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28 August 2014
East Brunswick, N.J., Man Admits Distributing Child Sex Abuse Images from His Home ComputerRead the Press Release
NEWARK, N.J. - An East Brunswick, New Jersey, man admitted today to sharing images of child sexual abuse from his home computer, U.S. Attorney Paul J. Fishman announced.
Armia Alber, 28, entered his guilty plea today before U.S. District Judge Stanley R. Chesler in Newark federal court to an indictment charging him with distributing images of child pornography over the Internet. Alber was initially arrested in July 2013.
According to documents filed in the case and statements made during Alber’s guilty plea proceeding: Alber admitted that between March and July 2013, he was a member of an online peer-to-peer file sharing network and had more than 600 images or videos of children being sexually abused. Alber also admitted he made images and videos of child pornography available for other members to download from his “shared” folder. During this period, a law enforcement agent successfully downloaded multiple images and videos of child sexual abuse from Alber’s computer.
On July 25, 2013, federal law enforcement agents executed a search warrant at Alber’s residence. The agents recovered two computer hard drives, both of which contained numerous images and videos of child pornography.
As part of his guilty plea, Alber agreed to forfeit the computers and computer accessories he used to commit the offense. He will also be required to register as a sex offender.
The distribution of child pornography count to which Alber pleaded guilty carries a mandatory minimum penalty of five years in prison and a maximum statutory penalty of 20 years in prison and a $250,000 fine. Sentencing is currently scheduled for Dec. 16, 2014.
U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Newark Field Office, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation leading to today’s guilty plea. He also thanked the Middlesex County Prosecutor’s Office and the East Brunswick Police Department for their roles in the search and arrest.
The government is represented by Assistant U.S. Attorney Josh Hafetz of the U.S. Attorney’s Office General Crimes Unit in Newark.14-299
Defense counsel: Assistant Federal Public Defender Carol Gillen Esq., Newark
Alber, Armia Information
Eagle Butte Man Charged with Possession of A Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Philip Nordvold, age 36, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 22, 2014, Nordvold, having previously been convicted of a crime punishable by imprisonment for more than one year, knowingly received and possessed a firearm.
The charge is merely an accusation and Nordvold is presumed innocent until and unless proven guilty.The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Nordvold was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Diego Ramon Lara, age 22, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 24, 2014, Lara unlawfully assaulted an adult male victim with a pickup truck with intent to do bodily harm to the victim.
The charge is merely an accusation and Lara is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Lara was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty to the charge and was sentenced on August 26, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Lester Delbert Clown, age 31, was sentenced to 1 year in custody, 1 year of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on December 11, 2013, at No Heart Housing near Eagle Butte, when Clown and the victim got into a verbal argument. The argument escalated and Clown assaulted the victim.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson. Clown was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Disc Jockey for High School Parties Sentenced to 40 Years in Prison for Sexually Exploiting Three MinorsRead the Press Release
A former disc jockey for high school parties was sentenced to serve 40 years in prison today in the District of Puerto Rico for sexually exploiting minors.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico and Special Agent in Charge Angel M. Melendez of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE HSI) in San Juan made the announcement .
According to court records, Eduardo Santiago-Rivera, 45, was a disc jockey who met his victims at area high school parties and on various social networking sites. Santiago-Rivera admitted that in June and July 2012, he caused at least three minors, who ranged in age from 12 to 15, to engage in sexual activity for the purpose of creating videos. Santiago-Rivera used “ooVoo,” an Internet-based video chat program, to direct and coerce the minors to undress and to engage in various sexual acts. Santiago-Rivera also recorded himself engaging in sexual acts with one of the minors.
At the sentencing hearing before U.S. District Judge Jay A. Garcia-Gregory of the District of Puerto Rico, Santiago-Rivera was additionally ordered to serve a 15-year term of supervised release following his release from prison, during which his access to computers, the Internet and minors will be restricted, and he will be obligated to register as a sex offender. Judge Garcia-Gregory will issue an order for restitution to be paid by Santiago-Garcia to the families of the victims in 60 days. Santiago-Rivera pleaded guilty on Jan. 13, 2014, before U.S. Magistrate Judge Camille L. Vélez Rivé in the District of Puerto Rico to nine counts of sexual exploitation of children and one count of possession of child pornography. He was charged by superseding indictment on May 13, 2013.
The investigation was conducted by ICE HSI. The case was prosecuted by Criminal Division Trial Attorneys Amy E. Larson of the Child Exploitation and Obscenity Section and Mark Angehr of the Public Integrity Section, and Assistant U.S. Attorney Marshal Morgan of the District of Puerto Rico.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov .Detroit-Area Man Indicted for Attempting to Conceal Evidence<br /> in Connection with Upcoming Trial for $30 Million <br /> Medicare Fraud SchemeRead the Press Release
A Detroit -area man was indicted today for obstruction of justice in connection with his alleged attempts to conceal evidence relevant to his upcoming trial for an alleged health care fraud scheme with estimated losses exceeding $30 million.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office made the announcement.
Zafar Mehmood, 48, of Ypsilanti, Michigan, is currently awaiting trial for his alleged role in a health care fraud scheme involving, among other allegations, the submission of fraudulent claims to Medicare for services that were medically unnecessary or never provided. Mehmood allegedly used at least four home health agencies in the Detroit area, including Access Care Home Care Inc., Patient Care Home Care Inc., Hands On Healing Home Care Inc. and All State Home Care Inc., to perpetrate his fraud.
According to today’s indictment, on July 25, 2014, and again on July 28, 2014, Mehmood attempted to alter and conceal records and documents, which included several patient files, with the intent to impair their integrity and availability for use in his upcoming trial.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. This case is being prosecuted by Trial Attorneys Nathan Dimock, Niall O’Donnell, and A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.govDenver Felon Found Guilty of Gun and Drug Distribution Charges Following Jury TrialRead the Press Release
DENVER – A jury in U.S. District Court in Denver yesterday found Maurice Alyn Mickling, age 28, of Denver, guilty of gun and drug distribution charges, the U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced. The three-day jury trial was heard before U.S. District Court Judge Raymond P. Moore. The jury deliberated for approximately three hours before delivering their verdicts. The defendant, who appeared at the trial in custody, was remanded after the jury verdict was read. Mickling is scheduled to be sentenced by Judge Moore on November 19, 2014. Mickling was indicted by a federal grand jury in Denver on January 7, 2014.
According to court documents as well as facts presented during the trial, in December of 2013 Mickling, who was wanted for parole violations, was located at the Ramada Inn on Colfax and Marion. The Denver SWAT Team was called because of Mickling’s prior violent felony convictions and because he was believed to be armed. As SWAT arrived, Mickling saw the team, and immediately ran. The defendant got to the corner of the parking lot, threw a loaded hand gun high into the air over the fence, dropped a bag, and then jumped the fence. Mickling through the firearm so far that it flew across the street and hit a female bystander in the leg.Once Mickling was over the fence he slipped on some ice, and was immediately apprehended by officers. Inside the dropped bag was 3.6 grams of crack and a digital scale, which is traditionally used for drug distribution. He also had $756 in cash on his person.
“The streets of Denver are safer thanks to the work of the Denver Police Department and the ATF,” said U.S. Attorney John Walsh. “This drug dealer with a gun has been convicted of serious crimes, for which he faces a long period of incarceration at sentencing as a result.”
“We know from experience that the use of crime guns and illegal narcotics go hand-in-hand,” said Luke Franey, Special Agent in Charge, ATF Denver Field Division. “Armed narcotics traffickers are a scourge to our society and will not be tolerated. We will continue to fight violent crime by investigating and arresting those who seek to reduce the quality of life in our communities. ATF will continue our great collaboration with the Denver Police Department who is similarly dedicated to this mission.”
Mickling faces not more than 10 years in federal prison, and up to a $250,000 fine for possession of a firearm by a convicted felon. He faces not more than 30 years imprisonment and up to a $2,000,000 fine for unlawfully possessing with intent to distribute a controlled substance (crack cocaine). Lastly, he faces not less than 5 years, and up to life in federal prison, and a fine of not more than $5,000,000 for possession of a firearm in furtherance of a drug trafficking offense, which will run consecutive with the sentence for the drug trafficking offense.
This case was prosecuted by Assistant U.S. Attorneys Jeremy Sibert and David Tonini.
Delaware Woman Indicted on Drug ChargesRead the Press Release
Kristen E. Jacobs, 32, of Bear, DE, was charged today by indictment with conspiracy to distribute oxycodone, and attempt to possess oxycodone with intent to distribute, announced United States Attorney Zane David Memeger. According to the indictment, the defendant and her co-conspirators obtained personal information of doctors and patients; used it to create false and fraudulent “prescriptions” for oxycodone, a dangerous Schedule II controlled substance that is widely abused; filled the fraudulent “prescriptions” at various pharmacies in the tri-state area; then sold the oxycodone illegally.
If convicted the defendant faces a maximum possible sentence of 40 years imprisonment, a three-year period of supervised release, and a $2 million fine.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, the Delaware State Police and the Lower Paxton Township Police Department. The case is being prosecuted by Assistant United States Attorney Mary E. Crawley.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Delaware County Man Charged with Possessing A Firearm in A Federal FacilityRead the Press Release
Melvin Anthony Ramos, 55, of Linwood, PA, was charged today by Indictment with possessing a firearm in a federal facility and making false statements, announced United States Attorney Zane David Memeger. According to the indictment, on August 11, 2014, Ramos entered the William J. Green, Jr. Building, at 600 Arch Street in Philadelphia, with a loaded .40-caliber Glock pistol. It is further alleged that Ramos falsely stated that he was currently employed as an officer with the University of Pennsylvania Police Department (“UPPD”) when, as he knew, he was no longer a police officer with the UPPD.
If convicted, the defendant faces a maximum possible sentence of six years in prison.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Vineet Gauri.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Defendant Extradited to U.S. to Face Terrorism ChargesRead the Press Release
Ahmad Ibrahim Al-Ahmad made his initial appearance today in federal court in Phoenix, Arizona, on federal terrorism offenses, announced John P. Carlin, Assistant Attorney General for National Security, John S. Leonardo, U.S. Attorney for the District of Arizona and Douglas G. Price, Special Agent in Charge, FBI Phoenix Division. The charges stem from Al-Ahmad’s alleged participation in a conspiracy to use improvised explosive devices (IEDs) to attack U.S. military personnel in Iraq from approximately 2005 to 2010.
Al-Ahmad was originally charged under seal with terrorism-related offenses in May 2011. He was subsequently arrested in Turkey on May 17, 2011, based upon those charges and an Interpol Red Notice, and was detained there pending completion of extradition proceedings. Al-Ahmad was extradited from Turkey yesterday and arrived in Arizona on the same day.
Following his appearance, Al-Ahmad was placed in custody of the U.S. Marshals Service, pending a status conference on the issue of detention on Sept. 8, 2014. A trial date is set for Oct. 7, 2014.
On Aug. 12, 2014, a federal grand jury in the District of Arizona returned a superseding indictment charging Ahmad Ibrahim Al-Ahmad, a Syrian national, with multiple charges related to Al-Ahmad’s alleged participation in a conspiracy, from approximately 2005 to 2010, to supply component parts to the 1920 Revolution Brigades – an Iraqi insurgent group – for use in IEDs that were employed against U.S. military personnel in Iraq during that time period. The charges include conspiracy to use a weapon of mass destruction (IEDs); conspiracy to maliciously damage or destroy U.S. government property by means of an explosive; possession of a destructive device during a crime of violence and aiding and abetting; conspiracy to commit extraterritorial murder of a U.S. national, and providing material support to terrorists.
If convicted of the offenses alleged in the indictment, Al-Ahmad would face a statutory maximum sentence of life in prison.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until and unless proven guilty.
This case is being investigated by the FBI Phoenix Division Joint Terrorism Task Force with substantial assistance from various other government agencies. The case is being prosecuted by the U. S. Attorney’s Office for the District of Arizona and the Counterterrorism Section of the Justice Department’s National Security Division. The Justice Department’s Office of International Affairs also provided significant assistance in this matter.Related Materials:
Superseding Indictment
Defendant Enters Guilty Plea Admitting to Delivery of Heroin Resulting in Death of 21 Year Old Salem WomanRead the Press Release
PORTLAND, Ore. - Sergio Quezada-Lopez, 35, of Mexico, appeared on Monday, August 25, 2014, before U.S. District Judge Michael Simon and entered a plea of guilty to conspiracy to distribute heroin in quantities of 1 kilogram or more that resulted in death. The maximum sentence is life and the charge carries a mandatory minimum 20 years imprisonment. The defendant is scheduled to appear for sentencing on December 1, 2014.
The investigation began on April 16, 2012 when police officers responded to the Keizer, Oregon residence of 21 year old Laurin Putnam, who was found deceased. The initial investigation indicated that her death was likely caused by a heroin overdose and later confirmed by the Oregon State Medical Examiner’s Office. Soon after her death, investigators learned the identity of the last person in the chain that was responsible for distributing the heroin to Putnam that caused her death. From there, investigators were able to identify several conspirators and move six levels up the chain of distribution to Sergio Quezada-Lopez. During the investigation, agents learned that Sergio Quezada-Lopez was a high level member of a large scale conspiracy involving the distribution of significant quantities of heroin in Oregon, Washington, Nevada, and Colorado.
Quezada-Lopez’s role in the conspiracy involved his taking over and operating a network of stash houses in Portland and Vancouver, Washington. He would receive orders for heroin and then direct it’s delivery to customers. Co-conspirators collected cash payments and then transferred the money to Quezada-Lopez. During searches of stash houses, agents seized over four pounds of heroin, additional quantities of methamphetamine and cocaine, drug ledgers, identification documents, packaging materials, two guns, and over $20,000 in US Currency. In one of the stash houses, Quezada-Lopez’ fingerprints were found on a drug ledger along with an identification document bearing his photograph. Soon thereafter, agents were able to listen to a telephone conversation between Quezada-Lopez and a co-conspirator where Quezada-Lopez described an amount of heroin that should be delivered. He was arrested on April 20, 2012, less than a week after Ms. Putnam’s death.
The investigation of the case was led by the Drug Enforcement Administration (DEA) through its Salem DEA Drug Task Force, and the Keizer Police Department with assistance from the Salem Police Department; the Marion County Sheriff's Office; the Oregon State Police; the Washington County Interagency Narcotics Team (WIN); the Portland Police Bureau; the Oregon State Medical Examiner; the Clark-Skamania Drug Task Force; the Oregon Department of Justice; and, the Portland based Highway Interdiction Team.
The case was prosecuted by Assistant U.S. Attorneys Kemp Strickland and Kathleen Bickers.
Clarksville Man Sentenced to Life in PrisonIn Large Scale Drug Conspiracy ProsecutionRead the Press Release
NASHVILLE, Tenn. – August 28, 2014 – Chris Young a/k/a Soulja C, 26, of Clarksville, Tennessee, was sentenced to life In prison today, announced David Rivera, U.S. Attorney for the Middle District of Tennessee.
Young was convicted at a jury trial of conspiracy to distribute 500 grams or more of cocaine and 280 grams or more of crack cocaine, attempted possession of cocaine with intent to distribute within 1000 feet of a school, and possession of a firearm in furtherance of a drug trafficking crime. Young also pleaded guilty to being a felon in possession of a firearm.
Young was one of 32 defendants charged in a lengthy investigation focusing on drug trafficking in the Clarksville area. He was arrested near the Genesis Teen Learning Center in Clarksville, Tennessee as he was meeting with a co-defendant and attempting to obtain a large quantity of cocaine. A loaded firearm, $10,000 in cash, and other evidence was seized from Young. At the time, Young was on state community corrections for two other drug felony convictions, and had a previous history of unlawful possession of firearms. He was convicted after a two week trial along with two other Clarksville residents, Demetrius Duncan a/k/a Whirley and Alto Parnell a/k/a Al-Pistol a/k/a A.P. Duncan and Parnell are pending sentencing.
The investigation was conducted by the DEA, Tennessee Bureau Investigation, and Clarksville Police Department, with assistance from other state, local, and federal agencies. Assistant U.S. Attorneys Sunny A.M. Koshy and Lynne T. Ingram represented the United States.
Cedar Rapids Man Sentenced for Unlawful Possession of A Firearm and AmmunitionRead the Press Release
A former member of the military who served two tours of duty in Afghanistan and Iraq was sentenced in federal court today to serve a five year term of probation.
Matthew James Stover, 31, from Cedar Rapids, Iowa, received the sentence after pleading guilty on November 14, 2013, to one count of possessing a semi-automatic assault rifle and ammunition as an unlawful drug user.
In a plea agreement, Stover admitted he possessed an AR-15 assault rifle, a magazine containing 59 rounds of .223 caliber ammunition, another magazine for the weapon, and about 600 additional rounds of .223 caliber ammunition on August 15, 2013, when a State of Iowa search warrant was executed at his residence. The warrant was executed after Marion, Iowa, Police officers encountered Stover after he purchased marijuana in a park in Marion.
Stover was sentenced on August 24, 2014, in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Stover was sentenced to serve a 5 year term of probation with special conditions requiring continued mental health treatment, abstinence from the use of alcohol or drugs, remote alcohol testing, and not being permitted in the unsupervised presence of a child under the age of 12, including his minor daughter. The sentence represented a downward departure from the advisory federal sentencing guidelines range of 30-37 months imprisonment.At the sentencing hearing begun August 14, and concluded on August 24, Judge Reade noted Stover has been diagnosed as suffering from several mental health conditions, including PTSD, that predated and post-dated his military service. Further, while Stover has performed well under pre-trial treatment and supervision, Judge Reade noted he had a history of non-compliance with drug and mental health treatment, as well as a history of violence. Reade noted Stover had previously assaulted his wife and choked his stepson, and in March 2012 caused an injury to his infant daughter that resulted in her skull being crushed.
The court also noted that Stover had made statements, in the months prior to his arrest, indicating he wanted to go back to Afghanistan to kill and engage in radical jihad. These statements raised concerns with family members as well as local and federal law enforcement officers.
In imposing the sentence, the court noted this was not a “run of the mill case” and indicated it was reluctant to interfere with defendant’s mental health treatment that he has been receiving from the VA for about the past year. Further, defendant had an opportunity for employment with the VA and has been fully compliant with the conditions of treatment for the past year. In light of this, the court placed defendant on probation and imposed several conditions of probation intend to minimize defendant’s risk to the community. The court cautioned Stover that should he violate his conditions of probation, he would likely be sentenced to serve at least 30 months, and as much as 120 months, in federal prison.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by the Marion, Iowa, Police Department and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-68-LRR.
Career Offender Sentenced to Fifteen and a Half Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jonathan Madrid, 28, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., for his methamphetamine trafficking conviction. Madrid was sentenced to 188 months in federal prison to be followed by four years of supervised release.
Madrid was arrested on June 25, 2013, based on a criminal complaint charging him with possession of a controlled substance with the intent to distribute. On April 4, 2014, Madrid pled guilty to an indictment charging him with possession with intent to distribute methamphetamine in Chaves County, N.M., on June 6, 2013.
Court filings reflect that Madrid was charged based on evidence developed by an ATF investigation. As part of that investigation, ATF executed a federal search warrant and searched the vehicle that Madrid was driving on June 6, 2013. As a result, agents seized multiple small baggies of methamphetamine, a digital scale and $168.00 from Madrid’s pocket. ATF also seized a firearm from the trunk of the vehicle and ammunition from the cab of the vehicle. According to court filings, Madrid had previously been convicted of possession of cocaine and tampering with evidence, trafficking in a controlled substance, aggravated sexual assault of a child and felon in possession of a firearm.
U.S. Attorney Damon P. Martinez said that Madrid was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Calhoun City MS Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that BRANDON JEVAR PITTMAN, 32, of Calhoun City, Mississippi, pled guilty to Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B) and Title 18, United States Code, Section 2.
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The defendant was indicted in June 2014.
The Indictment alleged that on or about March 6, 2014, within the Eastern District of Oklahoma, the defendant did knowingly possess with the intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.
The statutory range of punishment is not less than 5 years and not more than 40 years imprisonment and/or up to a $5,000,000.00 fine.
Assistant United States Attorney Kyle Waters represented the United States.
Brunswick Men Indicted on Federal Tax ChargesRead the Press Release
Contact: James Chapman
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II and Deputy Assistant
Attorney General of the U.S. Department of Justice, Tax Division, Ronald A. Cimino, announced today that F. William Messier, 70, and David E. Robinson, 75, both of Brunswick, Maine, were indicted by a federal grand jury in Portland and charged with conspiracy to defraud the United States by impeding and impairing the Internal Revenue Services (IRS). Messier was also charged with failure to file income tax returns for the years 2008 through 2012, and corruptly endeavoring to impede the IRS.According to the court documents, Messier has not filed a federal income tax return since
1997. The IRS assessed taxes, interest and penalties against Messier totaling $172,000 for the years 2000 to 2004. In addition, from 2006 to 2012, Messier earned more than $390,000 in gross income from renting antennae space on radio communication towers that Messier owned and by renting access to his property to customers who constructed their own communications towers or located electronic equipment on the property.David E. Robinson claims to be the “Interim Attorney General” of the “Maine Republic
Free State.” The indictment alleges that after the IRS sent Notices of Levy to Messier’s customers, Robinson and Messier took a number of steps beginning in 2012 to obstruct and impede the IRS, including presenting the IRS with a fake and worthless money order for the amount due by Messier, and sending threatening and harassing documents to Messier’s customers urging them not to cooperate with the IRS.Messier faces up to 13 years in prison and fines totaling $1,000,000 if convicted on all counts. Robinson faces up to 5 years in prison and a fine of up to $250,000. The defendants are scheduled to appear in U.S. District Court in Portland on September 5, 2014 at 9:00 and 9:30 a.m.
The case was investigated by IRS Criminal Investigation.
An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law.Bronx Man Pleads Guilty in Manhattan Federal Court to Managing A Large-Scale Counterfeit Credit Card SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that LUIS GUSTAVO TAVAREZ pled guilty in Manhattan federal court to managing a large-scale counterfeit credit card scheme involving nearly 200 stolen credit card numbers and over $600,000 dollars in losses to victims. TAVAREZ was charged in May 2014, and pled guilty today before U.S. District Judge Richard J. Sullivan.
Manhattan U.S. Attorney Preet Bharara said: “Luis Tavarez bought stolen credit card information from cybercriminals, and spent the next year lining his pockets with other people’s money. Today’s guilty plea ensures that he will spend time paying for that decision.”
According to the allegations in the Criminal Complaint and Information, and statements made at related court proceedings:
From April 2013 through April 2014, TAVAREZ and his co-conspirators obtained stolen credit card information from computer hackers and “carding” websites, which are Internet-based forums in which users sell and exchange stolen credit card numbers. TAVAREZ encoded that stolen account information onto counterfeit credit cards, which he and a team of accomplices used to make hundreds of unauthorized purchases of store gift cards and merchandise at national retail chains in New York, New Jersey, Pennsylvania, Connecticut, Rhode Island, and Massachusetts. The gift cards and retail items were then sold to others or returned to the stores for a cash refund.
As part of the scheme, the defendants and their co-conspirators obtained stolen account information for almost 200 credit card accounts and used that stolen information to make more than $600,000 in unauthorized purchases.
TAVAREZ, 34, of Bronx, New York, pled guilty to one count of conspiracy to commit access device fraud, which carries a maximum sentence of seven and a half years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the judge.
TAVAREZ is scheduled to be sentenced on December 17, 2014 before Judge Sullivan.
Four other defendants were charged alongside TAVAREZ in connection with the scheme. Two of the defendants, Anthony Reynoso and Plinio Pineda Lopez, previously pled guilty to participating in the fraud. The charges against the remaining defendants, Vicente D. Espinal and Warner Alvarez Almanzar, are merely allegations, and they are presumed innocent unless and until proven guilty.
Mr. Bharara praised the outstanding investigative work of the U.S. Secret Service. He also thanked Immigration and Customs Enforcement’s Homeland Security Investigations for their assistance with this case.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Alexander Wilson is in charge of the prosecution.
U.S. v. Luis Tavarez Information
Brevard County Man Pleads Guilty to Child Exploitation Involving A Minor VictimRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Jonathan Tyler Prive (26, West Melbourne) pleaded guilty yesterday to one count of attempting to induce a minor to engage in illegal sexual activity using the Internet. Prive faces a mandatory minimum penalty of 10 years, up to life in federal prison, as well as a potential life term of supervised release. A sentencing date has not yet been set. Prive was indicted on February 19, 2014.
According to court documents, in September and October of 2013, an undercover agent with the Brevard County Sheriff’s Office conducted an investigation into an individual identified to be Michael Glenn Glascock. The undercover investigation revealed that Glascock was sexually abusing a three-year-old minor victim, producing child pornography images of the minor victim, and distributing some of these images to others. Law enforcement agents eventually arrested Glascock at his residence in Brevard County, located the minor victim, and executed a search warrant at Glascock’s residence. A forensic examination of Glascock’s electronic devices and a review of his email accounts revealed emails between Prive and Glascock. In these emails, the two individuals discussed a prior incident where Prive sexually abused the minor victim at Glascock’s home, while Glascock was present. After discovering these emails, the undercover agent used Glascock’s email account to initiate online communication with Prive.
On November 4, 2013 and November 5, 2013, Prive communicated with the undercover agent, via the Internet and emails, and arranged to meet the undercover agent, who was posing as Glascock in these emails, for the purpose of engaging in illegal sexual activity with the minor victim a second time. Prive agreed to meet at a residence in Brevard County, where Prive thought the minor victim would be present. Agents followed Prive as he travelled to the street where this residence was located. Before Prive arrived at the residence, agents stopped him and recovered a packet of lubricant that he had brought with him for his planned meeting with the minor victim.
During a subsequent interview with agents, Prive admitted that he was the user of the email account that had communicated with Glascock and the undercover agent regarding the sexual abuse of the minor victim. Prive also admitted to the agents that he had in fact engaged in illegal sexually activity with the minor victim and that he planned to engage in the sexual abuse of the minor victim a second time when he travelled to the Brevard County residence on November 5, 2013.
On August 18, 2014, Glascock also pleaded guilty to federal charges of production of child pornography and attempted online enticement of a minor. A sentencing date has not yet been set.
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
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 (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.
Brandy Joe Charles and Anthony Robert Clifton Sentenced for the Armed Robbery of the Tennessee State Bank in NewportRead the Press Release
GREENEVILLE, Tenn. – On Aug. 27, 2014, Brandy Joe Charles, 40, of Franklin, N.C., and Anthony Robert Clifton, 23, of Houston Texas, were each sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in the robbery of Tennessee State Bank in Newport, Tenn. Charles was sentenced to serve 188 months in prison and Clifton was sentenced to serve 120 months in prison.
Upon their release from prison, each will be subject to supervised release under the supervision of the U.S. Probation Office for five years. There is no parole in the federal system.
Both Charles and Clifton pleaded guilty to the December 2012 bank robbery of the Tennessee State Bank and to brandishing a firearm in furtherance of the robbery. Charles and Clifton have also been indicted in the Northern District of Georgia with bank robbery of the Suntrust Bank in Gainesville, Ga., and with brandishing a firearm in furtherance of this robbery. If convicted in Georgia, both face a minimum mandatory sentence of 25 years and up to life in prison, which must be served consecutive to the sentence imposed in Tennessee.
U.S. Attorney William C. Killian praised the cooperative efforts of the Newport Police Department and FBI for the investigation of this case resulting in lengthy sentences for these armed and dangerous individuals. “These individuals were sentenced appropriately for their violent criminal acts. Fortunately, the victims in this robbery were not physically harmed. The U.S. Attorney’s Office will continue to vigorously prosecute cases involving violent acts such as these,” said Killian.
Law enforcement agencies participating in the joint investigation included the Newport Police Department and Federal Bureau of Investigation. Assistant U.S. Attorney J. Gregory Bowman represented the United States.
Armed Robber Exiled to 27 Years in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Steven Vondell Williams, age 48, of Washington, D.C., today to 27 years in prison for conspiracy to interfere with interstate commerce by robbery, interference with interstate commerce by robbery, possession and brandishing a firearm during a crime of violence and being a felon in possession of a firearm. Judge Titus imposed today’s sentence consecutive to a 27 year sentence that Williams is currently serving for murder committed in the District of Columbia.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Acting Assistant Director in Charge Timothy A. Gallagher of the Federal Bureau of Investigation - Washington Field Office.
According to evidence presented during the five day trial, on May 3, 2011, Williams and co-defendant Alton May entered the 7-11 store located at 8200 Martin Luther King Jr. Highway in
Glenarden, Maryland. They pointed handguns at an employee of a Loomis Armored vehicle who was carrying money to refill the automated teller machine located in the store and demanded money. The employee gave the gunmen the money bag. One of the gunmen also took the Loomis employee’s handgun.Williams and May fled in a vehicle and drove to May’s residence in Washington, D.C. On the way, they removed the cash from the Loomis bag and threw the bag into a dumpster. A GPS tracking device, which was in the money, permitted law enforcement to track the money from the store to the dumpster and then finally to May’s residence. Once inside the residence, Williams and May discovered the tracking device in the cash. They destroyed the tracking device. After throwing the cash, three handguns and two baseball caps used in the robbery onto the roof of the building, Williams and May jumped out of the apartment window and fled. From the rooftop of May’s apartment building, officers recovered approximately $30,000 in cash, three handguns, including the one stolen from the Loomis employee, and the baseball caps. Inside the apartment, officers recovered pieces of the broken GPS tracker.
Williams and May were identified through DNA recovered on the two ball caps and arrested.
Alton May, age 50, of Washington, D.C., previously pleaded guilty to his participation in the robbery, was sentenced to 300 months in prison and ordered to pay $180 in restitution.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant United States Attorney Leah Jo Bressack, who prosecuted the case.
Alice Man Guilty of Social Security Disability FraudRead the Press Release
CORPUS CHRISTI, Texas - Guatemozin Garcia, 59, of Alice, has pleaded guilty to fraudulently receiving Social Security disability benefits, announced U.S. Attorney Kenneth Magidson.
Garcia began receiving benefits from the Social Security Administration (SSA) after reporting he was unable to work as a result of disorders of the back. However, the investigation revealed that numerous individuals had regularly paid Garcia to prepare gravesites for funeral services during the time of his alleged disability. Specifically, Garcia would physically dig graves using a tractor and shovel, set up and take down tents, chairs and artificial grass used during the services. He would also perform other tasks as directed. Law enforcement later witnessed Garcia performing the described tasks.
At today’s hearing before U.S. Magistrate Judge Jason B. Libby, Garcia admitted he concealed all of his work activity from January 2008 until October 2013. As a result of the fraud, Garcia and his dependents received $148,043.70, in Social Security Retirement Survivors Disability Insurance Program benefits to which they were not entitled.
Social Security disability benefits are paid from the Disability Trust Fund to disabled persons who meet eligibility requirements. Other persons, such as the beneficiary’s spouse and minor children, may also be entitled to SSA benefits because of the disability of a wage-earner. The amount paid, on a monthly basis, is dependent on the wage-earner’s previously paid taxes, whether the wage earner is alive or deceased and whether Part B Medicare premiums are withheld.
Sentencing has been set for Dec. 12, 2014. At that time, Garcia faces up to five years in federal prison and a possible $250,000 fine.
The case was investigated by SSA - Office of the Inspector General. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting.
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Wise Dentist Pleads Guilty to Drug ChargesRead the Press Release
ABINGDON, VIRGINIA – A Wise, Va. dentist has admitted to obtaining hydrocodone by fraud and to illegally distributing over 2,500 hydrocodone pills.
Newton Carroll Mullins, 65, of Wise, Va., who operates a dental practice in Wise, Virginia, waived his right to be indicted this morning and pled guilty to a two-count Information charging him with one count of possession with the intent to distribute and distributing hydrocodone and one count of obtaining hydrocodone by fraud.
“The abuse of prescription drugs continues to plague communities in Southwest Virginia and across the country,” United States Attorney Timothy J. Heaphy said today. “The problem impacts all levels of society and destroys communities. Long-term abuse of prescription drugs often leads to the other opioids like heroin. We must attack this problem with a comprehensive approach which combines enforcement with prevention and treatment.”
Today in District Court, Mullins admitted that between December 2012 and March 2014 he ordered 7400 hydrocodone pills from a drug distributor for use by his dental practice. However, Mullins instead used the hydrocodone for his personal use and the use of his then girlfriend. In addition, Mullins admitted to writing prescriptions for hydrocodone to his employees, who would fill the prescriptions and provide the drugs to Mullins.
At sentencing, Mullins faces a maximum possible penalty of up to 10 years in prison and a fine of up to $500,000 for count one and a maximum possible penalty of up to four years in prison and a fine of up to $250,000 for count two.
The investigation of the case was led by the Drug Enforcement Administration’s Tactical Diversion Squad (“TDS”), and included the assistance of the Health and Human Services – Office of the Inspector General. The Virginia State Police assisted the TDS with the execution of a search warrant of Dr. Mullins’ practice on April 23, 2014. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Winter Springs Man Sentenced to More Than 21 Years for Attempted Production and Distribution of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron yesterday sentenced Kevin Reynolds (40, Winter Springs) to 21 years, 10 months in federal prison for attempted production of child pornography and distribution of child pornography. He was also ordered to serve a life term of supervision, upon his release from prison. Reynolds pleaded guilty on June 5, 2014.
According to court documents and the evidence presented at sentencing, a federal search warrant was executed at Reynolds’ residence on November 1, 2013. Reynolds was in the process of downloading child pornography as agents entered his residence. An on-site preview of Reynolds’ computer confirmed that he had child pornography on his computer. Reynolds was arrested that day and had his initial appearance on November 4, 2013.
Based on an examination of evidence seized in the case, Reynolds was identified as a member of an online bulletin board that advertised and promoted the sexual exploitation of children. Using a screen name, Reynolds posted items of child pornography to the bulletin board. In his other posts, Reynolds expressed his sexual interest in girls between 6 to 10 years of age and his desire to “meet some pedomoms.” Reynolds offered to financially assist any interested family with their daughter’s expenses. On several occasions, Reynolds used his email account in an attempt to arrange to have sex with children. Reynolds indicated that he was willing to pay to be able to victimize a child, and even posted an advertisement on Craigslist in which he stated that he was looking for a “Single mom that needs some support.” In the advertisement, he stated, “Send photos . . . we can go from there.”
In addition to attempting to have sex with children, Reynolds attempted to produce child pornography. From February 2013 to April 2013, Reynolds exchanged emails with an individual located in Russia, in which Reynolds agreed to pay for child pornography to be made for him. As part of those efforts, Reynolds selected the child victim to be used, and sent $500 by Western Union to the individual in Russia. On another occasion, Reynolds communicated with a different individual about producing child pornography involving that individual’s niece. Reynolds wanted to know if “there are any limits on what you can get her to do” and offered to pay for the child pornography to be produced.
During an interview with FBI agents, Reynolds admitted that he was involved in trading images and videos of child pornography. Reynolds told agents that he had destroyed a hard drive filled with images and videos of child pornography two weeks prior to the search warrant being executed because he was afraid of being caught. Despite those efforts, a search of Reynolds’ computers and hard drive revealed that he was in possession of hundreds of images of child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
This is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Windsor Man Sentenced to Prison for Making and Selling Bootlegged Dvds and CdsRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOHN W. RICE, 41, of Windsor, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 18 months of imprisonment, followed by three years of supervised release, for producing and selling thousands of pirated CDs and DVDs.
According to court documents and statements made in court, between 2000 and 2013, doing business as “Dr. Jay’s Entertainment,” RICE manufactured copies of motion pictures, television shows, and music that were copyrighted works, using recordable blank DVDs and CDs. RICE also produced labels for the discs and paper inserts for the cases in which the pirated works were sold. RICE set up tables in various locations on which he displayed and sold the bootlegged merchandise, and also advertised and sold the materials over the Internet through Facebook.
The government seized a total of 8,913 DVDs and 11,410 CDs from RICE and Dr. Jay’s Entertainment.
For the past 13 years, the sale of counterfeit media has constituted RICE’s only source of income, and RICE has admitted that he could make up to $300,000 annually from the illegal sales.
RICE also structured cash deposits into his bank account. In addition, in November 2012, RICE withdrew from his account $39,237.23 in cash derived from his criminal activity in order to purchase a cashier’s check payable to BMW of West Springfield.
RICE has forfeited $48,195.42 seized from his bank account, as well as a 2005 Chevrolet Corvette and a 2012 BMW 650i that he had purchased, but had registered in the names of third-parties.
On April 25, 2014, RICE pleaded guilty to one count of criminal copyright infringement and one count of money laundering.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations and the Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.PUBLIC AFFAIRS CONTACT:
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(203) 821-3722 [email protected]Westville Woman Pleads Guilty to Conspiracy (Methamphetamine Distribution)Read the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that AMANDA JO JONES, age 24, of Westville, Oklahoma, pled guilty to Conspiracy, in violation of Title 18, United States Code, Sections 371.
The charge arose from an investigation by the District 16 District Attorney’s Drug Task Force, the U.S. Drug Enforcement Administration, and the United States Postal Inspection Service.
The Information filed alleged that from in or about June 2013 until on or about April 9, 2014, in the Eastern District of Oklahoma and elsewhere, the defendants, did willfully and knowingly combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty pleas and ordered the completion of presentence reports.
The statutory range of punishment is up to 5 years imprisonment and/or up to a $250,000.00 fine.
First Assistant United States Attorney Doug Horn represented the United States.
Washington, DC Man Who Escaped Twice Exiled to over 19 Years in Prison for Escape, Drug and Gun ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Deandre Kelly, age 32, of Washington, D.C., today to 236 months in prison, followed by five years of supervised release for possession with intent to distribute narcotics, escape, and for carrying and using a firearm in relation to a drug trafficking crime and a crime of violence. Judge Bennett ordered that 8 years of Kelly’s sentence will be served consecutive to the 15 year sentence he is currently serving for a conviction in the District of Columbia.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Maryland U.S. Marshal Johnny Hughes; District of Columbia U.S. Marshal Edwin D. Sloane; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Garrett County Sheriff Robert E. Corley; Garrett County State’s Attorney Lisa Thayer Welch; and Maryland Attorney General Douglas F. Gansler.According to Kelly’s plea agreement, on July 15, 2009, Kelly pleaded guilty in U.S. District Court in the District of Columbia to conspiracy to distribute and possess with intent to distribute PCP, and possession with intent to distribute crack cocaine. Kelly was released pending sentencing. When Kelly failed to appear for sentencing, a warrant was issued for his arrest. Kelly remained a fugitive until January 22, 2011.
On January 22, 2011, Kelly was the front seat passenger in a vehicle that was stopped for speeding in Garrett County by a Maryland State Trooper. As the driver and back seat passenger got out of the vehicle, Kelly jumped into the driver’s seat and took off speeding. Troopers pursued Kelly for seven miles until he crashed the vehicle. Although he gave a false name, Kelly was identified by his fingerprints. A search of the vehicle recovered a pound of marijuana on the front passenger side floor, where Kelly had been seated, and a loaded .40 caliber handgun, with an obliterated serial number, located under the rear portion of the driver’s seat. In addition, 47 grams of crack cocaine and a small amount of marijuana were recovered from Kelly’s pants.
Kelly was initially taken to the Garrett County Memorial Hospital. On January 23, 2011, Kelly was transferred to the Garrett County Detention Center to be held for an initial appearance the next day. At about 8 p.m. that evening, Kelly brandished a firearm, assaulted the officers working in the detention center, and escaped. A car was waiting for him outside the jail and he was taken to his brother’s home in Prince George’s County, Maryland. Subsequent investigation showed that Kelly had made several phone calls from the detention center to plan his escape.
Kelly was arrested again on May 2, 2011, in Lynchburg, Virginia.
United States Attorney Rod J. Rosenstein commended the Maryland and Washington, D.C. U.S. Marshals Service, Maryland State Police, Garrett County Sheriff’s Office, Garrett County State’s Attorney’s Office, and the Maryland Attorney General’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Andrea L. Smith and Special Assistant United States Attorney Gerald A. A. Collins, a cross designated Maryland Assistant Attorney General assigned to Exile cases, who prosecuted this Organized Crime Drug Enforcement Task Force case.
United States Files Motion to Dismiss Criminal Charges Against Thomas R. Rodella, Jr.Read the Press Release
ALBUQUERQUE – This morning the U.S. Attorney’s Office filed an unopposed motion to dismiss the charges against Thomas R. Rodella, Jr., in the criminal case captioned United States v. Thomas R. Rodella and Thomas R. Rodella, Jr, 14-CR-2783 JB (DNM).
Thomas R. Rodella, Jr., and his father, Thomas R. Rodella, the Sheriff of Rio Arriba County, were indicted by a federal grand jury on Aug. 12, 2014. The two men were arrested by the FBI on Aug. 15, 2014.
The charges in the five-count indictment arise out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Sheriff Rodella and Thomas R. Rodella, Jr., allegedly engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the Indictment charges the two men with participating in a conspiracy to violate the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charges them with subjecting the victim to an unreasonable seizure while acting under color of law and alleges that the offense against the victim involved the use of a dangerous weapon and resulted in bodily injury to the victim. Count 3 charges Sheriff Rodella with brandishing a firearm during a crime of violence. Counts 4 and 5 charge Sheriff Rodella and Thomas R. Rodella, Jr., respectively, with making false statements in law enforcement reports regarding the events giving rise to charges in Counts 1 and 2 of the indictment.
The United States’ motion seeks dismissal of the charges against Thomas R. Rodella, Jr., based on information indicating that he has a medical condition that puts into doubt whether he has the cognitive ability to form the specific intent necessary to prove the charges against him beyond a reasonable doubt. The motion states that the United States learned about the medical condition after the indictment was filed and after Thomas R. Rodella, Jr., was arrested. The United States concluded that it was in the interests of justice to seek dismissal of the charges against Thomas R. Rodella, Jr., after conducting an investigation into his medical condition.
The United States is proceeding with the prosecution of the case against Sheriff Rodella, the trial of which is scheduled to begin on Sept. 22, 2014. The United States reiterates that charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
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Motion to Dismiss
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U.S. Settles with DuPont to Resolve Clean Air Act Violations and Protect Communities and Kanawha River Near West Virginia FacilityRead the Press Release
The Department of Justice and U.S. Environmental Protection Agency (EPA) announced today a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, W. Va. facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance at EPA. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances. DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes. In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications. DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010, the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of January 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on January 22 and 23 include failing to:- identify hazards that may result from accidental releases;
- design and maintain a safe facility;
- minimize consequences of accidental releases that do occur;
- follow recognized industry safety practices;
- train employees on how to respond to potential risks;
- frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations; and
- follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of DuPont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and t he Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on Sept. 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, see http://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp ).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.U.S. Attorney’s Office Hosts 18th Annual Native American Conference in RenoRead the Press Release
RENO, Nev. – United States Attorney Daniel G. Bogden this week welcomed members of the Nevada Native American community network to the 18th Annual Native American Conference being held Aug. 25 through Aug. 27, 2014, at the Grand Sierra Resort in Reno. Attendees include members of tribal government, tribal law enforcement, social workers, court personnel, and others.
“I take great pride in our work with Nevada Native American Tribes and in handling Indian Country matters,” said U.S. Attorney Bogden. “Our annual conference is one method we use to strengthen collaboration with our tribal partners. This year’s conference, entitled “Working Together for Hope, Healing and Justice,” is intended to assist us in protecting our most precious resource – our children.”
U.S. Attorney Bogden is assisted at the conference by his Criminal Chief Eric Johnson, Reno Branch Chief Sue Fahami, Assistant U.S. Attorney and tribal liaison Shannon Bryant, Assistant U.S. Attorney Carla Higginbotham, his victim witness staff, and law enforcement representatives from the FBI and Bureau of Indian Affairs. Funding and additional assistance for the conference was provided by the U.S. Department of Justice Office for Victims of Crime. The agenda includes classes and speakers on a wide variety of subjects such as crisis response, bullying, child and youth sex abuse, interviewing child victims, child trafficking, Indian Country jurisdiction, and case studies in Indian Country.
The Department of Justice released yesterday its second report to Congress entitled Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010, as well as information about the progress of the Attorney General’s initiatives to reduce violent crime and strengthen tribal justice systems. For further information, see http://www.justice.gov/opa/pr/2014/August/14-ag-902.html
Nevada is home to 26 federally recognized Native American Tribes located on 31 reservations and colonies. For more information on the U.S. Attorney’s work with Nevada Indian tribes, visit http://www.justice.gov/usao/nv/programs_tribal.html.U.S. Attorney’s Office Closes Investigation Involving Fatal Shooting of Aaron Alexis No Charges to Be Filed Against Officers Who Responded to Mass Murders at Washington Navy YardRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that it will not pursue criminal charges against law enforcement officers in connection with the events last year at the Washington Navy Yard that led to the fatal shooting of Aaron Alexis.
The decision was made after reviewing witness statements, surveillance video, photographs, diagrams, physical evidence, law enforcement agency reports from the FBI, Metropolitan Police Department (MPD), U.S. Park Police, and Naval Criminal Investigative Service (NCIS), and the autopsy report for Mr. Alexis. By the time of the shooting, Mr. Alexis had killed 12 people and wounded four others as he moved from floor to floor, repeatedly opening fire, in a five-story structure at the Navy Yard complex.
The U.S. Attorney’s Office determined that none of the law enforcement officers whose actions were reviewed in this case possessed the requisite criminal intent at the time they either discharged their weapons or shot and killed Mr. Alexis. To the contrary, the review determined that there is more than sufficient evidence to conclude, that under all of the prevailing circumstances at the time of the shooting, the officers were acting in defense of themselves and others. The review determined that the officers acted reasonably at all times to neutralize a life-threatening situation.
“After a careful review of the evidence, we have closed this investigation,” said U.S. Attorney Ronald C. Machen Jr. “We concluded that the law enforcement officers involved demonstrated exceptional valor in acting to protect the lives of Navy Yard employees and other responding law enforcement officers.”
On Sept. 16, 2013, shortly after 8 a.m., Mr. Alexis, a 34-year-old military contractor for the Department of Defense, entered Building 197, which is on the west side of the Navy Yard complex in Southeast Washington. Within the next 15 minutes, Mr. Alexis, who was armed with a 12-gauge sawed-off shotgun, began an attack that caused the deaths of 12 civilians, as well as non-fatal injuries to three civilians and one MPD officer. Multiple local and federal law enforcement agencies began responding within minutes of the first report of shootings.
Throughout the attack, Mr. Alexis systematically moved from floor to floor, killing and wounding anyone he saw. Eight victims were shot and killed on the fourth floor; two others were shot and wounded. Two victims were killed on the third floor; two other victims, including an MPD officer, were shot and wounded. One victim, a building security officer, was killed on the first floor; and one victim was killed in a parking area. After killing the building security officer, Mr. Alexis took the officer’s 9-millimeter handgun, which he also used as a weapon.
After killing the victims in rapid succession, Mr. Alexis kept moving through the building’s stairwells, hallways, and work areas and cubicles, repeatedly firing at law enforcement and security officers trying to apprehend him. He shot at a second building security officer and a U.S. Navy Military Police officer on the first floor, leading to an exchange of gunfire. The building security officer fired at Mr. Alexis as Mr. Alexis ran across the atrium and out of view. In a separate confrontation, Mr. Alexis fired at an NCIS agent and two officers with the Naval District of Washington, also on the first floor. They returned fire; however, there is no evidence that Mr. Alexis was hit by this gunfire.
Mr. Alexis then returned to the third floor and once again confronted police, shooting a Special Operations Division officer from the MPD, who collapsed to the floor. Another NCIS agent fired back at Mr. Alexis after the officer was hit, but Mr. Alexis was not hit.
Finally, after these shootings, Mr. Alexis hid under a desk on the third floor, waited, and attempted to ambush an Emergency Response Team officer from the MPD and a U.S. Park Police officer as they entered the area where he was located. At about 9:25 a.m., Mr. Alexis shot at the MPD Emergency Response Team officer, hitting the plate of his police tactical vest. The MPD Emergency Response Team officer and the U.S. Park Police officer returned fire and were able to shoot and kill Mr. Alexis.
Under the applicable federal criminal civil rights laws, prosecutors must establish beyond a reasonable doubt not only that an officer’s use of force was excessive, but also that the officer willfully deprived an individual of a constitutional right. Proving “willfulness” is a heavy burden, and means that it must be proven that the officer acted with the deliberate and specific intent to do something the law forbids. Accident, mistake, fear, negligence and bad judgment do not establish such a criminal violation. After a careful, thorough and independent review of the evidence, federal prosecutors have found no evidence to prove a civil rights violation, beyond a reasonable doubt, against any of the officers involved in this matter. Accordingly, the investigation into this incident has been closed without prosecution.
The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.
14-184U.S. Attorney Luger Files Civil Rights Lawsuit Alleging Religious Discrimination by the City of St. Anthony VillageRead the Press Release
United States Attorney Andrew M. Luger and Acting Assistant Attorney General Molly Moran for the Justice Department’s Civil Rights Division today announced the filing of a lawsuit against the City of St. Anthony Village for an alleged violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Specifically, the lawsuit seeks injunctive relief requiring St. Anthony to allow the Abu Huraira Islamic Center to maintain a worship space in the basement of the St. Anthony Business Center.“Freedom of religion and the right to assemble peaceably are enshrined for all Americans in the Bill of Rights,” said U.S. Attorney Luger. “This office conducted a thorough investigation of the circumstances surrounding the City Council’s decision to deny Abu Huraira the right to worship in the St. Anthony Business Center. It is a solemn duty of all United States Attorneys to uphold the Constitution. The people of Abu Huraira have a right to assemble peaceably – they have a right to practice their religion, and it’s our job to enforce that right.”
“Religious freedom is one of our most cherished rights, and there are few aspects of that right more central than the ability of communities to establish places for collective worship,” said Molly Moran, Assistant Attorney General of the Civil Rights Division.
The complaint, filed in the U.S. District Court in Minneapolis, alleges that the St. Anthony Village City Council treated an application for a conditional use permit to assemble in the St. Anthony Business Center filed by Abu Huraira on less than equal terms as other, non-religious, conditional use permits for assembly. The denial of the necessary permit for the worship center unlawfully disfavored a religious use, because the light industrial zone where the building is located allowed “assemblies, meeting lodges and convention halls,” including a union hall with banquet facilities available to be rented by the public.
In addition to Abu Huraira treatment on less than equal terms to similarly situated secular organizations, the denial of Abu Huraira’s permit substantially burdens its members in practicing their faith. Abu Huraira members’ ability to exercise their religion is limited by their current worship site options, including, but not limited to the fact that members in the northern Twin Cities are burdened from praying together based on the length of time it takes to travel to the worship centers in south Minneapolis. Moreover, prayer space at locations in Minneapolis are too small to accommodate members, many of whom often have to pray in hallways or entryways, and hold multiple prayer sessions in shifts to accommodate crowds.After conducting a search for adequate prayer space lasting nearly three years, Abu Huraira entered into a purchase agreement for the St. Anthony Business Center. The business center is an ideal location for Abu Huraira because it is centrally located, has a basement measuring approximately 11,600 square feet, and has ample parking. The business center is in the “light industrial” zone of St. Anthony, conditional uses for which included “assemblies, meeting lodges, and convention halls.”
In February 2012, after consulting St. Anthony Village officials, Abu Huraira applied for a conditional use permit for assembly in the light industrial zone. It was denied on June 12, 2012, by a St. Anthony Village City Council vote of 4-1, despite the professional St. Anthony City Planning Staff recommending approval, despite the St. Anthony Village City Planning Commission recommending approval, and despite members of Abu Huraira attending each meeting of the Council and Planning Commission to address any concerns held by the City.
The lawsuit filed by the U.S. Attorney’s Office in Minnesota seeks to enforce Abu Huraira’s constitutional rights under RLUIPA by requiring St. Anthony Village to grant the conditional use permit to allow Abu Huraira to assemble for the purpose of worship.
Assistant U.S. Attorneys Bahram Samie, Ana Voss, and Greg Brooker, as well as Justice Department attorneys from the Civil Rights Division are representing the United States in this matter.
RLUIPA, enacted in 2000, contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religion exercise. Persons who believe that they been subjected to religious discrimination in land use or zoning may contact the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division at 1-800-896-7743. More information about RLUIPA, including a report on the first ten years of its enforcement, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Two Undocumented Aliens Sentenced for Their Roles in Tax Refund Fraud ConspiracyRead the Press Release
U.S. Attorney Kenneth Polite and Deputy Assistant Attorney General Ronald A. Cimino of the Justice Department's Tax Division announced that OSCAR ARMANDO PERDOMO, 35, was sentenced to serve 42 months in prison for conspiracy to defraud the United States by filing false income tax returns that fraudulently claimed large tax refunds, mail fraud, and aggravated identity theft. In addition, SUSANA CARILLO MENDOZA, 38, was sentenced to serve 19 months in prison for her role in the conspiracy to defraud the United States. The defendants were further ordered to pay restitution and to serve terms of supervised release.
Both defendants have been detained since their arrest. MENDOZA is a Guatemalan national and PERDOMO is a citizen of Honduras, and both face possible deportation following the completion of their sentences. They were charged with being part of a multi-jurisdictional conspiracy to file false income tax returns. To date, 16 defendants have entered guilty pleas to various charges in the case, including JACQUELINE J. ARIAS, a tax return preparer in Spruce Pine, Alabama, who is pending sentencing. Thus far, all defendants have been sentenced to prison.
According to the indictments in this case, the conspirators filed false returns listing Individual Taxpayer Identification Numbers (ITINs). An ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to individuals who do not have, and are not eligible to obtain, a social security number. As alleged in the indictments, ARIAS was a certified acceptance agent, entrusted by the IRS with the responsibility of reviewing the documentation of an ITIN applicant’s identity and alien status for authenticity, completeness and accuracy before submitting their application to the IRS. The indictments charged that ARIAS and her coconspirators filed false applications for ITINs, in addition to false income tax returns, and that ARIAS collected preparation fees from the fraudulently-obtained tax refunds. According to the second superseding indictment, the conspirators purchased identification documents from overseas and Forms W-2 from other aliens illegally present in the United States for use in filing false income tax returns with ARIAS.
The case was investigated by U.S. Immigration and Customs Enforcement - Homeland Security Investigations; IRS-Criminal Investigation; the U.S. Secret Service; the U.S. Postal Inspection Service; and the Social Security Administration - Office of the Inspector General, in partnership with the St. Tammany Parish, La. and Jefferson Parish, La. Sheriffs’ Departments. The case was prosecuted by Department of Justice, Tax Division Trial Attorneys Hayden Brockett and Kevin Lombardi of the Justice Department’s Tax Division and Assistant United States Attorney David Haller.
Two North Alabama Men Indicted in Separate Child Pornography CasesRead the Press Release
Augus 27 , 2014
BIRMINGHAM -- A federal grand jury today indicted two north Alabama men in separate child pornography cases that include images of children younger than 12 years old, announced U.S. Attorney Joyce White Vance.A three-count indictment filed in U.S. District Court charges JUSTIN CLAY McNEILL, 28, of Somerville, with receiving, distributing and possessing child pornography on a computer at his Morgan County residence between July 8, 2013, and July 8, 2014. A separate and unrelated indictment charges JASON WARREN McCLURE, 36, of Huntsville, with receiving and possessing child pornography via the Internet at his Madison County home between January 26, 2013, and March 7, 2014.
Each of the child pornography charges carries a maximum penalty of 20 years in prison and a $250,000 fine.
The Alabama Bureau of Investigation investigated the case involving McNeill, which Assistant U.S. Attorneys Elizabeth A. Holt and Jacquelyn M. Hutzell are prosecuting. The FBI is investigating the case involving McClure, which Assistant U.S. Attorney Mary Stuart Burrell is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Two More Sentenced to Lengthy Prison Terms for Treasure Coast PNC Bank Robbery SpreeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, John A. Bolduc, Chief, Port St. Lucie Police Department, Ken J. Mascara, St. Lucie County Sheriff’s Office, Sean Baldwin Chief, Ft. Pierce Police Department, J. Michelle Morris, Chief, Sebastian Police Department, and Deryl Loar, Sheriff, Indian River Sheriff’s Office, announce the sentencing of Anthony Isaac Johnson, 25, and Allen Demetrius Bradford, 23, both of West Palm Beach, by U.S. District Judge Jose E. Martinez. Johnson was sentenced to 35 years in prison, followed by five years of supervised release. Bradford was sentenced to 481 months (over 40 years) in prison, followed by five years of supervised release.
Previously sentenced in this case were defendants Ivory Lee Robinson, III, 22, and Tomaleesha Jeffie Laqua McKeliver, 22, both of West Palm Beach, by U.S. District Judge Donald L. Graham. Robinson, a career offender, was sentenced to 262 months in prison, followed by five years of supervised release on February 27, 2014. McKeliver was sentenced to 102 months in prison, followed by three years of supervised release on December 16, 2013.
Defendants Raven Simone Sayers, 23, of Hallandale, Herbert Lenorris Smith, 37, of West Palm Beach, and Joe JR Desilien, 25, of West Palm Beach, were previously sentenced by Judge Martinez. Sayers was sentenced to 162 months in prison, followed by three years of supervised release on March 10, 2014. Smith was sentenced to 204 months, followed by five years of supervised release on May 20, 2014. Desilien was sentenced to 194 months, followed by five years of supervised release on July 14, 2014.
Paul Edward Moore pled guilty on May 14, 2014, and is scheduled to be sentenced on November 18, 2014.
Each of the defendants previously pled guilty to interference with commerce by robbery (Hobbs Act), in violation of Title 18, United States Code, Section 1951, and using and carrying a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c).
According to court documents, between June 8, 2013 and July 8, 2013, employees of five PNC bank branches, located in the counties of Indian River, Volusia, Hillsborough, and St. Lucie Counties, were robbed at gunpoint by three black males, whose faces were covered, wearing gloves. In all of the robberies, one male would brandish a handgun, while the other two approached and/or jumped the tellers’ counters demanding money.
On June 8, 2013, three black males entered the PNC Bank in Sebastian. Moore, Johnson and a third male ran into the bank, with Moore and Johnson jumping over the counter, with the third male remaining in the lobby area, brandishing a semiautomatic handgun. Bank employees and a customer, who was at the front counter, were ordered and forced to the floor, as the Moore and Johnson searched the teller drawers. After taking a large quantity of cash, which included a dye pack, all three males fled in a stolen vehicle, which they abandoned nearby.
On June 20, 2013, Moore, Johnson and Bradford entered the PNC Bank in Port Orange with faces covered and wearing gloves. Bradford brandished a firearm at the bank employees, while Moore and Johnson jumped the teller counters, demanding and taking United States currency. The three males fled the bank in a stolen vehicle, driven by Desilien, which was found abandoned nearby. Prior to the robbery, at a nearby McDonald’s restaurant, surveillance camera shows Moore, with Johnson and Desilien.
On July 1, 2013, Moore, Johnson and Bradford entered the PNC Bank in Tampa with faces covered, wearing gloves. One male brandished a firearm at the bank employees while the other two males jumped the teller counters, demanding and taking United States currency. The three males fled the bank in a stolen vehicle, found abandoned nearby. On this date, Sayers was in possession of a leased vehicle, in which the robbers fled the Tampa area.
During the night of July 7, 2013, into the early morning hours of July 8, 2013, Johnson, Moore, Bradford, Desilien, Sayers, Robinson, McKeliver, and Smith, met in West Palm Beach and planned and agreed to rob two St. Lucie County PNC banks at gun point. In order to carry out the two robberies, the group separated into two teams. The plan was for each team to have a female as a getaway driver and three males. Sayers and McKeliver agreed to be the robbery getaway drivers. Each team would steal a van, rob each of the banks at gunpoint, with their faces covered, leave the bank in the van, and transfer into the getaway vehicles, in order to flee the area. Sayers and McKeliver drove rental cars. The two teams travelled from Palm Beach County to St. Lucie County in the two rented cars. While en route, the two teams remained in cellular phone contact with one another. Once in St. Lucie County, the teams scouted PNC Banks and escape routes and stole two vans in Ft. Pierce for use in the two bank robberies. Later on July 8, 2013, two St. Lucie County PNC Banks were robbed at gunpoint, almost simultaneously. Law enforcement eventually identified, located, arrested and charged Sayers, Robinson, McKeliver, and their co- conspirators.
Mr. Ferrer commended the investigative efforts of the FBI, Port St. Lucie Police Department, St. Lucie County Sheriff’s Office, Ft. Pierce Police Department, Sebastian Police Department, Indian River Sheriff’s Office, Palm Beach County Sheriff’s Office, Port Orange Police Department, and Hillsborough County Sheriff’s Office for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Inmates Indicted for Murder, AssaultRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two inmates of the U.S. Medical Center for Federal Prisoners in Springfield, Mo., have been indicted, in separate and unrelated cases, for murdering one inmate and assaulting another.
USA v. Hill
Jerry Scott Hill, 43, was charged with voluntary manslaughter in an indictment returned by a federal grand jury in Springfield on Wednesday, Aug. 27, 2014. Hill allegedly killed another inmate, Cyprian Adoh, on July 19, 2014, during a sudden quarrel in the heat of passion by pushing his head into a wall. The resulting brain injuries caused Adoh’s death.
Hill is currently serving a 262-month sentence for possession of a firearm by a convicted felon, with a release date of Jan. 24, 2029. Adoh was serving a 70-month sentence for Medicaid/Medicare fraud.
USA v. Kinningham
Dean Kinningham, 51, was charged with assault with the intent to commit murder in an indictment returned by a federal grand jury in Springfield on Wednesday, Aug. 27, 2014. Kinningham allegedly assaulted another inmate, Gary Brown, by stabbing and slashing him with a razor blade on June 4, 2014.
Kinningham is currently serving a 262-month sentence for armed pharmacy robbery, with a release date of March 31, 2030. Brown is currently serving a 170-month sentence for conspiracy to possess crack cocaine with the intent to distribute, with a release date of Feb. 25, 2015.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Assistant U.S. Attorney Randall D. Eggert. They were investigated by the FBI and the U.S. Bureau of Prisons.
Two Individuals Plead Guilty to Importing and Selling Hazardous and Counterfeit Toys in New YorkRead the Press Release
Two New York residents pleaded guilty today in connection with importing more than 100,000 counterfeit and hazardous children’s toys from China for sale in the United States.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Loretta E. Lynch of the Eastern District of New York, Special Agent in Charge James T. Hayes Jr. of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) New York, Director Robert E. Perez of Customs and Border Protection (CBP) New York Field Operations, Chairman Elliot F. Kaye of the Consumer Product Safety Commission (CPSC) and Commissioner William J. Bratton of the New York City Police Department (NYPD) made the announcement.
“In a criminal twist on a toy story, the defendants made millions importing dangerous, knock-off toys that put children in harm’s way,” said Assistant Attorney General Caldwell. “The defendants used a continuously shifting series of corporate entities in an effort to stay one step ahead of law enforcement. But their game has now come to an end. The Department of Justice is committed to stopping those who would smuggle hazardous, counterfeit goods into the United States.”
“For eight years, the defendants lined their pockets while putting at risk the health of our children by smuggling dangerous and copyright-infringing toys into the United States,” said U.S. Attorney Lynch. “Today’s guilty pleas signify the end of this dangerous pipeline from China. We will continue to be vigilant and prosecute those who would smuggle dangerous and unlawful items into our country and neighborhoods.”
“The United States has some of the strongest toy standards and lowest lead limits in the world, specifically to keep children safe,” said CPSC Chairman Kaye. “We have no more important mission than protecting children. For that reason, the CPSC will continue to work with our federal partners to enforce toy safety requirements at the ports and in the marketplace.”
“The defendants in this case endangered thousands of American children by manufacturing for sale counterfeit toys made with unsafe amounts of lead and other hazardous chemicals,” said Special Agent in Charge Hayes Jr. “HSI focuses its efforts to protect intellectual property, first and foremost, on those counterfeit goods that present health and safety hazards to consumers.”
Chenglan Hu, 52, and Hua Fei Zhang, 53, of Bayside, New York, pleaded guilty in connection with importing children’s toys with copyright-infringing images and counterfeit trademarks of popular children’s characters, as well as unsafe lead levels, small parts that presented risks of choking or ingestion, easily-accessible battery compartments, and other potential hazards. Hu and Zhang were the last of nine defendants to plead guilty in this investigation; Guan Jun Zhang, Jun Wu Zhang, and five corporations – Family Product USA Inc., H.M. Import USA Corp., ZCY Trading Corp., Zone Import Corp. and ZY Wholesale Inc. – previously pleaded guilty to Consumer Product Safety Act (CPSA) and trademark counterfeiting charges. In pleading guilty to trafficking in hazardous consumer goods in violation of CPSA, Hu and Zhang also agreed to forfeit $700,000 and more than 120,000 unsafe children’s toys. The government previously seized three luxury vehicles and six bank accounts, and filed lis pendens against two real properties owned by Zhang in Queens, New York.
According to court filings and facts presented at the plea hearings, from July 2005 through January 2013, Hu, Zhang, and the other individual defendants used the companies they owned to import and sell toys from China from a storefront and warehouse in Ridgewood, New York, and other locations in Brooklyn, New York and Queens, New York. According to the indictment, CBP seized toys imported by the defendants from shipping containers entering the United States from China on 33 separate occasions. Seventeen of the 33 seizures contained toys prohibited from import into the United States because of excessive lead content, excessive phthalate levels, small parts that presented risks of choking, aspiration or ingestion, and easily-accessible battery compartments. Sixteen of the 33 seizures contained toys bearing copyright-infringing images and counterfeit trademarks, including a wide variety of popular children’s characters, such as Winnie the Pooh, Dora the Explorer, SpongeBob SquarePants, Betty Boop, Teenage Mutant Ninja Turtles, Power Rangers, Spiderman, Tweety, Mickey Mouse, and Pokémon, as well as those from movies such as “Cars,” “Toy Story” and “High School Musical.”
Hu, Zhang, and the other individual defendants changed their use of the companies, sometimes even forming new companies, and alternated their formal titles in order to conceal their continued importation and distribution of the hazardous and counterfeit toys.
Hu and Zhang pleaded guilty before U.S. Magistrate Judge James Orenstein of the Eastern District of New York. Sentencing will be announced at a later date.
The case was jointly investigated by the HSI Intellectual Property Rights Group and the NYPD, through its participation in the New York Border Enforcement Security Task Force, with the assistance of CBP and CPSC. The case was prosecuted by Senior Counsel Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys William Campos and Claire Kedeshian of the Eastern District of New York.Two California Residents Sentenced to Prison for Computer Theft from Charlotte-Based Online Mortgage BrokerRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced two California residents to prison on Tuesday, August 26, 2014, for their role involving computer theft from a nation-wide online mortgage broker (the “company”), announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Brian Matthew Rich, 40, of Laguna Beach, Calif., was sentenced to 24 months in prison, followed by two years of supervised release. Marcus Alan Avritt, 42, of Seal Beach, Calif. was sentenced to 15 months in prison and two years of supervised release. Judge Conrad also ordered both defendants to pay restitution to the company, the amount of which will be determined by the court at a later date.
John A. Strong, Special Agent in Charge for the Federal Bureau of Investigation, Charlotte Division, joins U.S. Attorney Tompkins in making today’s announcement.
According to filed court documents and court proceedings, Rich and Avritt were the co-owners of Chapman Capital, Inc., a California-based mortgage broker firm also doing business as “Home Loan Consultants.” Court records show that Rich and Avritt purchased unauthorized access to the victim company’s database, which contained data on consumers who had used the company’s online mortgage lending exchange network to apply for new and refinanced mortgage loans, from 2007 until January 2008. According to court records, Rich and Avritt purchased the unauthorized access from another California-based mortgage broker and co-defendant, Steve Kenneth Rosene. Court records indicate that Rosene had obtained the unauthorized computer access from the fourth member of the conspiracy, Jarrod Beddingfield, who was a former employee of the victim company.
According to court records, the victim company’s online mortgage lending exchange network facilitated millions of consumer loan requests for new and refinanced mortgages. Mortgage loan consumers used the internet to access the company’s network and to complete online mortgage application forms containing contact, non-public financial data and other information necessary to the mortgage application process. Court records indicate that the information submitted through this online process comprised the company’s mortgage referral information, known individually as “mortgage leads.” According to court documents, the mortgage referral information, which contained thousands of such individual mortgage leads, was valuable information because it consisted of mortgage loan consumers who were ready, willing and financially-able to close on mortgage loans, refinancing loans and home equity loans, court records show. By obtaining this information without paying the requisite fees and dues, Rich and Avritt avoided paying the victim company an estimated $745,152 for the stolen mortgage leads.
Avrit and Rich pleaded guilty in August and September 2013, respectively, to one count of conspiracy to illegally access and use the company’s customer database. The other two co-defendants, Rosene and Beddingfield, have also pleaded guilty to the same charge. Rosene has also pleaded guilty to one count of unauthorized computer access/exceeded authorized access for commercial advantage and financial gain. Rosene and Beddingfield will be sentenced by the court at a later date.
Avritt and Rich have been released on bond and will be ordered to the report to the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI. This prosecution is handled by Assistant United States Attorneys Tom O’Malley and Ben Bain-Creed of the U.S. Attorney’s Office in Charlotte.
Three Tennessee Men Indicted for Taking Civil War Artifacts from Tennessee River on TVA Land in AlabamaRead the Press Release
Augus 27 , 2014BIRMINGHAM -- A federal grand jury today indicted three Tennessee men on charges connected to the removal of Civil War-era archaeological artifacts from the Tennessee River at Bridgeport in Jackson County, Ala., announced U.S. Attorney Joyce White Vance and Tennessee Valley Authority Police Director David Jolley.
An indictment filed in U.S. District Court charges KENNETH STEPHEN FAGIN JR., 38, of South Pittsburg, Tenn., TERRY BRUCE TATE, 60, of Jasper, Tenn., and ANGELO DOMINIC PERUIT, 46, of Knoxville, Tenn., under the Archeological Resources Protection Act.
The indictment charges Fagin, former owner of Historical Resurrections in Jasper, Tenn., with one count of excavating and removing archeological resources from public lands, the Tennessee River at Bridgeport, in April 2010. It charges Fagin and Tate with one count of exchanging and transporting archeological resources taken from the river in March 2010. The indictment also charges Fagin and Peruit, owner of The Army of Tennessee Civil War Relics in Knoxville, with one count of offering to sell and exchange archeological resources removed from the river between April 1, 2010, and Aug. 31, 2011. The resources, in all counts, are said to have a commercial value and a cost of restoration and repair in excess of $500.
Each of the charges carries a maximum penalty of two years in prison and a $20,000 fine.
TVA Police Investigations Unit investigated the case, which Assistant U.S. Attorney David H. Estes is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Three Indicted for Conspiring to Traffic Cocaine by Circumventing Airport SecurityRead the Press Release
Anchorage, Alaska – Acting United States Attorney Kevin R. Feldis announced today that a grand jury indictment has been unsealed charging three men with conspiring to distribute five kilograms or more of cocaine between Las Vegas and Alaska. The indictment charges three Las Vegas men: Daren D. Cole, 47, Dewane E. Blue, 37, and Bryan M. Bledsoe, 36.
The indictment alleges that since 2012, Blue would obtain cocaine for distribution in Alaska and other states, and then give the cocaine to Bledsoe, an airport employee, who would bring the drugs into McCarran International Airport, Las Vegas, Nevada, without passing through security. Inside the terminal, Bledsoe would then meet with Blue or others after they had gone through security screening, and provide them with the drugs. The drugs would be placed in the traveler’s carry-on baggage for distribution to Alaska and other states. Drug proceeds would be shipped back to Blue and other conspirators using the mail or parcel services. The indictment details 12 parcels containing drug proceeds that were sent from Anchorage to Las Vegas. Four of the parcels were seized by law enforcement, containing a total of $414,230 in cash. The indictment seeks forfeiture of this money, along with several vehicles.
The indictment further alleges that on June 1, 2014, Cole dropped off money to Blue to facilitate a later drug transaction. Later that day, Blue met with Bledsoe for the purpose of providing him with approximately ten kilograms of cocaine for Bledsoe to carry into the airport. The indictment states that Bledsoe then used his airport credentials to enter secure areas of McCarran International Airport terminals. It is further alleged that Bledsoe transferred the cocaine to Blue, who gave it to Cole in an airport bathroom. Cole was arrested on June 1, when investigators seized the ten kilograms before he boarded his flight to Anchorage.
Cole was subsequently indicted in Alaska for attempting to distribute the cocaine in Alaska, and is currently in custody in Anchorage. Bledsoe and Blue were arrested between last night and this morning. They will be brought to federal court in Las Vegas for initial appearances on the Alaska charges.
The case was investigated by the Drug Enforcement Administration, in its Anchorage and Las Vegas District Offices; the United States Postal Inspection Service, in Anchorage and Las Vegas; the FBI Anchorage Safe Streets Task Force; the Anchorage Police Department; the Las Vegas Metropolitan Police Department; the Henderson Police Department; and the North Las Vegas Police Department. The Clark County Department of Aviation has been providing invaluable assistance to law enforcement’s efforts since the seizure of cocaine in the airport on June 1. The case is being prosecuted by the United States Attorney’s Office for the District of Alaska, which has been assisted by the United States Attorney’s Office for the District of Nevada.
The maximum penalties for the drug conspiracy charge include a minimum of 10 years in prison and maximum of life in prison, a $10 million fine, and at least five years of supervised release. The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.Three Athens Area Methamphetamine Traffickers Sentenced to Serve over Thirty Years in Federal PrisonRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Steven Chance Massey, 25, of Hull, Georgia, Christopher Phillip Vaughn, 37, of Martin, Georgia, and Talsey Cleveland McCullough, 33, of Comer, Georgia, were sentenced Tuesday to two hundred (200) months, one hundred twenty (120) months, and ninety (90) months imprisonment, respectively, by the Honorable C. Ashley Royal, Chief United States District Judge in Athens, Georgia following their federal methamphetamine trafficking and firearms convictions.On August 31, 2013, Athens-Clarke County Police Officers arrested an individual when they found him to be in possession of a distribution quantity of methamphetamine and a stolen firearm. Officers traced the methamphetamine and firearm back to an area hotel and found Defendants Massey, Vaughn, and McCullough in possession of a significant quantity — over 500 grams — of methamphetamine intended for further distribution in the Athens area along with several firearms, cash, digital scales, and cash.
In May 2014, Massey and Vaughn each pleaded guilty to one count of possession with the intent to distribute methamphetamine and McCullough pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime. “Drugs and guns are a deadly combination and a continuing scourge on our communities. Hopefully these sentences will convince others inclined to engage in the illegal methamphetamine trade that such activity is not worth the cost when caught.”
The case was investigated by members of the Northeast Georgia Regional Drug Task Force and the Athens-Clarke County Police Department. The case was prosecuted by Assistant United States Attorney Danial E. Bennett.
Questions concerning this case should be directed to Karen Moore, United States Attorney’s Office, at (478) 621-2606.
Susan B. Anthony Voting Trial ReenactedRead the Press Release
GRAND RAPIDS, MICHIGAN – In commemoration of Women’s Equality Day, the United States Attorney’s Office for the Western District of Michigan, along with the Federal Bar Association, hosted a reenactment of the 1873 Susan B. Anthony criminal trial today at the Gerald R. Ford Federal Court Building in downtown Grand Rapids, Michigan.
In full period costume, Susan B. Anthony was played by Federal District Court Judge Janet T. Neff, and Federal Magistrate Hugh W. Brenneman, Jr. played the trial judge. Lawyers from the U.S. Attorney’s Office played the prosecutor, defense attorney, and witnesses. U.S. Attorney Patrick Miles appeared as Frederick Douglass, a supporter of Susan B. Anthony and women’s suffrage. The first fourteen men who came to attend the program as spectators were surprised to receive jury summons papers with instructions to sit as the all-male jury.
Susan B. Anthony was arrested for voting in Rochester, New York, in the U.S. Presidential election on November 5, 1872. Her trial took place on June 17, 1873, in Canandaigua Courthouse, New York. The trial reenactment held today followed a historically accurate transcript of the actual criminal trial. At the trial’s conclusion, the judge instructed the jury to convict Susan B. Anthony, ordering, “Upon this evidence I suppose there is no question for the jury and that the jury should be directed to find a verdict of guilty.” Susan B. Anthony responded emphatically to the verdict, arguing, “In your ordered verdict of guilty, you have trampled underfoot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored.” The legal right for American women to vote was not obtained until 1920, after Susan B. Anthony’s death, with the ratification of the 19th Amendment to the U.S. Constitution.
The program was developed as a project of the United States Attorney’s Office Special Emphasis Program Committee whose mission is to develop and conduct programs, including commemorative observances, which increase understanding within federal offices of the special issues that can affect employees who are minorities, women, U.S. military veterans, and persons with disabilities.
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Shiprock Man Sentenced to Seventy-Two Months in Prison for DWI-Related Murder ConvictionRead the Press Release
ALBUQUERQUE – Alvert Miller, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 72 months in federal prison followed by five years of supervised release for his second degree murder conviction.
Miller was arrested on May 1, 2013, based on a criminal complaint charging him with involuntary manslaughter for killing a 53-year-old Navajo man and driving under the influence of intoxicating liquor on April 27, 2013. Miller subsequently was indicted on May 29, 2013, and charged with second degree murder.According to court filings, on April 27, 2013, Miller was intoxicated when he lost control of the truck he was driving, causing a rollover collision on U.S. Highway 491 near Littlewater, N.M., which is located within the Navajo Indian Reservation. When the truck rolled over, the initial impact was on the passenger side of the vehicle, causing the victim, who was a passenger in Miller’s truck, to be ejected. The victim died upon impact as a result of blunt force trauma to the face and head. On April 29, 2013, during an interview with a tribal police investigator, Miller admitted that the rollover occurred because he was driving while intoxicated and fell asleep at the wheel.
On April 23, 2014, Miller pled guilty to the indictment and admitted killing the victim while driving under the influence of alcohol. In his plea agreement, Miller acknowledged that he knew based on his prior convictions for driving under the influence of alcohol that his conduct imperiled the lives of others.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Second of Three Defendants Sentenced in Hobbs Act Robbery ConspiracyRead the Press Release
PROVIDENCE, R.I. – Gennaro Miele, 62, of Niantic, CT., was sentenced today in U.S. District Court in Providence, R.I., to 41 months in federal prison for his role in a home invasion and robbery in March 2010, of a 78-year-old associate of the Gambino crime family in Stamford, CT., announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
U.S. District Court Judge John J. McConnell, Jr., also ordered Miele to serve one year supervised release upon completion of his prison term. Miele pleaded guilty on June 4, 2014, to one count of conspiracy to commit Hobbs Act robbery.
At the time of his guilty plea, Miele admitted to the court that he participated in a conspiracy with two other individuals, Napoleon Andrade, 33, of Central Falls, R.I., and Stephen L. Conti, 43, of Swansea, Mass. Plans to execute a home invasion and robbery which they formulated during meetings and telephone conversations that occurred in Rhode Island, Massachusetts and Connecticut.
According to court documents and information presented to the court, the home invasion and robbery were planned in a growing dispute over a loansharking debt that had grown to be in excess of $300,000. The target of the home invasion was a known associate of the Gambino crime family.
According to court documents and information presented to the court, Miele and two others gained entrance to the victim’s home on March 2, 2010, bound and blindfolded the victim and stole more than $200,000 worth of jewelry, more than $16,000 in cash and a double-barreled shotgun. Some of the items stolen were sold to a pawn shop in Rhode Island later the same day.
According to court documents and information presented to the court, Napoleon Andrade was the target of an unrelated, long-term federal, state and local law enforcement investigation into his suspected drug trafficking activities. During a March 8, 2010, conversation surreptitiously recorded by law enforcement, Andrade discussed his participation in home invasions in Connecticut and New York. An investigation by ATF agents determined that one of the home invasions discussed was the incident in Stamford, CT.
In August 2011, in matters unrelated to the home invasion, Andrade admitted to the facts that were the basis for charges contained in three federal indictments and three informations that were brought as the result of several ATF led investigations, and several joint federal, state and local investigations. Some of the investigations included “sting operations” and the use of electronic surveillance. Andrade received a10-year federal prison sentence for drug trafficking, money laundering, theft of government property and federal firearm violations. His sentence was enhanced by 63 months for his role in the March 2010 home invasion. He pleaded guilty in March 2014 to conspiracy to commit a Hobbs Act robbery.
Stephen L. Conti pleaded guilty on September 26, 2013, to conspiracy to commit a Hobbs Act robbery. He is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr. on September 12, 2014.
The cases highlighted in this news release are being prosecuted in the District of Rhode Island by Assistant U.S. Attorney Gerard B. Sullivan.
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[email protected]Scranton Man Charged with Sex Trafficking of A MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton resident was indicted by a federal grand jury yesterday for sex trafficking of a minor and conspiracy to commit sex trafficking of a minor.
According to United States Attorney Peter Smith, Sean Cantelmo, age 28, allegedly conspired with others to coerce a minor female to engage in prostitution and illegal sexual activity during February through May 2014.
The indictment alleges that the defendant used a cell phone to post advertisements for “escort services” involving the minor female on a website and rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities.
Cantelmo is charged with Conspiracy to Commit Sex Trafficking of Children by Force and Coercion and Sex Trafficking of Children by Force and Coercion.
Cantelmo was taken into custody yesterday and is scheduled to appear before U.S. Magistrate Judge Karoline Mehalchick at the Federal Courthouse in Wilkes-Barre later today.
The charges stem from an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the Pennsylvania State Police.
The sex trafficking of children by force and coercion and conspiracy charges are each punishable by a mandatory minimum sentence of 15 years in prison and a possible maximum sentence of life in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Resident of Harrisburg and New York Sentenced to 25 Years Imprisonment for Conspiracy to Distribute CocaineRead the Press Release
Maurice Henderson, 33, of New York and Harrisburg, was sentenced in federal court in Harrisburg, Pennsylvania, today to 25 years’ imprisonment following his conviction for criminal conspiracy and distribution of crack cocaine and powder cocaine. U.S. District Court Judge John E. Jones, III directed that Henderson remain on supervised release for 10 years following his jail sentence.
On February 10, 2014, a federal jury in Harrisburg returned a verdict finding Henderson guilty of conspiracy to traffic drugs and trafficking drugs.
According to United States Attorney Peter Smith, Henderson was convicted of criminal conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine hydrochloride and 280 grams or more of crack cocaine and distribution and possession with intent to distribute the same drugs. The jury found him not guilty of possessing a firearm in furtherance of drug trafficking. The verdict was returned following a week-long jury trial before U.S. District Court Judge John E. Jones, III.
Evidence presented during trial established that Henderson sold crack cocaine to an individual working with the Dauphin County Drug Task Force twice and also sold crack cocaine to an undercover police officer on two occasions. Witnesses testified that over a two-year period, Henderson and his co-conspirators made frequent trips from Harrisburg to a neighborhood in New York to purchase multiple kilogram quantities of cocaine hydrochloride, using rental cars and drivers to make the trips. Upon their return to Harrisburg, members of the conspiracy cooked the bulk of the cocaine hydrochloride into “crack” cocaine, weighed it, packaged it into smaller quantities and distributed to drug dealers in the Harrisburg area.
Co-conspirators Juval Green, 34, Robert Reynoso, 35, Derrice Sassaman, 39, and Annalyn Black, 26, all previously pleaded guilty to a drug trafficking conspiracy. Prior to jury selection in Henderson’s case, the government filed a notice stating that because Henderson has at least two prior felony drug convictions, he is subject a mandatory 20 years’ imprisonment.
The investigation that led to Henderson’s arrest and conviction was part of a larger investigation targeting crack cocaine dealing in the 14th and Swatara Street area in Harrisburg.
The case was investigated by the Drug Enforcement Administration, the Dauphin County Criminal Investigative Division, the Dauphin County Drug Task Force, Lower Paxton Township Police, Susquehanna Township Police, the U.S. Marshal’s Service, Pennsylvania State Police, and Harrisburg Police. It was prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Patrick Black Spotted Horse, age 25, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 15, 2014, and July 27, 2014, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, knowingly failed to register and update his registration.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Hill Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Joseph Paddock, 21, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Paddock was arrested on April 28, 2014, on a criminal complaint charging him with assault, and subsequently was charged in an indictment with assault with a dangerous weapon. According to court filings, Paddock assaulted the victim, a security guard employed by the Ramah Navajo School Board, by cutting him with a knife on April 18, 2014, at a location within the Navajo Indian Reservation.
During today’s hearing, Paddock entered a guilty plea to the indictment and admitted that on April 18, 2014, he assaulted the victim with a knife with the intent of causing bodily harm. Paddock acknowledged that as a result of the assault, the victim sustained injuries that required multiple stitches.
Paddock has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Paddock faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Ramah Navajo Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Philadelphia Woman Charged with Stealing Dead Mother's Retirement BenefitsRead the Press Release
Maxine Harvin, 71, of Philadelphia, PA, was charged by yesterday information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the information, the defendant received retirement benefits intended for her mother, after her mother’s death in March 2004 until her fraud was discovered in March of 2014. The defendant’s alleged actions resulted in a loss to the government of approximately $98,334.
If convicted, the defendant faces a maximum possible sentence of 10 years imprisonment, a three year period of supervised release, restitution to the government of $98,334, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Social Security Administration Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525