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24 July 2014
Postal Service Employee Admits to Stealing and Embezzling over 20,000 Pieces of MailRead the Press Release
Baltimore, Maryland – Jeffrey L. Shipley, age 47, of Millersville, Maryland pleaded guilty today to stealing and destroying mail while employed as a postal employee.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; and Special Agent in Charge Paul Bowman of the U.S. Postal Service, Office of Inspector General.
According to his plea agreement, Shipley worked as a postal service carrier beginning in 1993. From about 2005 to March 10, 2014, Shipley stole and embezzled mail. Shipley was a letter carrier at the Brooklyn Carrier Annex from 1994 to January 2007, at the Parkville Branch until August 2007 and at the Catonsville Carrier Annex from August 4, 2007 to the present.Shipley embezzled mail that he was entrusted to deliver on his assigned route. He also stole mail directly from the Catonsville Carrier Annex that was not part of his assigned route. Shipley also took Postal Service property, including stools, mail bags, signs and a mirror, valued at over $500.
Agents executed a search warrant at Shipley’s residence on March 10, 2014 and at a storage facility that he rented in Glen Burnie on April 18, 2014. Agents seized 20,413 pieces of mail, including gift cards and credit cards. Agents also seized 55 gift cards and 15 credit cards which were located separately from the stolen and embezzled mail, along with prescription bottles of medicine, checks, passports, a U.S. citizenship and immigration card, jewelry, clothes, books, a Nook, sunglasses and other items.
The total loss resulting from the scheme is over $10,000 and involved over 250 victims.
Shipley faces a maximum sentence of five years in prison for theft of mail by a Postal employee and for destruction of mail by a Postal employee, and a $250,000 fine. Shipley has agreed to terminate his employment with the Postal Service and pay restitution of at least $10,000. U.S. District Judge Ellen L. Hollander scheduled sentencing for January 23, 2015 at 10:30 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Service - OIG for its work in the investigation and thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.Ponzi Scheme Operator Pleads Guilty to Securities FraudRead the Press Release
Defendant Spent Nearly $1.2 Million Of Investors’ Funds On Personal Expenses
CHARLOTTE, N.C. – Claude Darrell McDougal, 55, formerly of Charlotte, appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to securities fraud for orchestrating a Ponzi scheme that defrauded his investor victims of over $2.5 million dollars, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
North Carolina Secretary of State Elaine F. Marshall and John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division join U.S. Attorney Tompkins in making today’s announcement.
According to court documents and today’s plea hearing, from 2006 to 2010 McDougal induced over 25 investors in Charlotte and elsewhere to invest more than $2.5 million, by promising his victims their money would be invested in securities, in the form of promissory notes offered by US Financial Alliance Consultants, LLC (Financial Alliance). McDougal created Charlotte-based Financial Alliance in 2005, but his company was never registered as a dealer of securities in North Carolina or elsewhere, court records reflect. Also, according to court records, McDougal was not registered to sell securities in North Carolina or in any other state, following termination from his previous employer in August 2009.
According to court documents, McDougal induced his victims to invest with Financial Alliance by “guaranteeing” fixed rates of return between 6% and 15% annually. Court records show that often McDougal’s victims were elderly and the funds they invested – and McDougal squandered – were most, if not all, of their life savings. During the course of the fraud, McDougal invested only $580,000 of the victims’ money and used approximately $450,000 to pay some victims supposed “payouts” from profits made on investments. However, court records show that these payments were not based on profits, but came from funds contributed by new investors, commonly referred to as “Ponzi” payments.
Today, McDougal admitted in court that he used approximately $1.19 million of the investors’ funds to support his own lifestyle, including to buy dinners, jewelry and electronics, and to pay for hotel stays, furniture and other business-related expenses.
McDougal has been released on bond. At sentencing, he faces a maximum of 20 years in prison for the securities fraud offense a fine of $5,000,000. A sentencing date has not been set.
The case was investigated by the North Carolina Secretary of State, Securities Division, with assistance from the FBI, Charlotte Division.
The prosecution is being handled by Special Assistant United States Attorney Kevin M. Harrington and Assistant U.S. Attorney Kurt W. Meyers of the Western District of North Carolina.
Mr. Harrington is an Enforcement Attorney with the North Carolina Department of Secretary of State, Securities Division, and was appointed to serve as a Special Assistant United States Attorney (SAUSA) with the U.S. Attorney’s Office in Charlotte in September 2011. The SAUSA position reflects the partnership between the North Carolina Securities Division and the United States Attorney that helps ensure the effective and vigorous prosecution of white collar criminals, particularly in the area of securities fraud.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Pittsburgh Man Sentenced to 140 MonthsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WV – A Pittsburgh, Pennsylvania, man was sentenced for his role in a conspiracy to distribute more than 100 grams of heroin in the Wetzel County area, by Chief Judge John Preston Bailey.
United States Attorney William J. Ihlenfeld, II, announced that Damon Rashad Reese, also known as “Mac”, age 26, was sentenced to 140 months in prison and four years of supervised release. The Court also ordered the forfeiture of $8,674 in U.S. currency and a 2002 Lexus which constitute proceeds from the illegal activity. Reese was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the West Virginia State Police - Bureau of Criminal Investigations.
In other court proceedings before Judge Bailey, Ihlenfeld announced that James Nathan Barcus, age 38, of Wheeling was sentenced to 12 months and 1 day in prison and three years of supervised release for conspiracy to distribute Schedule I and Schedule II controlled substances from December of 2011 until May 18, 2012, in the Wheeling area. Barcus, who is free on bond, will self-report to the designated Federal institution on September 11, 2014. Assistant United States Attorney Randolph J. Bernard was the lead prosecutor and was assisted by Ihlenfeld. The matter was investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration. Substantial assistance was provided by the Hancock-Brooke -Weirton Drug Task Force, which includes Weirton Police Officers, Hancock County Sheriff’s Deputies, and DEA Agents. Assistance was also provided by the Pennsylvania State Police.
Amanda Barker, age 25, of Moundsville, West Virginia, was sentenced to 6 months in prison and six years of supervised release for the distribution of alprazolam near a protected location in Marshall County in 2012. Barker was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Marshall County Drug Task Force, consisting of officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration. The task force receives federal funding from the Appalachia High Intensity Drug Trafficking Area (AHIDTA) initiative.
Pine Ridge Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Larceny was sentenced on July 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
George Ecoffey, a/k/a Richard Daniel Ecoffey, age 52, was sentenced to 3 years of probation, a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $2,200.
Ecoffey was indicted for Larceny by a federal grand jury on February 19, 2014. He pled guilty on March 28, 2014.
The charge related to Ecoffey and another man shooting a pregnant cow and killing it on February 9, 2013, near Manderson.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Pill Mill Doctor Sentenced to 20 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Ronald John Heromin (58, Brandon) to 20 years in federal prison for conspiracy to distribute and dispense Oxycodone and Alprazolam not for legitimate medical purposes and not in the usual course of professional practice. The Court also ordered Heromin to forfeit his Florida Medical License; his DEA Registration to prescribe controlled substances; $25,437.00 in U.S. currency; and monthly disability payments, totaling approximately $15,000.00 per month, during the period of his incarceration, as a substitute asset for his money judgment, which the Court entered in the amount of $1,952,563.00, representing the amount of proceeds the defendant obtained as a result of his participation in the conspiracy. Heromin was found guilty by a federal jury on April 17, 2014.
According to evidence presented at trial, from late 2009 through October of 2011, Heromin was the prescribing physician at several pain management clinics in the Tampa Bay and Miami areas, including Gulfshore Pain Management on Habana Avenue, the Tampa Bay Medical Center on Himes Avenue, and the Tampa Bay Wellness Centre on Martin Luther King Blvd., in Tampa; and the Hope for Life Wellness Center in Miami and the St. Mary’s Medical Institute in Hialeh, Florida. During that time, Heromin issued thousands of prescriptions for very large doses of Oxycontin, Oxydondone and Alprazolam to drug addicts and members of doctor shopping organizations who often traveled hundreds of miles from as far away as Ohio, Kentucky and Tennessee to get prescriptions for these highly addictive opiate pain medications. Over 500,000 Oxycodone pills and 230,000 Alprazolam pills prescribed by Heromin during that time were filled at a single pharmacy, the VIP Pharmacy on Martin Luther King Blvd., in Tampa.
Owners and operators of the Tampa Bay Wellness Centre and the VIP Pharmacy have previously been convicted of federal conspiracy and money laundering charges.
This case was investigated by a Joint Task Force including the Drug Enforcement Administration, the Tampa Police Department, the Pasco County Sheriff's Office, the Pinellas County Sheriff's Office, the Manatee County Sheriff’s Office, the Lakeland Police Department, and the Franklin County Sherriff’s Office in Columbus, Ohio. It was prosecuted by Assistant United States Attorneys Kathy J.M. Peluso.
Philadelphia Man Charged in Four Bank RobberiesRead the Press Release
Daniel Connelly, 28, of Philadelphia, PA, was charged today by indictment with committing four bank robberies, announced United States Attorney Zane David Memeger. The indictment alleges that on June 14, 2014, Connelly robbed the 3rd Federal Bank, at 2601 Orthodox Street, in Philadelphia, and stole $1,625; on June 19, 2014, he robbed the Republic Bank, at 7300 Frankford Avenue, in Philadelphia, and stole $940; on June 24, 2014, he attempted to rob Viriva Community Credit Union, at 7346 Frankford Avenue, in Philadelphia; and on June 24, 2014, Connelly robbed the Wells Fargo Bank, at 9101 Roosevelt Boulevard, in Philadelphia, and stole $830.
If convicted, the defendant faces a maximum possible sentence of 80 years of imprisonment.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Sarah L. Grieb.
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, 215-861-8525Palm Beach County Brothers and Company Sentenced in $4 Million “Cash Back” Food Stamp Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Dave Aronberg, State Attorney, Office of the State Attorney for Palm Beach County, Karen Citizen-Wilcox, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General (USDA-OIG), Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Ryan P. Lynch, Acting Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), announce that Ali Jaber, 52, and his brother, Hadi Jaber, 42, both of Greenacres, and Jaber Enterprises, Inc., doing business as Fajita’s Meat and Fish Market (Fajita’s), located in Palm Springs, were sentenced today before U.S. Judge Donald M. Middlebrooks. Ali and Habi Jaber were each sentenced to 70 months in prison, to be followed by three years of supervised release. Both defendants agreed to pay $4 million, jointly and severally, as restitution to the United States Department of Agriculture. The corporation, Jaber Enterprises, Inc., was sentenced to five years of organizational probation and $4 million in restitution.
All three defendants previously pled guilty to one count of conspiracy, in violation of Title 18, United States Code, Section 371. Defendants Ali and Hadi Jaber also each pled guilty to one count of bankruptcy fraud, in violation of Title 18, United States Code, Section 152, and one count of engaging in a monetary transaction in criminally derived property, in violation of Title 18, United States Code, Section 1957.
According to court documents, from October 2006 through their arrest in December 2013, Ali and Hadi Jaber operated a grocery store known as Fajita's. Fajita’s was an authorized retailer for the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. SNAP is a program that affords low and middle income households the opportunity to achieve a more nutritious diet by increasing their ability to purchase food. Eligible foods include any food or food product intended to be prepared and eaten at home, such as breads and cereals, fruits and vegetables, meat, fish and poultry, and dairy products. USDA rules specifically prohibit the exchange of SNAP benefits for cash. SNAP recipients collect their benefits through Electronic Benefit Transfer (EBT) cards which operate like debit cards. On a monthly basis, each EBT card is credited with a dollar amount to be used for the purchase of eligible food items.
Between October 2006, when they purchased Fajita’s, and their arrest in December 2013, Ali and Hadi Jaber unlawfully provided certain SNAP recipients cash in exchange for their SNAP benefits. The defendants charged a substantial fee to the SNAP recipient’s EBT card for the cash exchange. In some cases, the fee was as much as approximately 30% to 50% of the amount of the SNAP benefits redeemed.
From January 1, 2009 through April 30, 2013, over $6 million in SNAP proceeds were redeemed by Fajita's. The defendants admitted that between $2.8 and $6 million of the proceeds were fraudulent.
Defendants Ali and Hadi Jaber admitted to withdrawing over $1.8 million in cash from the scheme. In addition, Ali Jaber admitted wiring approximately $179,000 in fraud proceeds to an account in his name in Beirut, Lebanon, and over $400,000 in fraudulent proceeds was wired to various entities and individuals in Lebanon and Canada.
Hadi and Ali Jaber also admitted that approximately $220,000 from the Jaber Enterprises, Inc. accounts was used to purchase a single family home in Greenacres. Though titled in the name of Jaber Enterprises, Inc., the home was the residence of Hadi Jaber and his family.
Ali and Hadi Jaber also admitted to bankruptcy fraud. Ali Jaber admitted that he did not disclose his Beirut account in his bankruptcy filings, and defendant Hadi Jaber admitted he did not disclose his interest in Fajita’s in his filings.
Previously, defendant Daniel Velazquez, a/k/a Diego Antonio Simone, 33, of Greenacres, pled guilty to one count of theft of government funds, in violation of Title 18, United States Code, Section 641, and was sentenced to five months in prison. Velazquez was a long-time clerk at Fajita’s who participated in the fraud.
Mr. Ferrer commended the investigative efforts of USDA-OIG, IRS-CI, HHS-OIG and PBSO. This case was prosecuted by Assistant U.S. Attorneys Carolyn Bell and Adam McMichael.
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.
Owner and Administrator of Miami Home Health Companies Pleads Guilty for Role in $74 Million Health Care Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Leslie R. Caldwell, Assistant Attorney General, Criminal Division Department of Justice, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office and Ryan Lynch, Acting Special Agent in Charge, U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami announced that Elsa Ruiz, 45, of Miami pled guilty yesterday, for her participation in a $74 million Medicare fraud scheme, before U.S. District Judge Marcia G. Cooke to one count of conspiracy to commit health care fraud. Her sentencing is scheduled for October 8, 2014.
According to court documents, Ruiz was an owner of Professional Home Care Solutions Inc. (Professional Home Care) and an administrator of LTC Professional Consultants Inc. (LTC), Miami home health care agencies that purported to provide home health and therapy services to Medicare beneficiaries. Ruiz and her co-conspirators operated LTC and Professional Home Care for the purpose of billing the Medicare program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or were not provided.
Also according to court documents, Ruiz ran and oversaw the schemes operating out of LTC and Professional Home Care. Ruiz and co-conspirators paid kickbacks and bribes to patient recruiters, who provided patients to LTC and Professional Home Care, as well as prescriptions, plans of care (POCs) and certifications for medically unnecessary therapy and home health services for Medicare beneficiaries. Ruiz and her co-conspirators used these prescriptions, POCs and medical certifications to fraudulently bill the Medicare program for unnecessary home health care and therapy services.
From approximately January 2006 to June 2012, LTC and Professional Home Care submitted approximately $74 million in claims for home health care services that were not medically necessary and/or not provided, and Medicare paid approximately $45 million on those claims.
Mr. Ferrer commended the outstanding investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Assistant Chief Joseph S. Beemsterboer of the Department of Justice’s Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
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.
Operators of "Big Blue" Cock Fighting Pit in McDowell, Kentucky, Plead GuiltyRead the Press Release
ABINGDON, VIRGINIA – United States Attorney Timothy Heaphy and Virginia Attorney General Mark R. Herring announced that three individuals pled guilty in United States District Court for the Western District of Virginia in Abingdon, who previously had been arrested on warrants executed during a joint federal/state multi-agency operation in Virginia and Kentucky on May 3, 2014. United States District Judge James P. Jones accepted the guilty pleas of the following individuals:
Walter Dale Stumbo, 51, and his son, Joshua Dale Stumbo, 25, of Floyd County, Kentucky, (“Stumbos”) each pled guilty to one count of conspiring to (a) operate an illegal gambling enterprise and (b) illegally conduct cock fights; five counts of transporting fighting roosters across state lines; and five counts of transporting bird fighting knives across state lines. They pled guilty without the benefit of a plea agreement and face up to fifty-years in prison and a fine of up to $2.75 million. Joshua Dale Stumbo is scheduled to be sentenced on October 14, 2014. Walter Dale Stumbo is scheduled to be sentenced on October 9, 2014.
Jonathan Robinson, 33, of Wise County, Virginia, pled guilty to one count of conspiring to (a) operate an illegal gambling enterprise and (b) illegally conduct cock fights; one count of transporting fighting roosters across state lines; one count of transporting bird fighting knives across state lines; and one count of illegally distributing oxycodone. He pled guilty pursuant to a plea agreement and faces up to 35 years in prison and a fine of up to $1.75 million. He is scheduled to be sentenced on October 8, 2014.
Wesley Dean Robinson, 57, of Wise County, Virginia, and father of Jonathan Robinson previously pled guilty on June 16, 2014, to to one count of conspiring to (a) operate an illegal gambling enterprise and (b) illegally conduct cock fights; one count of transporting fighting roosters across state lines; one count of transporting bird fighting knives across state lines; and one count of illegally distributing oxycodone. He also pled guilty pursuant to a plea agreement and faces up to 15 years in prison and a fine of up to $750,000. He is scheduled to be sentenced on August 27, 2014.
United States Attorney Heaphy praised the law enforcement officers who conducted the undercover operation. “The cruel and inhumane practice of cockfighting has no place in a civilized society and is against federal law. The outstanding work of the state and federal agents who investigated this case made it possible to bring these operators of a major cockfighting pit to justice. We will vigorously investigate and prosecute individuals who attend, facilitate, or profit from the misery inflicted on animals during these barbaric fights.”
The successful prosecution was the result of a joint undercover operation by Virginia and federal authorities. Evidence proffered to the court today showed that the Stumbos, Robinsons and others conspired to have cock fights at the Big Blue Sportsmen’s Club “Big Blue” in McDowell, Kentucky, and organized a large scale and comprehensive cock fighting location at Big Blue, which included collecting “parking” fees from spectators, entrance fees from handlers and offering for sale such services as antibiotics for fighting birds, a full-service restaurant for spectators, and fighting gaffes for fighting cocks. The Robinsons transported birds and fighting gaffes from Wise County, Virginia, to Big Blue. On fight weekends at Big Blue, spectators and handlers traveled from Virginia, North Carolina, South Carolina, Michigan, Ohio, West Virginia, Maryland, Georgia and other states. Spectators and participants were only allowed entry if they held a valid membership card. Each person was charged a one-time fee of $20 for the membership card. In addition, each person was charged a $20 “parking fee.” Big Blue had approximately 5,000 members. Entrance fees for the fights at Big Blue typically were $250 per entry with approximately 40 to 80 total entries per derby. Investigators executed search warrants on May 3, 2013, the second day of a two day derby billed as the “World Championship.” Entrance fees for the “World Championship” were $2,500. Officers seized over $90,000 in cash at the Stumbos’ home. While fights were taking place and after spectators had arrived, Dale Stumbo caused a bulldozer to be placed on the entrance road to the pit. The bulldozer remained in place until the fights concluded.
The trial of Sonya Stumbo, 51, of Floyd County, Kentucky, is scheduled to begin August 4, 2014, in United States District Court in Abingdon. Ms. Stumbo is entitled to a fair trial and is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney and Virginia Assistant Attorney General Michelle Welch are prosecuting case on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office. In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.
Nicolls Fire Investigation Leads to Charges for Marijuana CultivatorRead the Press Release
FRESNO, Calif. — A federal grand jury returned a five-count indictment today against Edgardo Fournier, aka Edgardo Fournier-Nigaglioni, 45, of Perris, charging him with conspiring to manufacture, distribute, and possess with intent to distribute marijuana, manufacturing marijuana, possessing marijuana with intent to distribute, damaging public land and natural resources, and setting timber afire, announced United States Attorney Benjamin B. Wagner and Forest Service Special Agent in Charge of the Pacific Southwest Region Scott Harris.
According to court documents, on July 11, 2014, Fournier was involved in the cultivation of 2,090 of marijuana plants in the Smith Canyon area of the Sequoia National Forest. He started several fires while leaving the marijuana cultivation site. The fire, which became known as the Nicolls Fire, was located in the Scodie Mountains, within the federally designated Kiavah Wilderness Area. The fire damaged about 1,680 acres of public land and will cost taxpayers millions of dollars.
When Forest Service agents went to the cultivation site, they eradicated 2,090 marijuana plants and seized rounds of ammunition. The marijuana cultivation operation caused significant damage to the land and natural resources of the forest.
This case was the product of an investigation by the U.S. Forest Service, United States Bureau of Land Management, and Kern County Sheriff’s Office. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Fournier is in custody as a flight risk and danger to the community and is scheduled for arraignment on July 28, 2014.
If convicted of the drug offenses, Fournier faces a statutory penalty of 10 years to life in prison and a $10 million fine. For damaging public lands and resources, Fournier faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. For causing the Nicolls Fire, Fournier faces a maximum statutory penalty of five years in prison and a fine of $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Newport News Man Sentenced for Participating in Drug ConspiracyRead the Press Release
NEWPORT NEWS, Va. – Salvatore Lopiccolo, age 35 of Newport News, Virginia, was sentenced today to 57 months in prison and three years of supervised release for his participation in a drug conspiracy.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
Lopiccolo was indicted by a federal grand jury on November 14, 2013, and on April 21, 2014, he pleaded guilty to conspiracy to distribute analogues, cocaine, cocaine base, methylone, marijuana, psilocybin and drug paraphernalia.
In a statement of facts filed with his plea agreement, the defendant admitted he conspired with others to distribute and possess with intent to distribute a variety of drugs and drug analogues from Bonsai Pipe and Tobacco. Multiple controlled purchases of cocaine, crack cocaine, marijuana, methylone, psilocybin, drug analogues and drug paraphernalia were made from Bonsai, the defendant, and Bonsai employees.
This case was investigated by Homeland Security Investigations, the Internal Revenue Service – Criminal Investigations, the U.S. Postal Inspection Service, the Virginia State Police Tri-Rivers and Peninsula Task Forces the U.S. Air Force Office of Special Investigations and the York-Poquoson County Sheriff’s Office. Assistant U.S. Attorney Eric M. Hurt is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Navajo Man Sentenced to 59 Years in Prison for MurderRead the Press Release
PHOENIX – On July 22, 2014, Branden Pete, 28, of Greasewood, Ariz., was sentenced by Senior U.S. District Judge Stephen M. McNameeto 708 months (59 years) in prison. Pete was found guilty by a federal jury on Oct. 31, 2005 of murder in the second degree; murder during the commission of the crime of kidnaping; murder during the commission of the crime of aggravated sexual abuse and conspiracy to commit first degree murder.
The evidence at trial showed that on May 18, 2002, Branden Pete, Irvin Cepi, Harris James and Hoskie James, all members of the Navajo Nation, picked up the victim on the Navajo Reservation and drove her to a remote location where she was forcibly raped by then 16 year-old Branden Pete, Irvin Cepi, Harris James and Hoskie James. The victim was then driven to another remote location where she sustained fatal injuries to her head at the hands of both Irvin Cepi and Branden Pete.
Her body was not discovered until Aug. 26, 2002. An anonymous tip led authorities to these four who all confessed their involvement.
The defendant was originally sentenced to mandatory life imprisonment on April 17, 2006. However, in 2012 the United States Supreme Court in Miller v. Alabama, decided that juveniles should not face mandatory life sentences and that the courts should consider the infirmities of youth in determining their level of culpability. The defendant presented evidence of a dysfunctional upbringing and significant substance abuse issues. The Court took these into account but was shocked by the actions of the defendant in taking the life of another in such a brutal fashion. The court also noted that Pete had accumulated a significant number of disciplinary problems while serving his sentence in the Bureau of Prisons. Ultimately, the Judge decided against re-imposing a sentence of life imprisonment but rather selected the 708-month sentence stating that he did so both to punish the defendant for the crimes he committed and to protect the community. The defendant will receive credit for the nearly 12 years he has already served in prison.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement. The prosecution was handled by Vincent Q. Kirby, Assistant U.S. Attorney, District of Arizona, Phoenix, Ariz.
CASE NUMBER: CR-03-0035-PCT-SMM
RELEASE NUMBER: 2014-040_PeteFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Morgantown Residents Indicted for Theft of Government MoniesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Two Morgantown, West Virginia, residents have been indicted by a Federal Grand Jury on charges of theft of government monies.
U.S. Attorney William J. Ihlenfeld, II, announced that Carl J. Gaul, age 40 and Shawn E. Ratliff, age 35 of Morgantown were named in a two-count Indictment charging them with conspiracy to commit embezzlement, theft and conversion of government funds and one count of embezzlement, theft and conversion of government funds. The Indictment charges that from May 1, 2013, to November 30, 2013, in Preston and Monongalia Counties, Gaul and Ratliff conspired to embezzle government monies by causing multiple credit card transactions using monies of the United States Department of Justice, Federal Bureau of Prisons. Gaul and Ratliff caused to be made purchases in the amount of $13,084.58, utilizing a government-issued credit card to purchase items for their own use and benefit.
The U.S. Attorney’s Office is seeking to forfeit One Sanyo 42” LED TV; Two JBL Onbeat Awake devices; Two IHOME devices; Three Bose SoundLink systems; Two Beats by Dre Beat Box devices; One JBL Flip device and a $13,084.58 money judgment which constitutes proceeds from the illegal activity.
If convicted, Gaul and Ratfliff face up to 5 years in prison on the conspiracy charge and 10 years in prison on the embezzlement charge. This case will be prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and was investigated by the United States Departemnt of Justice Office of Inspector General.
In other matters considered by the Grand Jury, Ihlenfeld announced that Joseph Garrett, age 50, of Haywood, West Virginia, was named in a two-count Indictment charging him with being a felon in possession of a firearm and possession of an unregistered firearm. If convicted, Garrett faces up to 10 years in prison on each count. This case will be prosecuted by Assistant U.S. Attorney Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty.
Mission Man Indicted for Assault and Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm and Ammunition by a Prohibited Person, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Using and Carrying a Firearm during and in Relation to a Crime of Violence.
Vernon Robert Schmidt, a/k/a Sonny Bob Schmidt, age 28, was indicted on July 15, 2014. He appeared before U.S. Magistrate Mark A. Moreno on July 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 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 26, 2014, in Todd County, Schmidt assaulted two victims with a dangerous weapon, that is, a 9mm pistol, and the assault resulted in serious bodily injury to one of the victims. At the time of the assault, Schmidt, having previously been convicted of a crime punishable for a term of imprisonment exceeding one year, knowingly possessed a firearm and ammunition, and did so during and in relation to a crime of violence.
The charge is merely an accusation and Schmidt is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Schmidt was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Sentenced to 8 Years for Fraud and Identity TheftRead the Press Release
Orlando, Florida – Senior U.S. District Judge John Antoon II today sentenced Ahmed Jibrell (37, St. Paul, Minnesota) to 8 years in federal prison for credit card fraud and identity theft. Jibrell is the seventeenth individual sentenced for his involvement in a nationwide conspiracy in which credit card numbers stolen from U.S. companies by international computer hackers were sold and used fraudulently in the United States.
Since August 2011, Judge Antoon has sentenced the following sixteen others for their participation in this credit card fraud conspiracy:
- Ruel Brown (37, South Carolina) was sentenced to 14 years and 4 months in prison.
- Troy Henry (37, Florida) was sentenced to 13 years and 4 months in prison.
- Chad Warner (31, Florida) was sentenced to 11 years and 3 months in prison.
- Randall Rodgers (32, California) was sentenced to 10 years and 1 month in prison.
- Gary Washington (33, Florida) was sentenced to 8 years and 9 months in prison.
- Derrick Dean (48, New York) was sentenced to 7 years in prison.
- Victor Lindsey (23, New Jersey) was sentenced to 5 years in prison.
- Erica Roberson (23, Florida) was sentenced to 5 years in prison.
- Nancy Major (21, Florida) was sentenced to 5 years in prison.
- Stacie Glapion (29, Florida) was sentenced to 3 years and 10 months in prison.
- Jenna Larson (22, Florida) was sentenced to 3 years and 2 months in prison.
- Ceaundra Thomas (21, Orlando) was sentenced to 3 years and 2 months in prison.
- Olivia Embry (25, Tennessee) was sentenced to 2 years and 10 months in prison.
- Cassandra Navarro (22, Florida) was sentenced to 2 years and 10 months in prison.
- Paige Savant (20, Florida) was sentenced to 2 years and 6 months in prison.
- Brandy Cannon (21, Florida) was sentenced to 2 years in prison.
According to court documents, the fraud and identity theft in this case was discovered when agents learned that the computer servers of a hotel in San Diego, California had been compromised, or "hacked," and thousands of credit card numbers and related identification information had been stolen. Agents later learned that the stolen credit card numbers were being used at retail stores throughout Central Florida and elsewhere in the United States. The conspirators in Central Florida, California, Minnesota, South Carolina, New York, New Jersey, and elsewhere in the United States, purchased stolen credit card information over the Internet from a conspirator based in the country of Azerbaijan, where the conspirators sent international wire transfers to pay for the stolen credit card information. Once the conspirators purchased the stolen credit card information, they used device-making equipment, such as re-encoding machines and computer software, to re-encode blank gift cards with the stolen credit card information. The conspirators then used the re-encoded gift cards at retail stores to purchase actual gift cards and other merchandise.
Each individual sentenced had a particular role in the conspiracy, from leaders, such as Chad Warner and Randall Rodgers, to the persons who entered the retail stores and used the counterfeit credit cards, such as Nancy Major. Ahmed Jibrell both created the re-encoded cards and also served as a sort of travel service for many of the other conspirators, using stolen credit card and identification information to book airfare and hotels for the conspirators and allowing them to travel throughout the United States.
"The sentencing of Ahmed Jibrell is is yet another example of how the Secret Service continues to successfully combat credit card theft and identity crimes,” said Special Agent in Charge of the U.S. Secret Service Orlando Field Office Dennis Ramos Martinez. “The Secret Service utilized state-of-the-art investigative techniques to dismantle this criminal network. Our success in this case and other similar investigations is a result of the extraordinary work of our investigators and our close work with our network of law enforcement partners.”
This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Daniel C. Irick.
Memphis Man Sentenced to 12 Years for Distributing Child PornographyRead the Press Release
Memphis, TN – Kevin Davis, age 24, of Memphis, Tenn., was sentenced to 151 months in federal prison today following his guilty plea to one count of distribution of child pornography, announced U.S. Attorney Edward L. Stanton III.
In December 2012, agents working undercover identified a computer in the Memphis area that had child pornography images available for downloading. The children depicted in the images were being sexually assaulted or otherwise engaging in sexually explicit conduct. Further investigation revealed that the computer belonged to Kevin Davis of Memphis. Davis admitted that he had been using a peer-to-peer file-sharing program to make the illicit images available to others.
In addition to the prison sentence, U.S. District Judge Samuel H. Mays ordered Davis to serve five years of supervised release, forfeit all computers and media containing alleged child pornography, and pay $2,400 in restitution to identified victims whose images were among those Davis made available to others. There is no parole in the federal prison system.
This case was investigated by the Memphis Child Exploitation Task Force; Federal Bureau of Investigation; Homeland Security Investigations; Memphis Police Department; Shelby County Sheriff’s Office; U.S. Marshal’s Service, U.S. Secret Service; and the U.S. Postal Inspectors. Assistant U.S. Attorney Debra Ireland represented the government.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative of 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, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab “resources.”Memphis Man Convicted on Series of Robberies Receives 153 Years in Federal PrisonRead the Press Release
Memphis, TN – Ronnie Jackson, Jr., 29, of Memphis, TN, was sentenced to a prison sentence of 1846 months, or 153 years and 10 months, following his conviction on March 13, 2014, by a federal jury on 12 counts related to a series of business robberies in and around Shelby County, announced Edward L. Stanton III, United States Attorney for the Western District of Tennessee.
According the facts presented in the indictment and revealed in open court, Jackson and his accomplices robbed three Dollar General Stores, a Family Dollar Store, and two Walgreens drug stores in April and May of 2012. During the last robbery, Jackson and a female accomplice went into the Walgreens at 824 West Poplar Street, Collierville, TN, to case the store. After Jackson and his female accomplice returned to their getaway vehicle, two male accomplices entered the store, forcing approximately 14 customers and five employees to the floor at gunpoint. They ordered the manager to open the safe and took more than $6,000.
One of the victims of the robbery managed to dial 911, and Collierville Police converged on the scene, arriving in time to witness one of the male accomplices attempting to enter the getaway vehicle. Jackson and his female accomplice were taken into custody and the male accomplices were apprehended after a brief foot pursuit.
Jackson was convicted on six counts of robbing a business engaged in interstate commerce (also known as “Hobbs Act” robberies), and six counts of using a firearm during a crime of violence.
In addition to the prison sentence, United States District Judge S. Thomas Anderson ordered Jackson to serve three years of supervised release. There is no parole in the federal prison system.
This case was investigated by the Safe Streets Task Force, specifically by the Federal Bureau of Investigation, the Memphis Police Department, and the Collierville Police Department. Assistant U.S. Attorney David Pritchard and Special Assistant U.S. Attorney Bo Summers represented the government .Manhattan U.S. Attorney Files Civil Injunction Lawsuit Against New York Sub-Contracting Company to Enforce Federal Tax LawsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States filed a civil injunction complaint in Manhattan federal court alleging that MEDWAY CONSTRUCTION INC. (“MEDWAY”), a construction sub-contracting company, has for years failed to comply with its tax obligations and has interfered with the enforcement of the internal revenue laws.
According to the allegations in the Complaint filed in Manhattan federal court:
MEDWAY has, since at least 2003, engaged in a pattern and practice of ignoring its federal tax obligations to the detriment of the U.S. Treasury. In particular, MEDWAY has incurred more than $1 million in unpaid federal tax liabilities, and has accumulated these liabilities on an ongoing basis since 2003. If left unaddressed, MEDWAY will continue its years-long pattern of failing to pay its taxes. The Complaint seeks to bar MEDWAY from failing to pay future tax liabilities on a timely basis, require it to comply with the internal revenue laws, and become current with all outstanding tax liabilities.
Simultaneously with the filing of the Complaint, the United States filed an Order to Show Cause seeking to temporarily enjoin MEDWAY from continuing to violate or interfere with the enforcement of the internal revenue laws.
Mr. Bharara thanked the Internal Revenue Service for its assistance in the case.
The case is being handled by the Office’s Tax and Bankruptcy Unit. Assistant U.S. Attorney James Nicholas Boeving is in charge of the case.
U.S. v. Medway Construction, Inc. complaint
Man Who Allegedly Escaped from Prison in 1973 Charged with Social Security Fraud, Identity Theft, and Unlawful Possession of A FirearmRead the Press Release
Ronald Dwaine Carnes, 69, from Waterloo, Iowa, has been charged with four counts of Social Security fraud, two counts of identity theft, and one count of being a felon and fugitive from justice in possession of a firearm. The charges are contained in an Indictment filed on July 22, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that Carnes was convicted of Robbery with Firearms in North Carolina in November 1970. He allegedly escaped from prison on or about August 4, 1973. Following his alleged escape, Carnes allegedly lived under the identities of two different persons to avoid detection by law enforcement. Carnes also allegedly used the two identities to collect Social Security benefits and to apply for Iowa drivers’ licenses. During an April 14, 2014, search of Carnes’ residence in Waterloo, Iowa, law enforcement agents allegedly found certified copies of birth certificates for both identities as well as a handgun and ammunition.If convicted on all charges Carnes faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of thirty-four years’ imprisonment, as well as a fine, $700 in special assessments, and supervised release following any imprisonment.
Carnes appeared today in federal court in Cedar Rapids and was held without bond. Carnes’ next appearance for a status hearing is set for August 27, 2014. Trial is set for September 22, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Social Security Administration, Office of the Inspector General, Office of Investigations, the Waterloo Police Department, and the Iowa Department of Transportation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2033.
Lower Brule Man Charged with Robbery of MailRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Robbery of Mail.
Elmer LaRoche, age 27, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 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 27, 2014, LaRoche assaulted a U.S. postal employee who has lawful charge, custody and control of United States mail and other property of the United States, with intent to rob mail and other property. In doing so, LaRoche put the life of the employee in jeopardy by the use of a dangerous weapon.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lake Charles Woman Pleads Guilty to Stealing More Than $250,000 from Her EmployerRead the Press Release
LAKE CHARLES, La. –A Lake Charles woman pleaded guilty to stealing more than a quarter of a million dollars from her employer, U.S. Attorney Stephanie A. Finley announced today.
Kristen Brady, 47, of Lake Charles, pleaded guilty before U.S. District Judge Patricia Minaldi to one count of bank fraud. According to the evidence presented at the guilty plea, Brady worked for a Lake Charles rental company as a bookkeeper for 12 years before her employment was terminated in November 2013. It was later discovered that she had forged authorizing signatures on more than 200 checks to her benefit in the company’s name, and in the process, received $255,324.04 of which she was not entitled.
“Criminals should know that we will prosecute those who steal from local businesses,” Finley stated. “Brady now will face the consequences of her actions.”
Brady faces a maximum penalty of 30 years in prison, five years of supervised release, restitution and a $1 million fine. A sentencing date of October 30, 2014 was set.
The U.S. Secret Service and the Lake Charles Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Howard C. Parker is prosecuting the case.
Justice Department Issues Joint Statement of Principles with City of Albuquerque, New Mexico, to Reform Albuquerque Police DepartmentRead the Press Release
The Justice Department today announced it has signed a joint statement of principles with the city of Albuquerque, New Mexico, that reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD). The joint statement of principles publicly specifies the measures that the department and the city are undertaking in order to resolve the findings resulting from the department’s investigation into use of force by APD. On April 10, 2014, following an extensive investigation, the department found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.
Following the release of the findings letter the department and the city each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD. Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members. The department has held dozens of meetings and met with hundreds of people across the city. Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement. The department is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.
“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department," said Attorney General Eric Holder. "The residents of Albuquerque depend on their police department to serve their community with honor and integrity. In the overwhelming majority of cases, our dedicated local law enforcement officials – who put their lives on the line every day— do just that. But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country. As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers - while providing the model of professionalism and fairness that all Americans deserve.”
“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”
“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are thankful to everyone who has spoken to us. The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”
The department and city have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform. Specifically, the joint statement of principles announces that the department and the city expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight. The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor.
During the negotiation process, the department remains interested in obtaining recommendations and information related to reforms from the public. The department continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD community email address.
The department’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office for the District of New Mexico website and at the department website . For more information about the Civil Rights Division, please visit the division website .
Justice Department Issues Joint Statement of Principles with City of Albuquerque, New Mexico, to Reform Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD). The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD. On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.
Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD. Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members. DOJ has held dozens of meetings and met with hundreds of people across the city. Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement. DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.
“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder. “The residents of Albuquerque depend on their police department to serve their community with honor and integrity. In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that. But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country. As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”
“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”
“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are thankful to everyone who has spoken to us. The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”
DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform. Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight. The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor. A copy of the complete joint statement of principles is attached.
During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public. DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address: [email protected].
DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php. For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.
Justice Department Issues Joint Statement of Principles with City of Albuquerque, New Mexico, to Reform Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD). The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD. On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.
Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD. Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members. DOJ has held dozens of meetings and met with hundreds of people across the city. Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement. DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.
“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder. “The residents of Albuquerque depend on their police department to serve their community with honor and integrity. In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that. But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country. As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”
“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”
“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are thankful to everyone who has spoken to us. The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”
DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform. Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight. The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor. A copy of the complete joint statement of principles is attached.
During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public. DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address: [email protected].
DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php. For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.
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Jury Finds Sacramento Man Guilty of Conspiracy and Money Laundering in Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — After a six–day trial in a mortgage fraud case, a federal jury found Leonard E. Williams, 52, of Sacramento, guilty today of conspiracy to commit mail and wire fraud and two counts of money laundering, United States Attorney Benjamin B. Wagner announced. The trial was held before United States District Judge William B. Shubb.
According to evidence presented at trial, from late 2006 into 2008, Williams conspired with others to carry out a mortgage fraud scheme in the Chico and Sacramento areas using his companies Diamond Hill Financial and Bay Area Real Estate Holdings. The scheme resulted in the issuance of more than $2 million in home loans, with most of the buyers ultimately defaulting.
To carry out the scheme, Williams and his partner Joshua Clymer recruited underqualified buyers, including family and friends, to purchase homes with promises of cash back, no money down, and illusory equity in the homes. Williams and his co-conspirators assisted these home buyers in securing loans with fraudulent loan applications that contained lies about the buyers’ employment, income, assets, and intent to occupy the homes as a primary residence. In most cases, at Williams’ suggestion and encouragement, the loan applications falsely stated that the buyers worked at Diamond Hill Financial, and Williams himself maintained the charade by confirming this false information when lenders called to verify it.
The loan applications also listed false assets and were accompanied by various forged documents, including altered bank statements, fake W-2s, fake paystubs, and false gift letters and affidavits. Williams and his coconspirators also misled lenders about the true purchase price of the homes by fraudulently indicating down payments were made when in fact they were not, and giving cash back to buyers outside of escrow, without disclosing these facts to the lenders. These lies had the effect of increasing the amount of the loans to the buyers, which in turn increased the profits of the fraud to Williams, Clymer, and others. The profit to Williams and Clymer varied from $5,000 to over $30,000 per transaction, with the two of them often splitting the proceeds.
“Fraud like that committed by Williams and his co-conspirators was an unnecessary contributor to the financial crisis that had such a serious impact on our country, and our communities in Northern California in particular,” said United States Attorney Wagner. “Even though the flood of foreclosures resulting from that crisis has started to subside, this conviction is evidence of the continuing commitment by my office and our federal and local law enforcement partners to hold accountable those who sought to profit by engaging in mortgage fraud.”
“Victims of mortgage fraud may include the banks that loan the money, but also include all homeowners and would-be homeowners who end up paying for this type of fraud,” said José M. Martínez, Special Agent in Charge, IRS-Criminal Investigation. “IRS-CI is committed to pursuing those who line their pockets with profits from these schemes.”
Judge Shubb remanded Williams into custody pending sentencing. Prior to trial, co-defendant Joshua Clymer pleaded guilty to conspiracy to commit mail and wire fraud and awaits sentencing.
This case is the product of an investigation by the Federal Bureau of Investigation, Internal Revenue Service, Criminal Investigations, and the Butte County District Attorney’s Office’s Major Crimes Unit. Williams is the last of 14 defendants who have been convicted of mortgage fraud offenses in connection with this and related cases. Others who already been convicted and sentenced include William E. Baker, Shane Burreson, Christopher M. Chiavola, Carlos Chamorro, Eric Clawson, Niche Fortune, Garret Gililland, Kesha Haynie, Remy Heng, Nicole Magpusao, Brandon Resendez, and Anthony Symmes. Twelve of the defendants pleaded guilty. Juries have convicted the two defendants who went to trial, Williams and Haynie. Assistant United States Attorneys Christopher S. Hales and Audrey B. Hemesath are prosecuting the case.
Williams is scheduled to be sentenced by Judge Shubb on October 27, 2014. Williams faces a maximum statutory penalty of 20 years in prison for conspiracy to commit mail and wire fraud, and 10 years in prison and a $250,000 fine for each count of money laundering. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
July Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 25 indictments charging 27 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Filimon Abarca-Gallardo, age 33, of Ralston, Nebraska, is charged with illegal reentry into the United States on or about July 16, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Carlos Barrios-Perez, age 41, of Omaha, is charged with illegal reentry into the United States on or about June 11, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Eric-Arnaud Benjamin Briere De L’Isle, age 32, of Atlanta, Georgia, is charged with intent to defraud and possession of 15 or more counterfeit and unauthorized access devices on or about June 20, 2014. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* James M. Brunzo, Jr., age 48, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about June 23, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Adam M. Crom, age 28, of Bellevue, Nebraska, is charged with distribution of 5 grams or more of methamphetamine on or about July 1, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Melissa S. Edwards, age 41, of Sioux City, Iowa, is charged with theft of government money and property. The defendant allegedly converted to her own use more than $150,000 of currency and property from the Department of Housing and Urban Development. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Amancio Estrada-Martias, age 48, is charged with illegal reentry into the United States on or about June 25, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose Angel Felix Gurrola, age 34, is charged with possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about July 2, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Jerrell D. Jackson, age 25; of Omaha, is charged with being a felon in possession of a firearm on or about March 28, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Mario Alberto Jimenez-Becerril , age 49, is charged with illegal reentry into the United States on or about July 3, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Breidi Josue, also known as Breidi Gonzalez-Canaca, age 27, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with misuse of a Social Security Number on or about July 27, 2012. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges that on or about July 27, 2012, Josue misused a Social Security Card and a State of Nebraska non driver’s License, knowing that said documents were not issued lawfully for his use. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III of the Indictment alleges on or about July 27, 2012, the defendant made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* James C. Lebo, age 45, of Lincoln, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography from at least on or about December 1, 2013, to on or about June 18, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment. Lebo is charged in Count II with possession of child pornography from on or about June 8, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.
* Juan Reynaldo Medina-Parra, also known as Eliseo Medina-Garcia, age 37, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine and a mixture or substance containing a detectable amount of heroin from an unknown date but at least as early as May 2012, and continuing to in or about October 2012. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Medina-Parra with money laundering from an unknown date but at least as early as May 2012, and continuing to in or about October 2012. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Pedro Mejia-Guardado, age 30, of Omaha, is charged with illegal reentry into the United States on or about June 13, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Victor Pascual-Villa, age 27; Jose Erives-Rios, age 24; and Amber Hughes, age 32 are charged in a two-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine beginning on or about July 1, 2013, and continuing to on or about June 4, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment alleges that on or about June 4, 2014, Pascual-Villa possessed a North American Arms Guardian .380 firearm, during and in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty is imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, or property used to facilitate the violation, including but not limited to $9,045.00 in United States currency should be forfeited to the United States.
* Froilan Penaloza-Gutierres, also known as Horacio Lozano-Gutierrez, age 31, of Omaha, is charged with illegal reentry into the United States on or about July 3, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Cesar Reyes-Garcia, age 25, of Omaha, is charged with illegal reentry into the United States on or about July 15, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* David Roberts, age, 41, of Omaha, is charged with ten counts of wire fraud from at least June, 2011, and continuing through at least February, 2012. It is alleged that Roberts fraudulently received checks purported to be payments for purchases for services and products, in the approximate amount of $91,669.81 The maximum possible penalty for each of these counts if convicted is 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.* Salvador Sanchez-Barron, age 28, of Lincoln, is charged with illegal reentry into the United States on or about December 16, 2013, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Paul M. Tegeler, age 67, of Lexington, Nebraska, is charged with coercion and online enticement of a minor on or about April 23, 2014, and continuing until May 3, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.
* Luciano Tobar-Tobar, age 42, of Omaha, is charged with illegal reentry into the United States on or about July 15, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Randall W. Toothaker, age 57, of Lincoln, is charged with theft of Government property from the United States Department of Veteran Affairs on July 26, 2013. The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release and a $100 special assessment.
* Bernard Randolph Turner, Jr., is charged with being a felon in possession of a firearm on or about June 13, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Francisco Vasquez-Chavez, age 43, of Fremont, Nebraska, is charged with illegal reentry into the United States on or about July 10, 2014, following deportation as a felon. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.
* Hugo Vicente-Vicente, age 29, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about August 17, 2013, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.Jicarilla Apache Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Robert Yazzie, Jr., 48, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a federal assault charge arising out of a violent attack on his intimate partner.
Yazzie was arrested on May 27, 2014, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Yazzie assaulted the victim on May 17, 2013, and caused her to suffer serious bodily injury.
During today’s proceedings, Yazzie pled guilty to the indictment and admitted assaulting his intimate partner by hitting her in the face and head multiple times with a closed fist. Yazzie acknowledged that as a result, the victim sustained bilateral nasal bone fractures and hematomas to the head and face. The assault occurred within the Jicarilla Apache Nation.
Yazzie has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Yazzie faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Jicarilla Apache Tribe Police Department and is being prosecuted by Special Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jayne Concialdi Pleads Guilty to White River Junction EmbezzlementRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Jayne Concialdi, 51, a former resident of Quechee who now lives in Connecticut, pleaded guilty today in United States District Court in Burlington to a charge of wire fraud. U.S. District Judge William K. Sessions III released Concialdi on conditions pending sentencing, which is set for December 1.
On June 19, 2014, the United States filed a one-count information charging Concialdi with wire fraud. Today, Concialdi pled guilty to the information. According to the information, Concialdi was employed as an administrative assistant to the treasurer of New England Research, Inc., a company in White River which specializes in the measurement and interpretation of rock properties for the energy industry. Concialdi had bookkeeping responsibilities. Between 2011 and early 2014, Concialdi misappropriated about $125,000 from her employer, primarily by using company funds to pay her personal credit card obligations. The defendant also misused company credit cards to make purchases for her own benefit. NERI uncovered the embezzlement this past February.
Concialdi faces up to 20 years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to federal sentencing guidelines.
This case was investigated by the Hartford Police Department and the Federal Bureau of Investigation.
Concialdi is represented by Jordana Levine. The prosecutor is Assistant U.S. Attorney Gregory WaplesJamesville Man Enters Guilty Plea to Conspiracy to Commit Bank FraudRead the Press Release
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York announces that DAVID PIZIO (58, of Jamesville, NY) entered a guilty plea in U.S. District Court to the felony offense of conspiracy to commit bank fraud. The defendant is facing a statutory maximum of 30 years imprisonment and a maximum fine of $1,000,000.00. PIZIO is scheduled to be sentenced on December 5, 2014, before the Honorable David N. Hurd in Utica, NY.
During the plea hearing on July 24, 2014, PIZIO admitted he was one of the owners of Syracuse Suburban Airport, LLC (“SSA”). In 2004, SSA purchased a 93 acre reliever airport site in Hastings, New York for $350,000.00. Between 2004 and 2009, SSA received five Federal Aviation Administration (“FAA”) grants totaling approximately $2,973,621.00 to be used for planning and development at the reliever airport in Hastings.
On April 29, 2005, SSA obtained a line of credit from First Niagara Bank in the amount of $650,000.00. The line of credit agreement stated that the loan proceeds were to be used by SSA only for airport expenditures reimbursable by the FAA through the grants. The line of credit agreement specifically listed DAVID PIZIO as one of the persons authorized to make requests for loans under the line of credit. PIZIO was authorized to sign for all bank accounts bearing the name of SSA, including the First Niagara line of credit.
$125,000.00 to a Texas real estate project
On December 13, 2005, PIZIO submitted an invoice to First Niagara Bank for the release of loan proceeds in the amount of $125,000.00 for the purchase of airport equipment. On that same day, First Niagara Bank transferred $125,000.00 into SSA’s checking account at First Niagara Bank. PIZIO never intended to use the $125,000.00 to purchase airport equipment. Instead, PIZIO invested the $125,000.00 in a Texas real estate project without the knowledge or consent of First Niagara Bank.
$97,604.00 to the Upstate New York Bean Company
In 2006, PIZIO opened an investment brokerage account in the name of Gildner Road Associates (“GRA”). GRA was a corporation owned by PIZIO. Thereafter, PIZIO submitted an invoice to First Niagara Bank for the release of funds in the amount of $97,604.00 for the purchase of airport equipment. On that same day, First Niagara Bank transferred $97,604.00 into SSA’s checking account at First Niagara Bank. PIZIO never intended to use the $97,604.00 to purchase airport equipment. Instead, PIZIO transferred $96,000.00 from the GRA checking account to the investment account without the knowledge or consent of First Niagara Bank. In June of 2006, PIZIO transferred the money to the Upstate New York Bean Company. In 2006, PIZIO was affiliated with the Upstate New York Bean Company located in Marcellus, New York. In June 2006, PIZIO received First Niagara Bank loan proceeds in the form of checks from the Upstate New York Bean Company. The Upstate New York Bean Company is currently out of business.
This prosecution resulted from an investigation conducted by the U.S. Department of Transportation-Office of Inspector General, and the Federal Bureau of Investigations. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at (315-448-0672).
Investigation Results in 7 Indicted in North Louisiana Cocaine ConspiracyRead the Press Release
SHREVEPORT, La. –A two-year-long undercover investigation has resulted in the seizure of more than $517,000 in cash and seven people being charged for conspiracy to distribute cocaine, firearm violations, and other related drug charges in parishes across north Louisiana, U.S. Attorney Stephanie A. Finley announced today.
A grand jury delivered a 24-count indictment Wednesday against Quincy D. Hoover, 39, and Quwanda L. Forest, 35, both of Natchez, La.; Jesse C. Thomas, 30 of Haynesville, La.; Rodney J. Raymond, 35, of Natchitoches, La.; Shannon D. Jenkins, 34, and Carlos C. Jenkins, 36 both of Ruston, La, and another individual who is at large.
From June 2012 to July 2014, the defendants conspired to distribute cocaine throughout Lincoln, Claiborne, Natchitoches, Sabine, DeSoto, Bossier and Caddo parishes with the source cities for the cocaine being Houston and Dallas. Controlled purchases by law enforcement of cocaine powder and crack cocaine were made from several dealers during the investigation. Federal and local law enforcement officials arrested five of the defendants on July 1, 2014 in the northwest Louisiana area, in which more than a half a million dollars in cash, firearms, 16 pounds of marijuana and other items were seized.
The defendants were arrested as part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation code named “Pit Stop.” The Drug Enforcement Administration (DEA), U.S. Marshals Service, U.S. Immigrations and Customs Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisiana State Police, Lincoln Parish Sheriff’s Office, Ruston Police Department, Claiborne Parish Sheriff’s Office, Natchitoches Parish Sheriff’s Office, Natchitoches Police Department, Sabine Parish Sheriff’s Office, DeSoto Parish Sheriff’s Office, Bossier Parish Sheriff’s Office, Bossier City Police Department, Shreveport Police Department, Caddo Parish Sheriff’s Office, all participated in this OCDETF operation. Assistant U.S. Attorneys James G. Cowles Jr. and Cytheria Jernigan are prosecuting the case.
"The U.S. Attorney=s Office, along with our federal, state, and local partners, is committed to keeping our communities safe,” Finley stated. “Breaking up this drug distribution ring is a huge step in countering the flow of these illegal substances into the community. I want to thank all the agencies who have partnered with us on this operation and who continue to work to enforce both federal and state narcotics laws."
“The indictments, arrests, and seizures in this investigation are the direct result of outstanding partnerships with federal, state, and local law enforcement,” stated DEA Assistant Special Agent in Charge Joseph Shepherd. “DEA, along with our federal, state, and local law enforcement partners, will continue to pursue those who threaten our communities through the smuggling and distribution of illegal and dangerous drugs such as cocaine and marijuana. The abuse of these drugs can have devastating health and societal effects, and these arrests strike a significant blow to the illegal drug trafficking trade in this community.”
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Individual Who Provided False Statements Regarding Attempted Support of Extremist Group Pleads Guilty and Is SentencedRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the conviction and sentencing of Soloman Zaid Alkadhi, 24, of Plantation. On April 24, 2014, Alkadhi pled guilty to a one count information charging him with providing a false statement to Special Agents of the FBI in a matter involving international terrorism, in violation of Title 18, United States Code, Section 1001(a)(2). Alkadhi was sentenced yesterday by U.S. District Judge Joan A. Lenard to 60 months in prison, followed by three years of supervised release.
In October 2009, Alkadhi denied to FBI agents that he planned to travel to Somalia to join and provide assistance to al-Shabaab, a designated foreign terrorist organization. According to court documents, Alkadhi planned to travel to Somalia to join and provide assistance to the extremist group. Alkadhi acknowledged that after conducting online research into al-Shabaab and its efforts to wage jihad, he traveled from Florida to Kenya and then attempted to cross the Kenyan-Somalian border in an effort to join and provide assistance to that organization.
Mr. Ferrer commended the outstanding investigative efforts of the FBI. The case was prosecuted by Assistant U.S. Attorney Adam Fels, with assistance of Trial Attorney Jerome Teresinski of the United States Department of Justice, National Security Division, Counterterrorism Section.
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.
Hubbard, Iowa, Woman Pleads Guilty to Bank FraudRead the Press Release
Woman Also Pleads Guilty To Unlawful Manufacture and Possession of a Department of Justice Seal
A woman who forged a court order for a purported structured settlement in support of her request for a bank loan, and who forged a separate letter purporting to be from a United States Department of Justice official, pled guilty on July 23, 2014, in federal court in Cedar Rapids.
Stephanie Drake (formerly known as Stephanie Drake-Zierke), age 50, from Hubbard, Iowa, was convicted of one count of bank fraud and one count of unlawful manufacture and possession of a United States Department of Justice seal.
In a plea agreement, Drake admitted that, between about March 2009 and September 2012, she fraudulently induced a bank to loan her money by falsely claiming that her husband had been awarded a legal settlement in the amount of $2,200,000. Drake also admitted presenting a fabricated document to the bank purporting to be a court order for the legal settlement. Drake also admitted defrauding the same bank by presenting falsified loan paperwork indicating her husband’s parents had agreed to guarantee a loan of up to $162,600. Drake admitted that, between May 2008 and September 2012, the bank loaned her a total of at least $483,513.51. Drake admitted her conduct resulted in a loss to the bank of more than $400,000.
Also in the plea agreement, Drake admitted that, in about January of 2012, she unlawfully manufactured and possessed a seal of the United States Department of Justice. Drake admitted she forged a letter to her husband, dated January 23, 2012, that bore the seal and purported to be from the United States Attorney for the Northern District of Iowa. Drake admitted forging the letter in an attempt to substantiate a false claim that her husband was cooperating with federal authorities in a theft investigation.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Drake remains free on bond pending sentencing. Drake faces a possible maximum sentence of 30 years’ and 6 months’ imprisonment, a $1,005,000 fine, $110 in special assessments, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation and the Hardin County, Iowa, Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2032.
Hopi Man Indicted on Charges of Aggravated Sexual Abuse of MinorsRead the Press Release
PHOENIX – On July 22, 2014, a federal grand jury returned a four-count indictment against Ross Stetson Tewangoitewa, 67, of Shungopavi Village, Ariz., for aggravated sexual abuse of a minor.
A conviction for aggravated sexual abuse of a minor carries a maximum penalty of life in prison, a $250,000 fine, or both.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
CASE NUMBER: CR-14-8139-SPL (DKD)
RELEASE NUMBER: 2014-042_TewangoitewaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Hill City Man Sentenced to 100 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Hugo Arechiga-Torres, age 33, was sentenced to 100 months in custody, 10 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Arechiga-Torres was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 4, 2012, and he pled guilty on January 3, 2014.
Beginning in June 2010 until April 4, 2012, Arechiga-Torres received pound quantities of methamphetamine in South Dakota. During that time, Arechiga-Torres and the individuals supplying and transporting the methamphetamine conspired and agreed with others to distribute more than 500 grams of methamphetamine in South Dakota.
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Sioux Falls Area Drug Task Force, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Arechiga-Torres was immediately turned over to the custody of the U.S. Marshals Service.
Hazleton Man Sentenced to Federal Prison on Drug ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Hazleton man was sentenced yesterday, in federal court in Scranton, by United States District Judge Robert Mariani, to serve 46 months in prison on a charge of conspiracy to distribute cocaine.
According to United States Attorney Peter Smith, Juan Carlos Alvarez, age 28, a resident of Hazleton, pleaded guilty to the charge in March of this year. Alvarez was ordered to serve an additional 3 years’ under court supervision upon his release from prison.
Alvarez was charged after an investigation conducted by the United States Drug Enforcement Administration, the Hazleton Police Department and the Butler Township Police Department.
The case was prosecuted by Assistant United States Attorney William S. Houser.
Hampton County Woman Sentenced in Drug Related ShootingRead the Press Release
Contact Person: Nick Bianchi (843) 727-4381
Columbia, South Carolina -----United States Attorney Bill Nettles stated today that Roqel Connors, age 23, of Garnett, South Carolina was sentenced today in federal court in Charleston, South Carolina, for discharging a firearm in relation to a drug trafficking crime, a violation of 18 U.S.C. § 924(c). Senior United States District Judge Sol Blatt, Jr. of Charleston sentenced Connors to 10 years to be followed by 5 years supervised release.
Evidence presented at the change of plea hearing established that on December 11, 2011, Connors arranged to sell marijuana to a man in Beaufort, SC. As Connors was conducting the transaction with an individual in the back seat of a vehicle, an argument ensued and Connors fired her Glock handgun into the vehicle. The shot fired by Connors struck the driver of the vehicle, Mark Kevin Jones, in the back of the head, killing Jones.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosive and Beaufort County Sheriff's Office. Assistant United States Attorney Nick Bianchi of the Charleston office prosecuted the case.Hacker Charged with Breaching Multiple Government Computers and Stealing Thousands of Employee and Financial RecordsRead the Press Release
ALEXANDRIA, Va. – Lauri Love, 29, of Stradishall, England, was indicted today by a federal grand jury in the Eastern District of Virginia on charges of conspiracy, causing damage to a protected computer, access device fraud and aggravated identity theft.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; John R. Hartman, Deputy Inspector General for Investigations at the U.S. Department of Energy (DOE); and Stephen Niemczak, Special Agent in Charge, Computer Crimes Unit at the Office of Inspector General, U.S. Department of Health and Human Services (HHS), made the announcement.
According to the indictment, beginning around October 2012, Love and his conspirators accessed without authorization protected computers belonging to DOE, HHS, U.S. Sentencing Commission, FBI’s Regional Computer Forensics Laboratory, Deltek, Inc. and Forte Interactive, Inc. Love and his conspirators gained unauthorized access to the protected computers by exploiting a known vulnerability in Adobe ColdFusion, a software program designed to build and administer websites and databases. The vulnerability, which has since been corrected, allowed Love and his conspirators to access protected areas of the victims’ computer servers without proper login credentials—in other words, to bypass security on the protected computers.
After gaining unauthorized access to the protected servers, Love and his conspirators obtained administrator-level access to the networks using custom file managers, which allowed the conspirators to upload and download files, as well as create, edit, remove and search for data. Love unlawfully obtained massive amounts of sensitive and confidential information stored on those computers, including more than 100,000 employee records with names, Social Security numbers, addresses, phone numbers and salary information, along with more than 100,000 financial records, including credit card numbers and names. Love’s actions caused total losses in excess of $5 million.
The investigation was led by the FBI’s Washington Field Office, in conjunction with the Inspectors General for the United States Department of Energy, United States Department of Health and Human Services, and the United States Postal Service. Assistant U.S. Attorneys Ryan K. Dickey and Jay V. Prabhu are prosecuting the case.
Love faces a maximum penalty of ten years in prison if convicted of the offenses charged in Virginia. He also faces a mandatory additional two years in prison if convicted of aggravated identity theft. Love also is the subject of separate indictments on related charges in the District of New Jersey and the Southern District of New York.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-258.
Four Individuals Sentenced in Federal Program Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that four individuals convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds or Theft Concerning Programs Receiving Federal Funds have been sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
The last defendant to be sentenced was Wayne Wilson Cortier, age 45, of Pine Ridge. He was sentenced on July 21, 2014, to 1 year of probation, and was ordered to make restitution of $27,620, $25,550 of which is joint and several with co-defendant Samone Milk.
Heather Marie Garcia, age 31, and Joe Marquios Garcia, age 35, both of Pine Ridge, were sentenced on June 30, 2014. Heather Garcia was sentenced to 5 years of probation. Joe Garcia was sentenced to 15 months in custody, to be followed by 3 years of supervised release. Both were ordered to make restitution of $83,585, jointly and severally with Milk.
Samone Darla Milk, age 33, of Martin, was sentenced on May 6, 2014, to 14 months in custody, to be followed by 3 years of supervised release. She was ordered to make restitution of $109,135.“I commend the Department of Health and Human Services, Office of Investigations for their diligent work in this case. The theft of federal funds is serious in any case, but is even more significant in situations like this where it impacts people who rely on these programs for some of their basic needs,” said U.S. Attorney Johnson.
On October 8, 2013, a federal grand jury indicted Milk, Heather Garcia, Joe Garcia, and Cortier for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds. Additionally, Milk was also indicted for two counts of Theft Concerning Programs Receiving Federal Funds, and Heather Garcia, Joe Garcia, and Cortier were indicted on one count of that same charge. Milk pled guilty to the conspiracy charge on January 3, 2014. Cortier pled guilty to the theft charge on March 12, 2014. Heather Garcia pled guilty to the theft charge and Joe Garcia pled guilty to the conspiracy charge on March 13, 2014. The other charges for all four individuals were dismissed.
From May through December 2009, Milk and her co-conspirators formed an agreement to steal funds belonging to the Oglala Sioux Tribe. Milk was the executive secretary for the Tribe’s Energy/Low Income Home Energy Assistance Program (LIHEAP). Heather Garcia was employed by the Tribe’s Accounts Payable Department as a technician. Joe Garcia and Cortier were contractors for the Tribe. Using their positions, Milk and Heather Garcia drafted fake invoices and quotes for contract work purportedly to be completed by Joe Garcia and Cortier. Milk facilitated the processing of these documents through the Energy/LIHEAP program. Checks were issued by the Tribe’s Treasurer’s Office to pay for the fraudulent invoices. Milk and her co-conspirators received the checks, cashed them, and divided the funds among themselves to use for their own purposes.
Gerald T. Roy, Special Agent in Charge, Health and Human Services/Office of Inspector General, Office of Investigations, Kansas City, MO, stated, “Individuals who choose to misappropriate HHS funds intended for those in dire need will continue to be pursued by the OIG and their law enforcement partners.”
This case was investigated by the HHS/OIG, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Milk was ordered to turn herself in to the U.S. Marshals Service on or before May 27, 2014. Joe Garcia was remanded to the custody of the U.S. Marshals Service.
Forty-Two Individuals Arrested for Conspiracy to Manufacture MethamphetamineRead the Press Release
KNOXVILLE, Tenn.-- A federal grand jury in Knoxville returned five separate indictments on July 16, 2014, against 59 individuals involved in a conspiracy to manufacture methamphetamine. Those indicted include:
Randy N. Smith, 48, Caryville, Tenn.; Jeffrey S. Meadows, 34, LaFollette, Tenn.; Rebecca J. Burress, 31, Lake City, Tenn.; Robert W. Brumitt, 40, LaFollette, Tenn.; Carla D. Boshears, 21, LaFollette, Tenn.; Jason R. McKamey, 31, Lake City, Tenn.; Jill L. Higdon, 34, Lake City, Tenn.; Michael D. Leach, 44, Jacksboro, Tenn.; Sherri A. Elliot, 52, Caryville, Tenn.; Danny R. Phillips, 57, Caryville, Tenn.; Roger L. Moser, 34, Lake City, Tenn.; Joseph D. Harmon, 30, LaFollette, Tenn.; James Tyler Tomblin, 20, LaFollette, Tenn.; Michael J. Gill, 39, Lake City, Tenn.; Tiffany D. Bean, 24, Clinton, Tenn.; Samuel D. Miracle, 31, Briceville, Tenn.; Dustin A. Martin, 32, Clinton, Tenn.; Jonita L. Moore, 30, Briceville, Tenn.; Joseph L. O’Dell, 35, Jacksboro, Tenn.; David W. O’Dell, 36, Caryville, Tenn.; Kristen N. Vanover, 26, Briceville, Tenn.; James R. Golden, Jr., 37, Briceville, Tenn.; Starla Vella-Rae Boshears, 42, LaFollette, Tenn.; Amber B. Boshears, 24, LaFollette, Tenn.; Gina A. Austin, 36, Clinton, Tenn.; Danny R. Elliot, 30, Lake City, Tenn.; Dennis W. Leinart, 40, Briceville, Tenn.; Robert N. Hicks, 44, Oak Ridge, Tenn.; Amy M. Lowe, 35, LaFollette, Tenn.; Angela N. Bond, 22, Clinton, Tenn.; Virgie D. Hall, 30, Caryville, Tenn.; Katherine G. Wright, 39, Jackboro, Tenn.; Kassondra D. Lumley, 42, Jacksboro, Tenn.; Scott K. Duncan, 45, Clinton, Tenn.; Mary M. Coker, 46, Oak Ridge, Tenn.; Marsha L. Hill, 40, Jacksboro, Tenn.; Sheila D. Rice, 41, Jackboro, Tenn.; Wanda A. Hurst, 41, LaFollette, Tenn.; Rhonda D. Bailey, 28, Andersonville, Tenn.; Stewart H. Ridenour, 34, Andersonville, Tenn.; and, Penny L. Lane, 44, LaFollette, Tenn.
In addition, Smith, Meadows, Burress, Brumitt, Carla Boshears, McKamey, Higdon, Leach, Sherri Elliot, Phillips, Moser, Joseph Harmon, Bean, Joseph O’Dell, David O’Dell, Golden, Jr., Starla Boshears, Danny Elliot, Leinart, Lowe, and Bailey, were indicted for conspiring to distribute methamphetamine.
All of these individuals appeared in court between July 21, 2014, and July 24, 2014, before U.S. Magistrate Judge C. Clifford Shirley and pleaded not guilty to the charges in the indictment.
The investigation has shown that individuals involved were purchasing pseudoephedrine at local pharmacies and using that pseudoephedrine to manufacture methamphetamine at various locations in Anderson and Campbell counties.
If convicted, all face a minimum and mandatory term of 10 years in prison and a maximum term of life, a maximum fine of $10,000,000.00, and a term of supervised release of at least five years. All also face mandatory court assessments.
This indictment is the result of a multi-agency investigation including Anderson County Sheriff’s Office, Campbell County Sheriff’s Office, LaFollette Police Department, Lake City Police Department, Oak Ridge Police Department, 7th Judicial Drug Task Force, 8th Judicial Drug Task Force, TBI, 7th Judicial District Attorney General; 8th Judicial District Attorney General, U.S. Marshals Service, Tennessee Methamphetamine and Pharmaceutical Task Force, Tennessee Alcoholic Beverage Commission, and Drug Enforcement Administration. Assistant U.S. Attorney Caryn L. Hebets will represent the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
Former UNL Student Sentenced for Computer BreachRead the Press Release
United States Attorney Deborah R. Gilg announced that Daniel Stratman, age 23 of Omaha, Nebraska, was sentenced on July 24, 2014, in Lincoln, Nebraska, to 6 months in prison by United States District Judge John M. Gerrard for one count of Fraud and Related Activity in Connection with Computers. Stratman will be allowed work release while serving his prison sentence, and will then be required to serve a 3 year term of supervised release. He is also ordered to pay $107,722.58 in restitution.
A security breach of the University of Nebraska and the Nebraska State College System database was discovered in May of 2012. Investigation led law enforcement to Stratman, a senior at UNL at the time of the intrusion. A search warrant of his residence and forensic examination of his computers verified that Stratman had damaged the integrity of the protected computer systems and records maintained by the University of Nebraska and the Nebraska State College Systems.
This case was investigated by the University of Nebraska Police Department, the Lincoln Police Department, the Federal Bureau of Investigation, and the Office of the Inspector General, United States Department of Education.
Former Panhandle Business Owner Indicted for Tax FraudRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Patrick Alfred Anderson, 62, of Laughlin, Nevada, appeared in federal court today following his indictment in the Northern District of Florida and arrest in Laughlin, Nevada, on charges of filing false individual and corporate tax returns.
The indictment alleges that Anderson, while a resident of Niceville, Florida, filed false individual and corporate federal income tax returns for the years 2010 and 2011. The indictment alleges that for 2010, Anderson reported a total income of $58,452 when in fact, his income was approximately $88,149, and in 2011 he reported a total income of negative $81,710, when in fact, his income was approximately $259,995. The indictment further alleges that Anderson filed a false 2011 corporate income tax return for Haight Ashbury LLC claiming that the business’s gross receipts were $305,772 when in fact, the gross receipts were approximately $616,886.
Anderson was arraigned on the charges by U.S. Magistrate Judge Elizabeth M. Timothy. The trial is scheduled for September 2, 2014, before Senior U.S. District Judge Lacey A. Collier at the U.S. District Courthouse in Pensacola. As part of his conditions of release pending trial, Anderson is required not to have any contact, direct or indirect, with any former employees or customers of any of his former businesses located in the Northern District of Florida, which included Haight Ashbury LLC, Woodstock Navarre, Woodstock Niceville, Woodstock Fort Walton Beach, Woodstock Mary Esther, Woodstock Santa Rosa Beach, and Woodstock Crestview.
If convicted, Anderson faces a maximum of 3 years in prison, restitution, and a fine of $100,000 for each count.
This case is being prosecuted by Assistant U.S. Attorney Tiffany H. Eggers and was investigated by the Internal Revenue Service – Criminal Investigation and the Okaloosa Multi-Agency Drug Task Force.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Federal Employee Sentenced for $113,000 Scheme to Steal from Co-workersRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former IT specialist for the U.S. Department of Agriculture was sentenced in federal court today for a scheme to steal $113,000 from three co-workers, one of whom is blind.
Paula M. Steen, 50, of Overland Park, Kan., was sentenced by U.S. District Judge Gary A. Fenner to two years in federal prison without parole. The court also ordered Steen to pay $96,012 in restitution.
Steen was employed as an IT specialist for the USDA Farm Service Agency at the USDA facility at 6501 Beacon Drive, Kansas City, Mo.
On Dec. 18, 2013, Steen pleaded guilty to wire fraud. Steen admitted that she engaged in a wire fraud and identity theft scheme to steal from her co-workers at USDA over a four-year period, from Dec. 30, 2008, to Dec. 29, 2012. Steen attempted to steal at least $113,282; the actual loss totaled $103,682.
Steen admitted that she charged $57,693 on the credit accounts of one co-worker (identified in court documents as “S.S.”), who is legally blind. Steen later repaid $18,278 of that amount to creditors. Steen also secured four personal loans from this co-worker totaling $48,171, which she did not repay. Steen attempted to borrow $2,600 in the co-worker’s name, but after submitting the personal loan application to a financial institution, she later withdrew it.
Steen admitted that she illegally transferred $16,096 from another co-worker’s credit union account to her own creditors and to her own bank account. (This co-worker is identified in court documents as “R.H.”) Steen also attempted to illegally transfer another $2,000.
Steen attempted to open a joint credit card account in the name of a third co-worker (identified in court documents as “J.S.”), using his Social Security number and date of birth without his authorization.
This case was prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by the U.S. Department of Agriculture, Officer of Inspector General.Former Chief Executive Officer of Lufthansa Subsidiary BizJet Pleads Guilty to Foreign Bribery ChargesRead the Press Release
The former president and chief executive officer of BizJet International Sales and Support Inc., a U.S.-based subsidiary of Lufthansa Technik AG with headquarters in Tulsa, Oklahoma, that provides aircraft maintenance, repair and overhaul services, pleaded guilty today for his participation in a scheme to pay bribes to foreign government officials.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Danny C. Williams Sr., of the Northern District of Oklahoma and Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office made the announcement.
“The former CEO of BizJet, Bernd Kowalewski, has become the third and most senior Bizjet executive to plead guilty to bribing officials in Mexico and Panama to get contracts for aircraft services,” said Assistant Attorney General Caldwell. “While Kowalewski and his fellow executives referred to the corrupt payments as ‘commissions’ and ‘incentives,’ they were bribes, plain and simple. Though he was living abroad when the charges were unsealed, the reach of the law extends beyond U.S. borders, resulting in Kowalewski’s arrest in Amsterdam and his appearance in court today in the United States. Today’s guilty plea is an example of our continued determination to hold corporate executives responsible for criminal wrongdoing whenever the evidence allows.”
“I commend the investigators and prosecutors who worked together across borders and jurisdictions to vigorously enforce the Foreign Corrupt Practices Act,” said U.S. Attorney Williams. “Partnership is a necessity in all investigations. By forging and strengthening international partnerships to combat bribery, the Department of Justice is advancing its efforts to prevent crime and to protect citizens.”
Bernd Kowalewski, 57, the former President and CEO of BizJet, pleaded guilty today in federal court in Tulsa, Oklahoma, to conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and a substantive violation of the FCPA in connection with a scheme to pay bribes to officials in Mexico and Panama in exchange for those officials’ assistance in securing contracts for BizJet to perform aircraft maintenance, repair and overhaul services.
Kowalewski was arrested on a provisional arrest warrant by authorities in Amsterdam on March 13, 2014, and waived extradition on June 20, 2014. Kowalewski is the third BizJet executive to plead guilty in this case. Peter DuBois, the former Vice President of Sales and Marketing, pleaded guilty on Jan. 5, 2012, to conspiracy to violate the FCPA and a substantive violation of the FCPA and Neal Uhl, the former Vice President of Finance, pleaded guilty on Jan. 5, 2012, to conspiracy to violate the FCPA. Jald Jensen, the former sales manager at BizJet, has been indicted for conspiracy as well as substantive FCPA violations and money laundering and is believed to be living abroad. Charges were unsealed against the four defendants on April 5, 2013.
According to court filings, Kowalewski and his co-conspirators paid bribes directly to foreign officials to secure aircraft maintenance repair and overhaul contracts, and in some instances, the defendants funneled bribes to foreign officials through a shell company owned and operated by Jensen. The shell company, Avionica International & Associates Inc., operated under the pretense of providing aircraft maintenance brokerage services but in reality laundered money related to BizJet’s bribery scheme. Bribes were paid to officials employed by the Mexican Policia Federal Preventiva, the Mexican Coordinacion General de Transportes Aereos Presidenciales, the air fleet for the Gobierno del Estado de Sinaloa, the air fleet for the Gobierno del Estado de Sonora and the Republica de Panama Autoridad Aeronautica Civil.
Further according to court filings, the co-conspirators discussed in e-mail correspondence and at corporate meetings the need to pay bribes, which they referred to internally as “commissions” or “incentives,” to officials employed by the foreign government agencies in order to secure the contracts. At one meeting, for example, in response to a question about who the decision-maker was at a particular customer organization, DuBois stated that a director of maintenance or chief pilot was normally responsible for decisions on where an aircraft went for maintenance work. Kowalewski then responded by explaining that the directors of maintenance and chief pilots in the past received “commissions” of $3,000 to $5,000 but were now demanding $30,000 to $40,000 in “commissions.” Similarly, in e-mail correspondence between Uhl, DuBois, Kowalewski, and several others, Uhl responded to a question about BizJet’s financial outlook if “incentives” paid to brokers, directors of maintenance, or chief pilots continued to increase industry wide, stating that they would “work to build these fees into the revenue as much as possible. We must remain competitive in this respect to maintain and gain market share.”
On March 14, 2012, the department announced that it had entered into a deferred prosecution agreement with BizJet, requiring that BizJet pay an $11.8 million monetary penalty to resolve charges related to the corrupt conduct. That agreement acknowledged BizJet’s voluntary disclosure, extraordinary cooperation, and extensive remediation in this case. In addition, the department announced on March 14, 2012, that BizJet’s indirect parent company, Lufthansa Technik AG, entered into an agreement with the department in which the department agreed not to prosecute Lufthansa Technik provided that Lufthansa Technik satisfies its obligations under the agreement for a period of three years.
This case is being investigated by the FBI’s Washington Field Office with substantial assistance form the Oklahoma Field Office. The department has worked closely with its law enforcement counterparts in Amsterdam, Mexico and Panama, and has received significant assistance from Germany and Uruguay. The Criminal Division’s Office of International Affairs has also provided assistance. This case is being prosecuted by Assistant Chief Daniel S. Kahn and Trial Attorney David Fuhr of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kevin Leitch of the Northern District of Oklahoma.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa .Former Chief Executive Officer of Lufthansa Subsidiary BizJet Pleads Guilty to Foreign Bribery ChargesRead the Press Release
WASHINGTON – The former president and chief executive officer of BizJet International Sales and Support Inc., a U.S.-based subsidiary of Lufthansa Technik AG with headquarters in Tulsa, Oklahoma, that provides aircraft maintenance, repair and overhaul services, pleaded guilty today for his participation in a scheme to pay bribes to foreign government officials.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Danny C. Williams Sr., of the Northern District of Oklahoma and Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office made the announcement.
“The former CEO of BizJet, Bernd Kowalewski, has become the third and most senior Bizjet executive to plead guilty to bribing officials in Mexico and Panama to get contracts for aircraft services,” said Assistant Attorney General Caldwell. “While Kowalewski and his fellow executives referred to the corrupt payments as ‘commissions’ and ‘incentives,’ they were bribes, plain and simple. Though he was living abroad when the charges were unsealed, the reach of the law extends beyond U.S. borders, resulting in Kowalewski’s arrest in Amsterdam and his appearance in court today in the United States. Today’s guilty plea is an example of our continued determination to hold corporate executives responsible for criminal wrongdoing whenever the evidence allows.”
“I commend the investigators and prosecutors who worked together across borders and jurisdictions to vigorously enforce the Foreign Corrupt Practices Act,” said U.S. Attorney Williams. “Partnership is a necessity in all investigations. By forging and strengthening international partnerships to combat bribery, the Department of Justice is advancing its efforts to prevent crime and to protect citizens.”
Bernd Kowalewski, 57, the former President and CEO of BizJet, pleaded guilty today in federal court in Tulsa, Oklahoma, to conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and a substantive violation of the FCPA in connection with a scheme to pay bribes to officials in Mexico and Panama in exchange for those officials’ assistance in securing contracts for BizJet to perform aircraft maintenance, repair and overhaul services.
Kowalewski was arrested on a provisional arrest warrant by authorities in Amsterdam on March 13, 2014, and waived extradition on June 20, 2014. Kowalewski is the third BizJet executive to plead guilty in this case. Peter DuBois, the former Vice President of Sales and Marketing, pleaded guilty on Jan. 5, 2012, to conspiracy to violate the FCPA and a substantive violation of the FCPA and Neal Uhl, the former Vice President of Finance, pleaded guilty on Jan. 5, 2012, to conspiracy to violate the FCPA. Jald Jensen, the former sales manager at BizJet, has been indicted for conspiracy as well as substantive FCPA violations and money laundering and is believed to be living abroad. Charges were unsealed against the four defendants on April 5, 2013.
According to court filings, Kowalewski and his co-conspirators paid bribes directly to foreign officials to secure aircraft maintenance repair and overhaul contracts, and in some instances, the defendants funneled bribes to foreign officials through a shell company owned and operated by Jensen. The shell company, Avionica International & Associates Inc., operated under the pretense of providing aircraft maintenance brokerage services but in reality laundered money related to BizJet’s bribery scheme. Bribes were paid to officials employed by the Mexican Policia Federal Preventiva, the Mexican Coordinacion General de Transportes Aereos Presidenciales, the air fleet for the Gobierno del Estado de Sinaloa, the air fleet for the Gobierno del Estado de Sonora and the Republica de Panama Autoridad Aeronautica Civil.
Further according to court filings, the co-conspirators discussed in e-mail correspondence and at corporate meetings the need to pay bribes, which they referred to internally as “commissions” or “incentives,” to officials employed by the foreign government agencies in order to secure the contracts. At one meeting, for example, in response to a question about who the decision-maker was at a particular customer organization, DuBois stated that a director of maintenance or chief pilot was normally responsible for decisions on where an aircraft went for maintenance work. Kowalewski then responded by explaining that the directors of maintenance and chief pilots in the past received “commissions” of $3,000 to $5,000 but were now demanding $30,000 to $40,000 in “commissions.” Similarly, in e-mail correspondence between Uhl, DuBois, Kowalewski, and several others, Uhl responded to a question about BizJet’s financial outlook if “incentives” paid to brokers, directors of maintenance, or chief pilots continued to increase industry wide, stating that they would “work to build these fees into the revenue as much as possible. We must remain competitive in this respect to maintain and gain market share.”
On March 14, 2012, the department announced that it had entered into a deferred prosecution agreement with BizJet, requiring that BizJet pay an $11.8 million monetary penalty to resolve charges related to the corrupt conduct. That agreement acknowledged BizJet’s voluntary disclosure, extraordinary cooperation, and extensive remediation in this case. In addition, the department announced on March 14, 2012, that BizJet’s indirect parent company, Lufthansa Technik AG, entered into an agreement with the department in which the department agreed not to prosecute Lufthansa Technik provided that Lufthansa Technik satisfies its obligations under the agreement for a period of three years.
This case is being investigated by the FBI’s Washington Field Office with substantial assistance form the Oklahoma Field Office. The department has worked closely with its law enforcement counterparts in Amsterdam, Mexico and Panama, and has received significant assistance from Germany and Uruguay. The Criminal Division’s Office of International Affairs has also provided assistance. This case is being prosecuted by Assistant Chief Daniel S. Kahn and Trial Attorney David Fuhr of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kevin Leitch of the Northern District of Oklahoma.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Former Bartlett Doctor Sentenced to 16 Years in Federal Prison for Illegal Distribution of Prescription NarcoticsRead the Press Release
Memphis, TN - Edward L. Stanton III, United States Attorney for the Western District of Tennessee; and Sheriff William Oldham, Shelby County Sheriff’s Office, announced today that on July 15, 2014, Senior United States District Judge Jon Phipps McCalla sentenced Michael A. Patterson, formerly a medical doctor who had an office in Bartlett, Tennessee, to 16 years in federal prison for several violations of the Controlled Substance Act involving prescription narcotics.
In November of 2011, Patterson, who according to the indictment was a medical doctor licensed to practice medicine in Tennessee, was indicted for a number of violations of the federal Controlled Substances Act involving narcotics. The indictment noted that Patterson practiced medicine under the trade name Bartlett Psychiatric Center, PC, at an office located on Kirby-Whitten Road in Bartlett, Tennessee. According to the indictment Patterson’s medical license was revoked on March 22, 2011 by the Tennessee Board of Medical Examiners pursuant to the terms of an Agreed Order.
Patterson subsequently pleaded guilty to Counts 2 and 37 of the indictment. He was charged in Count 2 with illegally distributing Oxycodone, a Schedule II Controlled Substance, by issuing a prescription “outside the usual course of medical practice and for no legitimate medical purpose,” in violation of Title 21, United States Code, Section 841(a)(1). This section of the Controlled Substances Act makes it a crime to illegally distribute a controlled substance. Under federal law, Schedule II Controlled Substances are drugs that have a “high potential for abuse” and for which abuse “may lead to severe psychological of physical dependence.” Oxycodone is defined as a Schedule II Controlled Substance under the Controlled Substances Act.
Patterson was charged in Count 37 of the indictment with illegally distributing hydrocodone tablets by providing a person with a forged prescription in May 2011, in violation of Title 21, United States Code, Section 841(a)(1). Hydrocodone is defined as a Schedule III Controlled Substance under the Controlled Substances Act. Schedule III Controlled Substances are defined as drugs that have a potential for abuse, and the abuse of which may lead to “moderate physical dependence or high psychological dependence.”
In March of 2012, Patterson was indicted by a federal grand jury in the Northern District of Mississippi and charged with violating the Controlled Substances Act. That case was transferred to Memphis and Patterson pleaded guilty to knowingly using a revoked registration number in order to dispense a prescription for a Schedule IV narcotic in violation of Title 21, United States Code, Section 843(a)(2).
In addition to the prison sentence, Senior United States District Judge Jon Phipps McCalla ordered Patterson to serve eight years of supervised release. There is no parole in the federal system.
“Licensed professionals who nefariously hide behind their titles and white jackets to illegally distribute prescription drugs are just as much ‘drug dealers’ as those who deal crack cocaine on our streets,” said U.S. Attorney Stanton. “The Court’s sentence should serve as a clear reminder that this type of conduct will not be tolerated.”
“Criminal activity of any kind will not be tolerated by those individuals who willingly choose to violate the law,” stated Sheriff Oldham. “We will continue to work closely with U.S. Attorney Stanton, the U.S. Attorney’s Office and other law enforcement agencies to make sure those who commit these crimes are off the streets.”
The case was investigated by Tennessee Bureau of Investigation and the Shelby County Sheriff’s Office. Assistant U.S. Attorney Joseph C. Murphy, Jr., prosecuted the case on behalf of the government.Former 32 Year FBI Employee and His Wife Plead Guilty to Bank FraudRead the Press Release
SAN FRANCISCO – A former 32 year FBI employee and his wife pleaded guilty in federal court this afternoon to Bank Fraud, United States Attorney Melinda Haag announced.
Charles and Jeannette Espinel (the Espinels) both admitted in their separate plea agreements that, beginning in 2006 and continuing through 2010, the two of them defrauded First California Bank and Wells Fargo Bank in connection with mortgage loans they obtained to purchase a $750,000 rental property in Daly City, Calif. and a $600,000 rental property in San Bruno, Calif. The Espinels admitted that they purchased these rental properties by jointly submitting to banks in June 2006 and April 2007 fraudulent mortgage loan applications in which they knowingly overstated their incomes and falsely claimed that it was their intention to occupy the rental properties as their primary residence. The Espinels also admitted that they subsequently obtained favorable modifications to these loans through fraud, including submitting false Individual Income Tax Returns which they had altered. The Espinels both admitted in their plea agreements that the total loss from their bank fraud was over $83,000.
Charles Espinel in his plea agreement further admitted that from May 1979 until February 2012, he worked as a Support Services Technician in the San Francisco Division of the Federal Bureau of Investigation (FBI). Espinel’s professional responsibilities as a FBI Support Services Technician included records and file management technical support, telecommunications and investigative automation support, office management support, and operations security support. As an FBI employee with Top Secret clearance as well as access to sensitive information, Espinel was required annually to file a security financial disclosure form (SFDF) disclosing certain financial information (including listing all assets and liabilities). Espinel knew that his FBI supervisors and the FBI Security Division/Internal Security Section would review the financial information on his SFDFs to assess whether he had personal financial problems that might threaten his continued suitability for a Top Secret security clearance. Espinel admitted that he knew that lying on his SFDFs about his bank accounts and owned real estate would be significant issues of concern for FBI management. Espinel admitted in his plea agreement that in 2007, 2008, 2009, and 2010, he knowingly submitted to the Security Division/Internal Security Section of the FBI SFDFs in which he made several false statements and material omissions. Espinel admitted that he knowingly failed to disclose on those SFDFs his wife’s income, and failed to disclose the real estate properties he owned or the rental income he was receiving from those properties.
Charles Espinel, 61, and Jeannette Espinel, 58, of Daly City, were charged in a Criminal Information on June 3, 2014, with one count of Bank Fraud, in violation of 18 United States Code Section 1344. The maximum statutory penalty for Bank Fraud is 30 years imprisonment and $1,000,000 fine. The Espinels’ sentencing is scheduled for Nov. 12, 2014, before the Honorable Charles R. Breyer, United States District Court Judge, in San Francisco.
Assistant U.S. Attorney Joseph Fazioli is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation by the United States Department of Justice Office of the Inspector General.
(Espinel information )
Federal Jury Convicts 4 in St. Thomas Jewelry Store RobberyRead the Press Release
St. Thomas, USVI – After a three-day trial in District Court in St. Thomas, a federal jury on Wednesday found four men guilty of the armed robbery of Imperial Jewelry Store in St. Thomas, United States Attorney Ronald W. Sharpe announced.
Shaquim Fredericks, 19, Warkim Gabriel, 18, Alvin Thomas, 19, and Chefton Newton, 26, all of St. Thomas, were convicted of Interference with Commerce by Robbery, Conspiracy to Interfere with Commerce by Robbery and Conspiracy to Use a Firearm in Furtherance of a Crime of Violence.
According to the evidence presented at trial, at approximately 9:30 a.m. on March 15, 2014, seven masked individuals, entered Imperial Jewelry Store located on Main Street, St Thomas, and robbed the store of approximately $1 million worth of jewelry. Some of the robbers brandished firearms, while the others used tools to break display cases and grab the jewelry. During the robbery, store employees had firearms pointed at their heads by the robbers.
After approximately 90 seconds inside the store, all seven individuals fled. Shortly thereafter, Virgin Islands Police Department officers found six suspects, including the four defendants, hiding in the thick brush in the area of Fireburn Hill. VIPD officers also discovered a significant amount of jewelry, three firearms, and clothing in the brush near where the defendants were hiding. Two of the individuals arrested are juveniles. Their cases are being handled by the Virgin Islands Department of Justice.
The defendants face a statutory maximum sentence of 20 years in prison. Sentencing for all four defendants is scheduled for December 4, 2014.
U.S. Attorney Sharpe commended the collaborative work of the Virgin Islands Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives, which investigated the case. “Today’s verdict demonstrates that when federal and local forces join together, we can work quickly to ensure that violent offenders are brought to justice.” Sharpe said. The case was prosecuted by Assistant U.S. Attorney Kelly B. Lake.
El Departamento De Justicia Da A Conocer Declaracion Conjunta De Principios Con La Ciudad De Albuquerque, Nuevo Mexico Para Reformar El Departamento De Policia De AlbuquerqueRead the Press Release
ALBUQUERQUE – El Departamento de Justicia (DOJ sus siglas en inglés), anunció hoy que el Departamento y la Ciudad de Albuquerque, N.M., han firmado una Declaración Conjunta de Principios, la cual refleja buena fe de ambas partes para entrar en un acuerdo, ejecutable en el tribunal, para reformar al Departamento de Policía de Albuquerque (APD sus siglas en inglés). La declaración conjunta de principios especifica públicamente las medidas que el DOJ y la ciudad estàn llevando a cabo para resolver los hallazgos que resultaron de la investigación que le hizo el DOJ al APD. El 10 de abril de 2014, después de una extensa investigación, el DOJ encontró causa razonable para creer que el APD utiliza un patrón de uso de fuerza excesivo, incluyendo la fuerza mortal irrazonable.
Dada a conocer la carta de hallazgos, el DOJ y la ciudad, cada uno independientemente, se pusieron en contacto con partes interesadas en Albuquerque para así escuchar sus ideas e inquietudes a cerca de la reforma del APD. Abogados y personal del DOJ han conversado con oficiales de policía, oficiales de la ciudad, proveedores de servicios de salud mental, organizaciones de defensores, individuos que han sido personalmente afectados por la conducta pasada del APD, y con otros miembros de la comunidad. El DOJ ha llevado a cabo docenas de reuniones y se ha reunido con cientos de personas a lo largo y ancho de la ciudad. A través estos esfuerzos, ambas partes han adquirido información importante sobre lo que preocupa a los oficiales y a la comunidad. Esta información moldearà el acuerdo final. El DOJ està motivado por la información que ha recibido y està comprometido a lograr reformas sostenibles que aseguraràn que APD prestarà servicios de tal forma que se respeten los derechos de los residentes, se promueva confianza mutua entre la policía y la comunidad, y que mejore la seguridad del público y de los oficiales.
“Este acuerdo marca un importante paso adelante para encarar el uso irrazonable de fuerza mortal descubierto durante nuestra investigación al Departamento de Policía de Albuquerque”, dijo Eric Holder, Fiscal General de los Estados Unidos. “Los residentes de Albuquerque dependen en su cuerpo policial para servir a su comunidad con honor e integridad. En la gran mayoría de los casos, nuestros dedicados oficiales de policía local, quienes a diario ponen sus vidas en peligro, hacen justamente eso. Pero cuando ocurre la conducta impropria en el ejercicio de la profesión, nunca vacilaremos en actuar para asegurar los derechos civiles de todos en este país. Como resultado de la acción en curso, me siento seguro de que el Departamento de Policía de Albuquerque podrà corregir estas pràcticas preocupantes, restaurar la confianza del público y proteger mejor a todos sus ciudadanos contra todas las amenazas y peligros – y, a la vez, proveer un modelo de profesionalismo y equidad que todos los americanos merecen”.
“Felicitamos a la ciudad por haberse comprometido a entrar en negociaciones de buena fe para lograr un acuerdo ejecutable en el tribunal, que asegurarà reformas sostenibles en el APD”, dijo Jocelyn Samuels, Procuradora General Auxiliar Interina de la División de Derechos Civiles. “La Declaración Conjunta de Principios demuestra a la comunidad nuestro compromiso de trabajar de una manera expedita con la ciudad para crear un acuerdo duradero el cual resolverà nuestros hallazgos del 10 de abril y asegurarà que el APD le proveerà a la gente de Albuquerque pràcticas policiales constitucionales y efectivas”.
“Desde que el DOJ dio a conocer su carta de hallazgos, hemos pedido y hemos recibido ideas valiosas e información de los oficiales, miembros de la comunidad, representantes de múltiples organizaciones y de otros que tienen interés en el futuro de nuestra comunidad”, dijo Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México. “Agradecemos a todos aquellos que han hablado con nosotros. El esperado acuerdo ejecutable en el tribunal final, el cual esperamos poder lograr con la ciudad de Albuquerque, ya es màs fuerte debido a las aportaciones que hemos recibido”.
El DOJ y la ciudad han dado a conocer la Declaración Conjunta de Principios para así informarle a los oficiales de APD y a la comunidad de Albuquerque, que sus inquietudes e ideas han sido escuchadas y que su continuada participación es crucial para lograr una reforma sostenible. Específicamente, la Declaración Conjunta de Principios da a conocer que el DOJ y la ciudad esperan desarrollar reformas en las ocho àreas enumeradas en la carta de hallazgos del DOJ. El uso de políticas de fuerza, la interacción con individuos con enfermedad mental y otras discapacidades, unidades tàcticas, entrenamiento, investigaciones internas y quejas civiles, dirección y supervisión, reclutamiento y selección de oficiales y participación y supervisión comunitaria. La Declaración Conjunta de Principios, también indica que la meta es lograr un acuerdo que sea ejecutable ante el tribunal, que serà supervisado por un monitor independiente. Copia completa de la declaración conjunta de principios puede ser encontrada aquí. (Hyperlink).
Durante el proceso de negociación, el DOJ sigue interesado en obtener recomendaciones e información del público referente a las reformas. DOJ continúa monitoreando la línea directa comunitaria que està disponible en inglés y español, 1-855-544-5134 y el correo electrónico comunitario de APD en el [email protected].
El reporte completo de la investigación hecha por DOJ al APD, al igual que otra información relacionada puede ser encontrada en http://www.justice.gov/usao/nm/APD.html y http://justice.gov/crt/about/spl/findsettle.php. Para màs información sobre la División de Derechos Civiles, por favor visite www.justice.gov/crt.
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Statement of Principles
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Eight Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Judge Irene M. Keeley for sentencing.
Christopher Vickers, age 25, of Clarksburg, was sentenced to 21 months in prison and six years of supervised release for the distribution of heroin within 1,000 feet of Monticello Avenue playground. Vickers, who is free on bond, will self-report to the designated Federal institution . This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar.
Marcus Gerald Barnett, age 33, of Clarksburg, was sentenced to 21 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a housing project. Barnett, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan.
Nino L. Mancino, age 43, of Fairmont, was sentenced to 12 months and 1 day in prison and three years of supervised release for the conspiracy to distribute hydrocodone. Mancino, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney John C. Parr.
The Vickers, Barnett and Mancinco cases were investigated by the Greater Harrison County Drug and Violent Crimes Task Force., which is comprised of officers and agents from the Bridgeport Police Department, the Clarksburg Police Department, the Drug Enforcement Administration, and the West Virginia State Police.Christy D. Ruble, age 32, of West Milford, West Virginia, former officer in charge of the West Milford post office, was sentenced to 5 years probation for embezzlement from postal accounts. The Court also ordered Ruble to make restitution in the amount of $15,238.65 to the U.S. Postal Service. This case was prosecuted by Assistant U.S. Attorney Brandon Flower and investigated by the U.S. Postal Service, Office of Inspector General.
Four inmates at FCI Morgantown appeared before Magistrate Judge John S. Kaull and entered pleas and were sentenced: Robert Whitfield, age 29, was sentenced to 12 months in prison for obstruction of justice, with the sentence to run consecutively to his current sentence.
Eric Irizarry-Barriera, age 38; Nestor Diaz age 45; and, Stefan Toliver, age 27, were each sentenced to 3 months in prison for possession of a cell phone, with the sentence to run consecutively to their current sentences.
These cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower and were investigated by the Special Investigative Services Unit at FCI Morgantown.Eight Individuals Convicted in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Magistrate Judge Robert W. Trumble.
Delmar Hoza Currry, age 33, of Martinsburg, entered a plea of guilty to possession with intent to distribute crack cocaine. Curry, who is in custody pending sentencing, faces up to 30 years in prison due to his prior convictions.
Colleen Eugene Lowe, age 49, of Millcreek, West Virginia, entered a plea of guilty to possession with intent to distribute crack cocaine. Lowe, who is free on bond pending sentencing, faces up to 20 years in prison.
John Earl Mitchell, age 29, of Harpers Ferry, West Virginia, entered a plea of guilty to possession with intent to distribute crack cocaine and methylone. Mitchell, who is in custody pending sentencing, faces up to 20 years in prison.
Joshua Thomas Smith and Mickey Knight Matheson, both age 29, of Winchester, Virginia, entered pleas of guilty to being a convicted felon in possession of firearms. Smith and Matheson, who are in custody pending sentencing, face up to 10 years in prison.
These cases were prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, the Martinsburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.Brenda Carmody, age 49, of Bunker Hill, West Virginia, entered a plea of guilty to misappropriation of postal funds between August of 2013 and January of 2014. Carmody admitting to taking $1,551.91 from the stamp drawer and $480 from post office box rentals from the Rippon, West Virginia, post office while she was working as Postmaster Relief. Carmody, who is free on bond pending sentencing, faces up to 10 year in prison. This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the U.S. Postal Inspection Service.
Martina Y. Roberts, age 40, of Williamsport, Pennsylvania, entered a plea of guilty to bankruptcy fraud. On April 26, 2013, Roberts, who had previously filed for personal bankruptcy, forged the bankruptcy trustee’s name on a document allowing Roberts to obtain a line of credit. Roberts, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Office of the United States Trustee.
Jesse Antonio Garcia, age 27, of Martinsburg, entered a plea of guilty to unlawful production of an identification document. Garcia, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Douglas and investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).