan Man Sentenced for Mortgage Fraud Conspiracy Using Straw Home BuyersRead the Press Release
A Southfield, Michigan, resident was sentenced today to serve 21 months in prison to be followed by two years of supervised release for his participation in a conspiracy to commit bank fraud, the Justice Department announced.
Peter Allen was charged in a superseding indictment on July 16, 2013, and pleaded guilty to conspiracy to commit bank fraud on April 29. Allen was also ordered to pay $96,400 and $97,900 in restitution, respectively, to National City Bank and Fannie Mae, the financial institutions that he helped defraud.
Court documents state that from approximately January 2006 to December 2008, Allen and his co-defendants conspired to defraud lending institutions by obtaining mortgage loans using fraudulent information. The charging documents allege that Allen and others devised a scheme wherein they purchased property for approximately $5,000 to $40,000 per home, and then recruited straw buyers to submit fraudulent loan applications for home mortgages in exchange for a fee. According court documents, Allen assisted in executing the relevant scheme by meeting with straw buyers and encouraging them to participate in the scheme. The loss resulting from Allen’s criminal activities is approximately $231,000.
This case was investigated by the FBI, Internal Revenue Service – Criminal Investigation and the Drug Enforcement Administration. Senior Litigation Counsel Corey Smith and Trial Attorney Mark McDonald of the Tax Division are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division website
- Mexican Pleads to Cocaine Importing Conspiracy as Trial Set to Begin
Member of Guinea Bissau-Based International Narcotics Trafficking Conspiracy Sentenced in Manhattan Federal Court to 78 Months in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that PAPIS DJEME, a citizen of Guinea Bissau, was sentenced today in Manhattan federal court to 78 months in prison for participating in a conspiracy to import narcotics into the United States. DJEME was arrested on April 2, 2013, by the Drug Enforcement Administration’s (“DEA”) Special Operations Division, Bilateral Investigative Unit Narco-Terrorism Group, and the DEA’s Foreign-deployed Advisory Support Team (“FAST”) off the coast of West Africa while onboard a vessel under DEA control in international waters. On April 29, 2014, DJEME pled guilty before U.S. District Judge Richard M. Berman, who also imposed today’s sentence.
Manhattan U.S. Attorney Preet Bharara said: “From start to finish, this case has shown that US law enforcement will bring to justice traffickers who bring illegal drugs into this country, even when their criminal acts span four continents. Djeme and his codefendants conspired to transport drugs between South America and West Africa and sell them in Europe and the US. Now he faces 78 months in federal prison here.”
According to the Indictment, other documents filed in Manhattan federal court, and statements made at DJEME’s guilty plea and today’s sentencing:
Beginning in the summer of 2012, DJEME and his co-defendants, former Guinea Bissau Naval Admiral Jose Americo Bubo Natchuto and Tchamy Yala, engaged in a series of recorded meetings in Guinea Bissau with confidential sources (the “CSs”) working with the DEA who purported to be representatives and/or associates of South American-based narcotics traffickers.
In an early meeting in which Natchuto and Yala discussed the shipment of ton-quantities of cocaine from South America to Guinea Bissau by sea, Natchuto noted that the Guinea Bissau government was weak in light of the recent coup d’état and that it was therefore an ideal time for the proposed cocaine transaction. At an October 2012 meeting, DJEME advocated using “go-fast” boats to transport the cocaine into Guinea Bissau, because such boats could more easily navigate the waters of Guinea Bissau, and provided a photograph of the type of “go-fast” boat that could be used to transport the cocaine, as well as information for the purchase of such boats.
In further meetings, DJEME, Natchuto, and Yala agreed to assist the CSs by receiving a two-ton load of cocaine that would be transported to Guinea Bissau by boat and stored in Guinea Bissau for distribution to Europe and the United States. For example, on November 17, 2012, DJEME and his co-defendants met with two of the CSs in Guinea Bissau and discussed importing 1,000 kilograms of cocaine into the United States. Also during the meeting, Natchuto offered to utilize a company that he owned to facilitate the shipment of cocaine out of Guinea Bissau. DJEME agreed to provide the two CSs with business documents for Natchuto’s company, and additionally confirmed that he and Yala would handle the security of the drugs in Guinea Bissau, with only DJEME, Natchuto, and Yala knowing the precise location of the drugs.
At a meeting the following day at which DJEME was present, Natchuto confirmed that he would charge a fee of $1,000,000 per 1,000 kilograms of cocaine received in Guinea Bissau. DJEME provided the confidential source who was posing as the cocaine supplier with a Skype account and two email addresses. The CSs later received emails from the accounts provided by DJEME, including a December 2012 email with longitude and latitude coordinates for where the boat transporting the cocaine from South America could meet the “go fast” boat off the west coast of Africa, so the cocaine could then be brought to Guinea Bissau on the “go fast” boat.
In addition to his prison term, DJEME, 31, was sentenced to three years of supervised release and was ordered to pay a $100 special assessment.
On April 28, 2014, DJEME’s co-defendant, Tchamy Yala, pled guilty to participating in a conspiracy to import narcotics into the United States. Yala’s sentencing is scheduled to take place before Judge Berman on November 17, 2014, at 11:00 a.m.
Mr. Bharara praised the outstanding efforts of the Special Operations Division of the DEA. Mr. Bharara also thanked DEA’s FAST, Lisbon Country Office, and Bogota Country Office, as well as the U.S. Department of Justice’s Office of International Affairs and the U.S. Department of State.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Aimee Hector is in charge of the prosecution.
U.S. v. Papis Djeme S1 Indictment
Mechanicville Man Indicted on Child Pornography ChargesRead the Press Release
Alleged Production of Child Pornography
ALBANY, NEW YORK – A grand jury returned an indictment charging ROBERT McLAUGHLIN, age 57, of Mechanicville, New York, with two counts of production of child pornography, announced United States Attorney Richard S. Hartunian.1 McLAUGHLIN faces up to 30 years of imprisonment and a maximum fine of $250,000 on each count.
McLAUGHLIN had his initial appearance and arraignment on the charges in Albany today before the Honorable Christian F. Hummel, United States Magistrate Judge. McLAUGHLIN was detained pending resolution of the charges.
According to the indictment, between 2012 and 2014, McLAUGHLIN engaged in sexually explicit conduct with two young girls and also produced visual depictions of such conduct.
This case is being investigated by the New York State Police and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Lisa M. Fletcher and Special Assistant United States Attorney Amanda W. Cox.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj,gov/psc and click on the “resources” tab.
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1The charge is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Massachusetts Man Sentenced to 15 Years in Prison on Gun ChargeRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced Jermaine
Whindleton, a/k/a “Sin,” 28, formerly of Worcester, Massachusetts, was sentenced today in U.S.
District Court by Judge Nancy Torresen to 15 years in prison and five years of supervised release for being a felon in possession of a firearm. Whindleton was convicted on April 9, 2014 following a two-day jury trial.According to trial evidence and court documents, in 2009, Whindleton was convicted in
Massachusetts of felony drug and assault charges. Several years earlier, he had also been convicted in New York of felony drug and assault charges. On June 12, 2012, Whindleton used a
Mossberg 16 gauge pump-action shotgun in Porter, Maine to assault a drug associate by striking him on the back of his head with the butt end of the firearm during an argument over a drug debt owed to Whindleton.As a result of prior convictions, Whindleton was subject to an enhanced sentence as an
Armed Career Criminal requiring a mandatory minimum of 15 years in prison.The investigation was conducted by the Maine State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Man Charged in $4 Million Tax Fraud Scheme Involving Hundreds of Stolen IdentitiesRead the Press Release
WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that an Indictment has been handed down by a federal grand jury charging James Ekeke, age 26, of Smyrna, Georgia, with false claims conspiracy (18 U.S.C. § 286), aiding and abetting access device fraud (18 U.S.C. § 1029 & 2), wire fraud (18 U.S.C. § 1343), and money laundering (18 U.S.C. § 1956). The defendant faces up to 20 years in prison on the wire fraud and money laundering charges, and 10 years on the remaining counts, in addition to possible fines and restitution.
The Indictment alleges that, from January through November 2013, the defendant obtained hundreds of names and social security numbers of individuals in Delaware, New Jersey, Ohio, and elsewhere. The defendant supplied the identity information to co-conspirators in Delaware, who used the information to file more than 600 fraudulent tax returns, seeking more than $4 million in refunds. Many of the victims were individuals who receive Social Security Disability benefits.
The Indictment further alleges that the tax fraud conspiracy electronically filed the fraudulent tax returns, using another person’s identity, as if the returns were submitted by a tax preparer. The defendant and his co-conspirators are alleged to have received the refund proceeds into bank accounts they owned and controlled, and they are alleged to have conducted further transactions with the proceeds in cash and by money order, to conceal and disguise the nature and source of the fraudulent tax refunds.
Festus Frimpong, another individual involved in the scheme, has pleaded guilty to false claims conspiracy (18 U.S.C. § 286), and access device fraud (18 U.S.C. § 1029 & 2). Frimpong awaits sentencing on October 20, 2014.
U.S. Attorney Oberly gave the following comments: “Offenses like these filed against Mr. Ekeke are crimes affecting the efficient operation of our government and are injurious to all Americans who work hard and pay their taxes. The theft of money from the government is a priority prosecution of the United States Attorney's Office, and the perpetrators, if convicted can expect to be incarcerated.”
"The IRS enforces the nation's tax laws, but also takes particular interest in cases where someone, for their own personal benefit, has taken what belonged to others,” stated Akeia Conner, Special Agent in Charge. “The use of identity theft to commit refund fraud is of particular concern to IRS Criminal Investigation. We are pleased with the indictments associated with this investigation due to the cooperative efforts of our law enforcement partners --- United States Postal Inspection Service and the United States Attorney’s Office."
This case is the result of an investigation conducted by the Internal Revenue Service, the United States Postal Inspection Service, and the Social Security Administration, Office of the Inspector General. The prosecution is being handled by Assistant United States Attorney Lauren Paxton, District of Delaware.
The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.Local Nurse Sentenced for Prescription Drug AbuseRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on September 3, 2104, Amber Jennings, 29, of Mt. Vernon, Illinois was sentenced to a term of three years’ probation. The two-count indictment alleged that Ms. Jennings obtained a controlled substance by fraud, misrepresentation and deception. At her plea on September 3, 2014, Jennings admitted to having a long history of drug and alcohol abuse which lead to the theft of prescription drugs from her workplace.
The investigation in this case was conducted by the Drug Enforcement Administration Office of Diversion Control. The case was handled by Assistant United States Attorney Ranley Killian and Special Assistant United States Attorney Michael Hallock.
Lafayette-Acadiana Chapter of the Federal Bar Association Celebrates 50th Anniversary of the Civil Rights Act and the Criminal Justice ActRead the Press Release
LAFAYETTE, La.–United States Attorney Stephanie A. Finley, along with two other guest speakers, spoke today at a program celebrating the 50th anniversary of the Civil Rights Act and the Criminal Justice Act. The event was hosted by the Lafayette-Acadiana Chapter of the Federal Bar Association and was held at the John M. Shaw Federal Courthouse.
United States Attorney Finley was one of the speakers; she recounted the history of the Civil Rights Act and the Voting Rights Act from the end of the Civil War to the present. Finley said that even though great strides have taken place in the last 50 years, she asked those present to remain vigilant in the defense of civil and voting rights. She emphasized the brutality, challenges and struggles that our nation faced as it tried to implement both Acts. Finley thanked the attorneys present and other public servants present for their past and current work in protecting the rights of all Americans, adding that everyone has the right to be treated equally and fairly. She said the U.S. Department of Justice is committed to protecting the public’s rights hard won by those during the era of the mid-1960s.
Freddie Pitcher Jr., Chancellor of Southern University Law Center and a retired 19th Judicial District Court and First Circuit Court of Appeal Judge, recounted the events close to the passage of the Civil Rights Act and Voting Rights Act. He urged students to study the history of the Acts, and asked them to understand how the Acts and other legislation have changed the country and provided every student with “the ability to become what you want to be.”
The last speaker was G. Paul Marx, 15th Judicial District Court of Louisiana District Public Defender Supervisor, who spoke about the importance of the Criminal Justice Act and having a strong public defender’s office. He recounted some history of the public defender’s office, and said that a strong public defender’s office helps ensures that the rights of the people remain protected.
The Northside High School Mock Trial Team reenacted portions of the Brown v. Board of Education trial of 1954 at the conclusion of the event. They took on the roles of the witnesses and attorneys in the case, and recited selected portions of the trial transcripts. Northside High School teacher, Liz Tullier, advises the Mock Trial Team.
“We’ve come a long way, but there’s a long way to go in the way of true civil rights,” said Elwood Stevens, current president of the Acadiana Chapter of the Federal Bar Association. “It was a very powerful program, and I’m pleased to be a part of it. We owe a debt of gratitude to all of our speakers: Judge Pitcher, U.S. Attorney Finley, Paul Marks and the Northside High School Mock Trial Team.”
The Civil Rights Act was signed into law on July 2, 1964, by President Lyndon B. Johnson, and ended legal segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin. It also blazed a trail for subsequent related legislation: the Voting Right Act, the Fair Housing Act and the Americans with Disabilities Act. Fulfilling the promise of Brown vs. Board of Education, the Act authorized the Department of Education to assist with school desegregation and permits the U.S. Attorney General to file lawsuits to desegregate schools. Additionally, the Act prohibits the unequal application of voting requirements, established the Community Relations Service, and gives enhanced authority to the Commission of Civil Rights.
In the years since the Civil and Voting Rights Act was signed, the goal to attain their intended implementation is ongoing. The U.S. Attorney’s Office played and continues to play a pivotal role in the administration and enforcement of civil rights. Along with the U.S. Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office has jurisdiction to bring cases under the Civil Rights Act and other related federal statutes.
Finley is the first female U.S. Attorney to serve in Louisiana. She was selected by President Barack Obama in January of 2010, after being recommended by U.S. Senator Mary Landrieu, and confirmed by the U.S. Senate in June of 2010. United States Attorney Finley was sworn into office on June 2, 2010 to serve the Western District of Louisiana as the chief law enforcement officer for 42 of the state’s 64 parishes.
“It is always an honor to be asked to participate in a celebration of the Civil Rights Act and the Criminal Justice Act,” Finley stated. “We take time whenever we can to remember the struggles of those who fought for the passage of these Acts. There is not enough we could ever say or do that can repay those who suffered and struggled for the freedoms that we now enjoy, whether they were on the front line, or the bench, or parents who were teaching children to treat all people fairly.”
The board members for the Lafayette-Acadiana Chapter of the Federal Bar Association are: Doug Truxillo, President Emeritus, Elwood C. Stevens, President, Gary J. Russo, Immediate Past President, Kenneth W. DeJean, President Elect, Joel Babineaux, Treasurer, Jerome Moroux, Membership Chairman, Honorable Mildred E. Methvin, Honorable Robert Summerhays, Heather Edwards, Jaclyn Bridges-Bacon, Nadia de la Houssaye, and John P. Roy.
Justice Department Seizes an Additional $500,000 in Corrupt Assets Tied to Former President of Republic of KoreaRead the Press Release
The Department of Justice has seized approximately $500,000 in assets traceable to corruption proceeds accumulated by Chun Doo Hwan, the former president of the Republic of Korea. This seizure brings the total value of seized corruption proceeds of President Chun to more than $1.2 million.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Executive Associate Director Peter T. Edge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Assistant Director Joseph S. Campbell of the FBI’s Criminal Investigative Division made the announcement after the seizure warrant issued by the U.S. District Court for the Eastern District of Pennsylvania was unsealed today.
“Chun Doo Hwan orchestrated a vast campaign of corruption while serving as Korea’s president,” said Assistant Attorney General Caldwell. “President Chun amassed more than $200 million in bribes while in office, and he and his relatives systematically laundered these funds through a complex web of transactions in the United States and Korea. Today’s seizure underscores how the Criminal Division’s Kleptocracy Initiative – working in close collaboration with our law enforcement partners across the globe – will use every available means to deny corrupt foreign officials and their relatives safe haven for their assets in the United States.”
“Our country will not be used by corrupt foreign leaders to conceal the illicit profits of their crimes,” said HSI Executive Associate Director Edge. “We will continue to work with our international law enforcement partners to ensure that such individuals are held accountable and that the assets are returned to their rightful owners.”
“The U.S. will not be a safe repository for assets misappropriated by corrupt foreign leaders,” said FBI Assistant Director Campbell. “The FBI is committed to working with foreign and domestic partners to identify and return those assets to the legitimate owners, in this case the people of the Republic of Korea.”
The court in the Eastern District of Pennsylvania late yesterday unsealed an application filed on Aug. 22, 2014, by the Justice Department to seize an investment by former President Chun’s daughter-in-law in a Pennsylvania limited partnership worth approximately $500,000. In February 2014, the department obtained a court order from the Central District of California seizing $726,000 in proceeds from the sale of a residence located in Newport Beach, California, that President Chun’s son, Chun Jae Yong, purchased in 2005 with proceeds allegedly traceable to his father’s corruption.
As alleged in the government’s application for a seizure warrant and supporting affidavit, President Chun was convicted in Korea in 1997 of receiving more than $200 million in bribes from Korean businesses and companies. President Chun and his relatives laundered some of these corruption proceeds through a web of nominees and shell companies in both Korea and the United States.
The United States is working closely with the Republic of Korea’s Supreme Prosecutor’s Office—Anti-Corruption Supervisory Division, the Ministry of Justice’s International Criminal Affairs Division and the Seoul Central District Public Prosecutor’s Foreign Criminal Affairs Department to forfeit these corruption proceeds.
This case was brought under the Kleptocracy Asset Recovery Initiative by a team of dedicated prosecutors in the Criminal Division’s Asset Forfeiture and Money Laundering Section, working in partnership with federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] .
The investigation was conducted jointly by HSI Philadelphia, HSI Attaché Seoul, the FBI Kleptocracy Program of the International Corruption Unit within the Criminal Investigation Division, and the FBI’s West Covina Resident Agency of the Los Angeles Division. The case is being prosecuted by Trial Attorneys Woo S. Lee and Della Sentilles of the Criminal Division’s Asset Forfeiture and Money Laundering Section, with substantial support from the U.S. Attorney’s Office for the Central District of California, the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the Criminal Division’s Office of International Affairs.Jerseyville Woman Pleads Guilty to Threatening to Destroy Calhoun County High SchoolRead the Press Release
Follow @SDILNewsThe United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced that on September 2, 2014, Michelle Lynn Smith, 36, of Jerseyville, Illinois, pled guilty to a one-count indictment charging the offense of Conveying a False Threat in violation of Title 18, United States Code, Section 1038. On April 29, 2014, authorities arrested Smith. She is currently detained.
On April 28, 2014, authorities responded to a potential bomb threat at the Calhoun County High School in Hardin. The response was prompted by the discovery of a typewritten note in the ladies’ restroom. The note read as follows:
- This school is going down today. KABOOM!!!!!!!!!!!!!! Im tired of all the people here. Everyone is going down, the school will b n flames. It is so stupid here. I cant take it ne more. The teachers suck and don’t do ne thing to help u. All that matters is what ur name is. If I had certain names I would not have the truble I do. Don’t matter, this place sucks and will not be here for long. So long and GOOD-BYE!!!!!!!!!
Authorities immediately evacuated the school and notified the parents of the students. The Secretary of State Police Bomb Squad and Capitol Police K-9s conducted a search of the building, but no explosives were located. Following these events, law enforcement collected evidence and conducted interviews which lead to the criminal charges against Smith, a teacher at the high school.
Sentencing is set for December 15, 2014. The charge of Conveying a False Threat carries maximum penalties of five years of imprisonment, three years of supervised release, and a $250,000 fine.
The case was investigated by the Illinois State Police, with the assistance of the Calhoun County State’s Attorney, Calhoun County Sheriff’s Department, Jersey County Sheriff’s Department, the Jerseyville Police Department, the Illinois Secretary of State Police Bomb Squad and Capitol Police K-9s, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Liam Coonan and Special Assistant U.S. Attorney John Constance.
Independence Man Sentenced to over 21 Years for Distributing and Possessing Child PornographyRead the Press Release
A man who distributed and possessed child pornography was sentenced September 2, 2014, to over 21 years in federal prison.
Steven Risk, age 38, of Independence, Iowa, received the sentence after a May 9, 2014, guilty plea to one count of distribution of child pornography and one count of possession of child pornography. At the guilty plea hearing, Risk admitted that, between 2011 and 2013, he distributed and possessed child pornography. In a plea agreement, defendant admitted he used the Internet to trade child pornography with others and possessed over 30,000 images of child pornography.
Risk was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Risk was sentenced to 262 months’ imprisonment. A special assessment of $200 was imposed, and Risk must also serve a 15-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-2010.
IRS Employee Arrested on Wire Fraud ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging Charles Corbitt (36, West Palm Beach) with wire fraud. If convicted, Corbitt faces a maximum penalty of 20 years in federal prison.
According to the complaint, Corbitt prepared fraudulent tax returns for various individuals for a profit, while employed by the Internal Revenue Service. These returns claimed Residential Energy Credits on Form 5695 and inflated Itemized Deductions on Schedule A that the individual taxpayer was not entitled to. As a result of the false credits and inflated itemized deductions, the taxpayer’s taxable income was lowered and refund amount was increased. Once the returns were electronically filed, Corbitt received a portion of the tax refund as a preparation fee. This fee was determined based on the amount of the refund or was a flat fee.
A complaint is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Internal Revenue Service and the Treasury Inspector General for Tax Administration. It will be prosecuted by Assistant United States Attorney Malisa Chokshi.
Greece Man Pleads Guilty to Attempted Possesion of Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Gordon Link, 77, of Greece, N.Y., pleaded guilty to attempted possession of child pornography before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison, a fine of up to $250,000, or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that in October 2013, a woman texted a photograph of her 10 year old daughter to a friend via her cellular phone. The photograph depicted the young child, fully clothed, seated at a table with a doll at her birthday party. However, the wife mistakenly sent the child’s photograph to the wrong cell phone number. That cellphone belonged to the defendant.
Link immediately sent several sexually suggestive texts back to the woman about the child’s image. The woman became concerned and contacted the police, who in turn, contacted the FBI Child Exploitation Task Force for assistance. A federal task force officer assigned to the unit assumed the child’s identity online, claiming to be 15 years old, and engaged in chats with the defendant. During several sessions, Link solicited the girl to send him sexually explicit photographs of her body. The defendant also engaged in sexually explicit chats with the girl and tried to meet her in person. Federal agents executed a search warrant at Link’s home and seized the cell phone the defendant used to communicate with the child.The plea is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Patrick Phelan; Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force.
Sentencing is scheduled for November 19, 2014 at 4:00 p.m. before Judge Wolford.Grand Prairie, Texas, Man Sentenced to 108 Months in Federal Prison for Pandering Child PornographyRead the Press Release
DALLAS — A man who came to the attention of law enforcement in Toronto, Canada, during an undercover investigation into the distribution of child pornography, was sentenced today in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Christopher Briseno, 45, was sentenced by U.S. District Judge Jorge A. Solis to 108 months in federal prison and a 10-year term of supervised release, following his guilty plea in May 2014 to an Information charging one count of pandering of child pornography.
According to documents filed in the case, in January 2014, an individual, later identified as Briseno, contacted an undercover officer with the Toronto Police Service who was acting in a covert capacity online to identify individuals engaged in distributing child pornography. Briseno indicated he was sexually abusing his two minor daughters, age 11 and 16, and he sent the undercover officer two images of his “daughters,” depicting the sexual abuse.
When it was learned that Briseno lived in Grand Prairie, Texas, the investigative lead was sent to U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Dallas. On February 4, 2014, Special Agents with HSI executed a search warrant at his residence.
Briseno admitted that he does not have children of his own and that he had created an online persona and used children he knew to be minors as the victims of sexual abuse. The children whom he said were his daughters were actually the children of acquaintances. He also admitted stealing pictures posted on social media websites of three different minor children and using them during chats about incest. He admitted searching the Internet for sexually explicit images of young females and sending those photos, in conjunction with the clothed photos of the minor females he claimed were his daughters, as proof of his involvement in the sexual abuse of minors.
Briseno admitted chatting with an individual in Canada, (the undercover officer) who was the mother of two minor children, and instructing her to sexually abuse her two-year-old daughter. He further admitted sending photos to this individual of the two minor girls, as well as a sexually explicit photo of a young girl, telling this person that it was his 11-year-old daughter.
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.”
Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
Grand Prairie Man Sentenced to 210 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A Grand Prairie, Texas, resident was sentenced by U.S. District Judge Barbara M. G. Lynn following his guilty plea in April 2013 to a felony child pornography offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Kevin Arthur Miles, 44, was sentenced on Friday to 210 months in federal prison to be followed by a 10-year term of supervised release. He pleaded guilty in April 2013 to one count of transportation of child pornography; he has been in custody since his arrest the previous month.
According to the factual resume and testimony from Miles’ detention hearing, from at least August 2012 through November 27, 2012, Miles transported child pornography using Frostwire peer-to-peer file sharing network on his computer.
The investigation began in August 2012 when a special agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) identified more than 28 files with names indicative of child pornography available to share from Miles’ computer. Law enforcement executed a federal search warrant at Miles’ residence on November 29, 2012, and seized a computer and external hard drive. A forensic examination of his computer revealed 422 images and 33 videos of child pornography. In addition, several chats between Miles and others with like interests in the exploitation of children were located. In one chat, Miles and another discuss their interest in molesting small children.
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.”
ICE HSI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.