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Tuesday 27 May 2014
Clay County Jail Administrator Sentenced to Four Years in Prison for Violating Inmates' Civil RightsRead the Press Release
BIRMINGHAM -- A federal judge today sentenced the former Clay County jail administrator to four years in prison for using his authority to sexually abuse or otherwise deprive inmates of their civil rights, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr. and Alabama Bureau of Investigation Division Chief Neil G. Tew.
JEFFREY SCOTT COTNEY, 48, of Ashland, pleaded guilty in February to four counts of deprivation of rights under color of law between May 2009 and spring 2010, while he worked as administrator of the Clay County Detention Center. U.S. District Judge L. Scott Coogler sentenced Cotney for the civil rights violations. Along with the prison term, Judge Coogler ordered Cotney to register as a sex offender and prohibited him from seeking or holding a law enforcement job or any position granting him custodial authority over others. Cotney agreed to all those conditions in his plea agreement with the government.
"We're committed to working with the FBI and ABI to ensure this kind of abuse is uncovered and prosecuted," Vance said.
While jails and prisons strip inmates of many individual rights, including freedom of movement, freedom of action and freedom of choice, the government notes in its sentencing memorandum, incarcerated individuals retain the right to be free of cruel and unusual punishment, to maintain bodily integrity, and to not be deprived of liberty without due process of law.
"The system of incarceration requires trustworthy, honorable individuals who will properly exercise the immense powers granted to them by the State," the government said in its memorandum. "Defendant Cotney violated individuals' constitutional rights, abused the public trust, and corrupted the judicial process."
Part of Cotney's job as Clay County's jail administrator was running the inmate worker program, recommending which inmates could participate in the program and supervising the inmate workers.
Cotney pleaded guilty to four counts of depriving three different inmates of their civil rights, but the conduct he admitted in his plea agreement also includes a fourth inmate.In his plea, Cotney admitted to coercing one inmate to submit to a sexual act on four occasions in 2009, three times at Cotney's home and once on the side of the road during a trip to Oxford for automobile parts.
Cotney admitted to violating the civil rights of a second inmate in 2009, forcing that inmate to submit to a strip search with no law enforcement justification.
Cotney admitted that he repeatedly and improperly grabbed and touched a third inmate in 2009 and 2010. Cotney acknowledged he told the inmate that he needed to check whether the inmate had any new tattoos and ordered the inmate to remove all his clothing. The inmate had tattoos on his legs, chest, hipbones, arms and groin, and Cotney felt all the tattoos, according to his plea.
Cotney also admitted to falsely accusing a fourth inmate of possessing contraband and ordering that inmate into lockdown for 45 days and then having him transferred to a state prison, all in retaliation for the man rejecting a sexual proposition from Cotney.
The FBI and ABI investigated the case, which Assistant U.S. Attorneys Tamarra Matthews-Johnson and Elizabeth Holt prosecuted.
Chico Florist Business Owner Found Guilty of Retaliatory Tax DodgeRead the Press Release
SACRAMENTO, Calif. — After a four-day trial, a federal jury found James O. Molen, 70, of Chico, guilty today on five counts — two counts of filing false liens against federal officers, two counts of contempt, and one count of interference with the administration of tax laws, United States Attorney Benjamin B. Wagner announced. The trial was held before United States District Judge Troy L. Nunley.
According to evidence presented at trial, Molen ran Touch of Class Florist in Chico, and in beginning in 2000, he stopped withholding and paying federal employment and unemployment taxes. After years of collection efforts by the IRS, Molen filed false liens in 2004 against people who had been involved in his case: two federal judges, the United States Attorney, two civil Department of Justice attorneys, an IRS revenue officer, and a witness. The liens claimed collateral of more than $93 billion. After a 2007 court order prohibited him from filing more false liens against federal officers, in 2010, Molen filed false liens against two revenue officers assigned to collect his taxes, claiming more than $199,000 in collateral. Molen ignored several court orders, sent a bogus tax payment to the IRS that he called an “International Bill of Exchange,” and sought to frustrate collections by placing his residence and bank accounts in trusts.
In 2003, Molen told the New York Times of the government, “"They can take a hike. … I do not intend to abide by any command of me, flesh and blood, to do anything.” This afternoon, Molen was immediately remanded upon conviction. Judge Nunley noted that Molen “thinks the law doesn’t apply to him” and has put “people through the ringer” by filing liens “retaliating against them.”
This case is the product of an investigation by the Internal Revenue Service –Criminal Investigation and the United States Treasury Inspector General for Tax Administration (TIGTA). Assistant United States Attorneys Matthew D. Segal and Sherry D. Hartel Haus are prosecuting the case.
Molen is scheduled to be sentenced by Judge Nunley on August 21, 2014. He faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for each count of filing false liens, and three years in prison and a $5,000 fine for impeding the due administration of the internal revenue laws. The charge of contempt holds no maximum penalty. 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.
Charlotte Man Sentenced to More Than 39 Years in Prison for Armed Robbery and Attempted Armed Robbery ChargesRead the Press Release
CHARLOTTE, N.C. – Chief U.S. District Judge Frank D. Whitney sentenced today Tony Humphrey, 20, of Charlotte, to 471 months in prison, followed by five years of supervised release on charges stemming from an April 2012 armed robbery spree of several area businesses and a bank, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Tompkins is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division and Chief Rodney D. Monroe, of the Charlotte-Mecklenburg Police Department.
According to court documents and today’s sentencing hearing, on two occasions, Humphreys committed armed robberies at two different branches of Regional Finance Corporation (Regional Finance). On April 3, 2012, Humphrey robbed the Regional Finance located on Tryon Street in Charlotte, stealing $2,000 in cash. Then, on April 16, 2012, Humphrey robbed a second Regional Finance branch located on E. Independence Boulevard, also in Charlotte. $3,400 was stolen from that location. On both occasions, Humphrey pointed a firearm at employees while he demanded money.
Also according to court documents and today’s sentencing hearing, Humphrey and his co-conspirator, Corey Miller, 25, attempted to commit two armed robberies. On April 6, 2012, Humphrey and Miller attempted to rob a Charlotte-area Sonic restaurant. Court records show that the two men placed an order at the drive through window and then Humphrey entered the restaurant armed with a handgun and demanded money. According to court records, when a restaurant employee stated that she could not give him money, Humphrey pointed the gun at the employee’s head and pulled the trigger. The gun did not fire. Miller waited outside in the getaway car and drove Humphrey away from the scene. On April 14, 2012, Humphrey and Miller attempted to rob the Crown Auto Sales and Finance office located in Charlotte. Both Humphrey and Miller possessed and brandished firearms during that attempted robbery.
On April 13, 2012, Humphrey and Adonte Young, 28, robbed a PNC Bank branch located on East Boulevard in Charlotte. According to filed court documents and related court hearings, Humphrey and Young entered the bank and demanded cash. At least one of the two men was armed with and brandished a handgun. As they were leaving the bank with over $9,000 in cash, one of robbers fired two shots. Young and Humphrey fled the bank in a stolen vehicle which they abandoned. Police recovered a handgun, as well as a disguise worn by Young, from the stolen getaway car.
In January of 2013, Humphrey pleaded guilty to two counts of Hobbs Act robbery, two counts of attempted Hobbs Act robbery, one count of armed bank robbery, and two counts of possessing and brandishing a firearm during and in relation to a crime of violence.
In January of 2013, Corey Miller pleaded guilty to the April 6, 2012 attempted Hobbs Act Robbery of the Sonic Restaurant and to the April 14, 2012 attempted Hobbs Act robbery of the Crown Auto Sales. He also pleaded guilty to possessing and brandishing a firearm during the attempted Hobbs Act robbery of the Crown Auto Sales. On February 3, 2014, Chief U.S. District Judge Frank D. Whitney sentenced Corey Miller to serve 11 years in prison, to be followed by 5 years of supervised release.
In January 2013, Adonte Young pleaded guilty to possessing and discharging a firearm and aiding and abetting the same, in relation to the April 13, 2012 robbery of the PNC Bank on East Boulevard. On March 31, 2014, Chief U.S. District Judge Frank D. Whitney sentenced Young to 10 years in prison, to be followed by 5 years of supervised release.
Humphrey remains in federal custody and will be turned to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI’s Safe Streets Task Force and CMPD. The prosecution for the government was handled by Assistant U.S. Attorney Elizabeth F. Greene of the U.S. Attorney’s Office in Charlotte.
California Man Sentenced to Prison for Making False Statement to BankRead the Press Release
Urbana, Ill. – A California man, Michael Allen Cox, 39, was taken into law enforcement custody when his sentencing hearing ended on May 22, 2014. U.S. District Judge Michael P. McCuskey ordered Cox to serve 27 months in federal prison for making a false statement to a bank related to a loan application to purchase a Rantoul, Ill., apartment complex. Cox was also ordered to pay $650,000 restitution to the victim bank. Further, Cox will remain on supervised release for five years following his release from prison with the condition that he cannot engage in real estate transactions without approval from U.S. Probation.
On Feb. 10, 2014, Cox entered a plea of guilty to making a false statement to the Bank of Rantoul in July 2008. Cox admitted he provided a false escrow receipt in the amount of $250,000 as proof of funding necessary to rehabilitate the Parkview Rentals Apartments located at 1400 Hobson Drive, Rantoul, Ill. Cox admitted the escrow receipt, which appeared to be a cashier’s check for $250,000 from Wells Fargo Bank, was false and no such deposit existed.
In July 2008, Cox, acting as the chief operating officer for Crane and Power Industries, Los Angeles, received a loan in the amount of $1,663,459.00 to purchase the Parkview apartments. Cox set up Evergreen Property Management to collect rent from the rental properties and to manage the rehabilitation of the property. By February 2009, Crane and Power failed to make mortgage payments and the property went into foreclosure. The apartments were in complete disrepair and deemed uninhabitable by the time the foreclosure was finalized in September 2009. Bank of Rantoul was unable to sell the property and the property was eventually deeded to the Village of Rantoul in February 2011, at a loss of approximately $2 million dollars on the property.
The case investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Ronda H. Coleman.
# # # #Buffalo Man Sentenced for Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Aaron Benn, 23, of Buffalo, N.Y., who was convicted of bank robbery, was sentenced to 43 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $1,429 in restitution.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on June 13, 2013, Turner entered M&T Bank, located at 788 Tonawanda Street in Buffalo. The defendant passed the teller a demand note threatening the use of a weapon. The teller gave Turner a specific amount of money.
On July 1, 2013, the defendant drove co-defendant Jeffrey Turner to the M&T Bank, located at 1580 Hertel Avenue in Buffalo. Turner passed the teller a demand note threatening the use of a weapon. The teller gave him a specific amount of money. Turner exited the bank with the money and got into a car driven by Benn who knew that Turner was going into the branch with the intention to rob the bank.
Jeffrey Turner was also convicted of bank robbery and sentenced to 33 months in prison.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force.Broken Arrow Man Pleads Guilty to Gratuity Received by Public OfficialRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JEFFREY REESE FISHER, age 37, of Broken Arrow, Oklahoma, pled guilty to an Information charging him with Gratuity Received by a Public Official, in violation of Title 18, United States Code, Sections 201(c)(1)(B) and 2.
The charges arose from an investigation by the United States Department of Veterans Affairs, Office of Inspector General.
The Information alleged that beginning in April 2009 and continuing through March 2010, the defendant, a public official as an employee of the Department of Veterans Affairs, otherwise than as provided by law for the proper discharge of official duties, directly and indirectly did demand, seek, receive, accept and agree to receive and accept something of value personally for and because of an official act performed and to be performed by such official, that is FISHER, as Chief of Prosthetics for the Veterans Affairs Hospital in Muskogee, Oklahoma, solicited Al’s Medical, Muskogee, Oklahoma, a medical supply company doing business with the Veterans Affairs Hospital in Muskogee, Oklahoma, to pay for construction and remodeling work on FISHER’s private residence.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. The defendant remains on bond pending sentencing.
The statutory range of punishment is not more than 2 years imprisonment and/or a fine of up to $250,000.00.
First Assistant United States Attorney Doug Horn represented the United States.
Birmingham Man Sentenced to 20 Years in Prison for Selling Heroin That Caused A DeathRead the Press Release
BIRMINGHAM -- A federal judge today sentenced a Birmingham man to 20 years in prison for selling heroin that caused the 2013 death of a Northport man, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris.
HAROLD DONNELL MIMS, 31, pleaded guilty in February to selling heroin that resulted in the death of the 28-year-old man at a Tuscaloosa apartment complex. The charge carries a mandatory minimum 20-year sentence.
"Heroin is a deadly drug, and, as today's sentence illustrates, if you sell heroin that causes someone to overdose and die, you can be prosecuted and spend at least 20 years in prison," Vance said.
"Fighting the spread of heroin use and overdose deaths requires a community-wide commitment," Vance said. "On June 10, leaders in the medical, law enforcement and education communities will present a summit in Birmingham on the wide-ranging heroin problem so that the community can begin formulating a plan of action. We look forward to being part of that work," she said.
"Today’s sentence should send a clear message to the drug traffickers who sell poison to our children," Morris said. "That message is that law enforcement will tirelessly work to investigate those who sell any amount of heroin. The use, abuse and distribution of heroin is rising at alarming rates, and, unfortunately, so is the overdose death rate," he said. "The investigation and prosecution of heroin traffickers is one of many important steps in eliminating heroin from our communities."
Authorities arrested Mims during a roundup of heroin dealers in north Alabama in September. The roundup was part of an initiative launched in 2012 by the U.S. Attorney's Office, the DEA, district attorneys, and many federal, state and local law enforcement agencies to attack the supply of heroin in the Northern District of Alabama.
Mims' sold heroin to a confidential police source and to undercover officers in 2012 and 2013, and police were monitoring his actions when he sold heroin on Feb. 21, 2013, to the Northport man who ingested it and died later that night in Tuscaloosa, according to his plea agreement.
Mims was one of 49 people who had been indicted on drug distribution charges over the first several months of 2013 and were targeted for arrest in the September sweep. Of the 49 defendants, 39 have pled guilty and one was convicted at trial. One defendant remained a fugitive until April, when he was arrested in Atlanta.The heroin community action summit, "Pills to Needles: The Pathway to Rising Heroin Deaths," will be from 8:30 a.m. to 4:30 p.m., June 10, at the University of Alabama at Birmingham National Alumni Society House, 1301 1st Ave. South. A registration form is available through the following link: http://go.usa.gov/8BGj.
The DEA investigated the cases in conjunction with many state and local agencies. Assistant U.S. Attorney L. James Weil Jr. is prosecuting the cases.
Berthold Man Sentenced on Federal Firearm ChargesRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 27, 2014, Gary Steven Hinton, of Berthold, N.D., was sentenced before U.S. District Judge Daniel L. Hovland on one count of possession of a firearm and ammunition by a convicted felon.
Judge Hovland sentenced Hinton to 51 months’ imprisonment to be followed by three years of supervised release. Hinton was also ordered to pay a $100 special assessment to the Crime Victims Fund.
On January 14, 2013, Ward County law enforcement officials responded to a report of a domestic violence incident occurring in Berthold, N.D. Upon arrival, officers found Gary Steven Hinton at the residence. Officers located two handguns in a backpack in Hinton’s vehicle. Officers also discovered that a third handgun had been disassembled. The barrel of the gun was found in Hinton’s vehicle and the remainder of the gun was found in a toolbox in the garage.
Hinton was prohibited from possessing a firearm due to felony convictions, including the following: two counts of delivery of a controlled substance in Ward County (ND) in 2008; and reckless endangerment in Ward County (ND) in 2009.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Ward County Sheriff’s Office, the North Dakota Parole and Probation Office, and the Ward County Narcotics Task Force.
Assistant U.S. Attorney David Hagler prosecuted the case.
Baton Rouge Attorney Charged with Receiving Child Pornography over A Three Year PeriodRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today the filing of a Bill of Information charging WILLIAM STEVEN MANNEAR, age 62, of Baton Rouge, Louisiana, with receiving child pornography, in violation of Title 18, United States Code, Section 2252(a)(2).
If convicted, the defendant faces a mandatory minimum of 5 years imprisonment and up to 20 years imprisonment, a period of supervised release following imprisonment of up to life, a fine of up to $250,000, restitution to any victims, and forfeiture of property facilitating his criminal activity.
The Bill of Information alleges that the defendant knowingly received child pornography using a computer for approximately three years during the period of August 2009 through September 2012.
This matter was investigated by the Federal Bureau of Investigation, the East Baton Rouge Parish Sheriff’s Office, and the Naval Criminal Investigative Service. The matter is being prosecuted by Assistant United States Attorney Chris Dippel.
NOTE: A Bill of Information is a charge by the U.S. Attorney that offenses have been committed by a defendant. The defendant is presumed innocent until and unless proven guilty at trial or through a guilty plea.
Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division Announced Her Departure from the Department Today, Effective as of June 5, 2014Read the Press Release
Kathryn Keneally, Assistant Attorney General for the Tax Division, will leave her post at the Department of Justice effective June 5, 2014, she announced today.
“Over the past two years, Kathryn Keneally has provided exemplary leadership to the Justice Department's Tax Division, setting a standard of excellence, integrity and professionalism that will guide and challenge those who carry the division’s important work into the future,” said Attorney General Eric Holder. “As a result of her determined efforts, her exceptional judgment, and the tireless work of her colleagues across the division -- and their partners nationwide -- the Tax Division has secured historic gains in our fight to protect the American people from tax fraud and financial misconduct and to hold accountable any individual, bank or other institution that violates our tax laws. Although I wish her the best as she seeks new challenges and opportunities, I will miss her wise counsel and her tireless commitment to the mission we share. I thank her for her service to the American people.”
“I have been very fortunate to work every day with the talented and extraordinary women and men of the Tax Division, who are dedicated to ensuring that our nation’s tax laws are enforced fairly and consistently,” said Assistant Attorney General Keneally. “I have benefited from the strong relationship between the division and the Internal Revenue Service, which shares our commitment to tax enforcement and voluntary tax compliance. I am grateful for the leadership and support of the Attorney General, the Deputy Attorney General and the Associate Attorney General. I will always be grateful to the President for giving me this opportunity to serve.”
During Keneally’s tenure as Assistant Attorney General, the division has obtained significant results in all areas of tax enforcement.
Under Keneally’s leadership, the division broadened its enforcement against the use of foreign bank accounts to evade U.S. taxes. In August 2013, as a result of Keneally’s efforts, the department announced a unique program to allow Swiss banks to cooperate and to resolve past wrongdoing. Through this program, which has the support of the government of Switzerland, over 100 banks that were not previously under investigation have come forward to provide valuable law enforcement information. In January 2013, Wegelin, the oldest bank in Switzerland, pleaded guilty to felony tax charges. In May 2014, the department announced a guilty plea by Credit Suisse, the second-largest bank in Switzerland. The plea included the highest ever payment in a criminal tax case. Keneally worked directly with the bank’s regulators to facilitate simultaneous enforcement action against Credit Suisse. The division’s enforcement efforts have expanded to include investigations and charges against banks, bankers, professional advisors and accountholders for using secret bank accounts in countries around the globe.
During Keneally’s tenure, the division has also focused on forcefully combating stolen identity refund fraud. In September 2012, the division announced new procedures to respond to this increasing criminal threat, and to strengthen coordination among the division, the U.S. Attorneys’ Offices and federal and local law enforcement. Prosecutions led by division attorneys have resulted in significant convictions and lengthy sentences, and have helped turn the tide in this law enforcement challenge.
The division has also continued to enjoy favorable outcomes in over 95 percent of all civil and criminal cases litigated by the division. These efforts have included a robust injunction program to stop fraudulent return preparers and scheme promoters, continued successful litigation against abusive tax shelters, civil and criminal actions to enforce employment tax laws and core mission litigation to enforce tax law, collect taxes and prosecute those who would cheat on their obligations. Under Keneally’s leadership, the division has undertaken a more comprehensive approach to civil and criminal tax enforcement.
Keneally was sworn in as the Assistant Attorney General for the Tax Division on April 6, 2012. Before joining the department, she practiced law in New York City, representing individuals and businesses before the Internal Revenue Service and the Department of Justice in criminal and civil tax cases. She also appeared and tried cases in the federal district and appellate courts, and in the U.S. Tax Court. Keneally also served as the chair of the ABA Section of Taxation's Committees on Civil and Criminal Tax Penalties and Standards of Tax Practice, and was a vice chair of the Section of Taxation. She will be returning to her home in New York.
Appeals Court Upholds Conviction of Woonsocket Drug Trafficking Conspiracy LeaderRead the Press Release
PROVIDENCE, R.I. – The First Circuit Court of Appeals today upheld the conviction of Robert O. Robinson, 32, of Woonsocket, for running a crack cocaine trafficking conspiracy out of a Woonsocket bar, announced United States Attorney Peter F. Neronha. Robinson was convicted by a federal court jury in June 2012 of conspiracy to distribute 280 grams or more of crack cocaine and ten counts of distribution of crack cocaine. He was sentenced in June 2012 by U.S. District Court Judge Mary M. Lisi to 22 years in federal prison.
In a 35-page decision, the Court of Appeals dismissed Robinson’s claims of the pre-trial deprivation of his Sixth Amendment right to counsel of his choice, coupled with a claim that the district court trial judge erred in refusing Robinson’s numerous requests for continuances. Robinson, who had previously dismissed attorneys appointed by the court, represented himself at trial.
According to the government’s evidence presented at trial, Robinson led a crack cocaine trafficking conspiracy out of Talus Bar in Woonsocket. During the course of a three-month investigation by ATF and Woonsocket Police, a confidential informant repeatedly went to the bar and placed orders for crack cocaine. The evidence showed that the drugs would be delivered by Robinson or one of his co-defendants. Many of the transactions were electronically recorded.
Four co-defendants charged in this matter pleaded guilty in federal court to drug distribution charges and were sentenced to sentences ranging from 1 year and one day to 60 months in federal prison.
The drug trafficking conspiracy was uncovered during a joint investigation by the United States Attorney’s Office, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Woonsocket Police during an unrelated firearms and drug investigation in Woonsocket. That investigation led to the arrest of sixteen individuals and the seizure of more than three-dozen firearms.
In addition to being sentenced by U.S. District Court Judge Mary M. Lisi to 240 months in prison on conspiracy and drug charges, Robinson, who was on federal supervised release at the time of his arrest in June 2011, was also sentenced to a consecutive sentence of 24 months in federal prison for violating terms of his supervised release. Robinson was on federal supervised release for a previous drug trafficking conviction.
The cases against Robinson and his co-defendants were prosecuted in U.S. District Court by Assistant U.S. Attorneys Richard W. Rose and Ly T. Chin. The matter was argued before the First Circuit Court of Appeals by Assistant U.S. Attorney Donald C. Lockhart.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Another Detroit Man Pleads Guilty to Heroin DistributionRead the Press Release
Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Alvester Thomas, age 34, of Detroit, Michigan, was sentenced to ten years and one month imprisonment as a result of his February 2014 guilty plea to possession with intent to distribute 1000 grams or more of heroin. Agents with the Huntington Violent Crime and Drug Task Force found the heroin in a safe inside the home that Thomas shared with Kristen Michelle Graley at 3008 Rear Third Avenue, Huntington, West Virginia. Graley pleaded guilty to related drug charges and was sentenced to five years’ imprisonment. Thomas admitted that the heroin was his and that he intended to sell it in the Huntington area. In addition to the heroin, agents seized 545 oxycodone pills, 73 oxymorphone pills, additional amounts of heroin and approximately three pounds of marijuana. Agents also recovered a gun from the kitchen of the home and more than $17,000 in cash.
The Honorable Robert C. Chambers presided over the case.This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Monday 26 May 2014
Two Individuals Plead Guilty to Conspiring to Launder Bribes Received in AfghanistanRead the Press Release
Memphis, TN – Jimmy W. Dennis, 44, formerly of Clarksville, TN, and James C. Pittman, 45 of Rossville, GA, have each pleaded guilty to a one-count information charging conspiracy to launder approximately $250,000 in bribe payments received from Afghan contractors in Afghanistan, announced Assistant Attorney General Leslie Caldwell of the Justice Department’s Criminal Division; United States Attorney for the Western District of Tennessee Edward L. Stanton III; and United States Attorney for the Eastern District of Tennessee William C. Killian.
According to facts revealed in each criminal information and during the respective plea hearings, Dennis, a former First Sergeant with the United States Army, was assigned to the Humanitarian Aid Yard at Bagram Air Field, Afghanistan. He served as a paying agent from March 2008 until his return to his home base at Fort Campbell, KY.
Together with a Project Purchasing Officer (PPO), Dennis worked as a team to procure supplies from local Afghan contractors. These supplies were used as part of the Commander’s Emergency Response Program for urgent humanitarian relief requirements in Afghanistan.
Soon after he began working as a paying agent, an Afghan interpreter offered Dennis a $10,000 bribe/kickback to accept certain Afghan contractors onto the list of eligible contractors. Dennis accepted the money and later accepted bribe payments from a second interpreter to allow additional vendors onto the list of eligible contractors. Dennis estimated that he personally received about $250,000 in bribes.
Dennis smuggled the money home through the U.S. Mail through a variety of means including sending home “jingle trucks” (colorfully decorated trucks or buses in Afghanistan and Pakistan). Dennis hid the money in the rear compartment of the toy trucks. Dennis also shipped a hope chest containing approximately $100,000 in cash in a concealed compartment.
While on leave, Dennis met with Pittman and asked if he could send the money to Pittman to launder through his landscaping company. Pittman agreed and began sending “salary” checks to Dennis.
Dennis pleaded guilty to the information today in Memphis before U.S. District Judge Samuel H. Mays, Jr and his sentencing is set for September 4, 2014. Pittman pleaded guilty on May 15, 2014 before U.S. Magistrate Judge William B. Carter of the Eastern District of Tennessee for his role in this conspiracy. Both men face up to 20 years in prison, a fine of up $500,000, restitution and forfeiture
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These matters are being investigated by the Special Inspector General for Afghanistan Reconstruction, the FBI, the Army Criminal Investigative Division, the Defense Criminal Investigative Service, and the Air Force Office of Special Investigation. The prosecution is being handled by Trial Attorney Daniel Butler of the Criminal Division and Assistant U.S. Attorneys Frederick Godwin of the Western District of Tennessee and James Brooks of the Eastern District of Tennessee.Cranston Man Convicted of Threatening to Assault and Kill IRS Agent and FamilyRead the Press Release
PROVIDENCE, R.I. – U.S. District Court Chief Judge William E. Smith on Friday found Andrew A. Calcione, 49, of Cranston, guilty of one count each of threatening to assault and murder an IRS revenue agent and threatening to assault and murder the agent’s family, announced United States Attorney Peter F. Neronha; J. Russell George, Treasury Inspector General for Tax Administration; and Robert E. O’Malley, Special Agent in Charge, Treasury Inspector General for Tax Administration, New York Field Division.
Chief Judge Smith delivered his verdict after taking under advisement testimony presented in a jury waived trial on May 21, 2014. Calcione faces a sentence of up to 20 years in federal prison when he is sentenced on September 11, 2014.
“The vast majority of Americans understand the payment of their federal taxes is part of their civic responsibilities. A very small number do not, and an even smaller number not only refuse to pay their taxes, but engage in the kind of outrageous, threatening, and frankly bizarre behavior involved here,” commented United States Attorney Peter F. Neronha. “This Office will continue to protect and seek justice for government officials simply trying to do their jobs on behalf of the people of the United States. Suffice it to say that we will be seeking the toughest, appropriate sentence in this case.”
"The Treasury Inspector General for Tax Administration works aggressively to protect IRS employees from individuals who seek to impair the integrity of tax administration by threatening harm or committing violent acts," said J. Russell George, the Treasury Inspector General for Tax Administration.
"Threats and assaults directed against IRS employees are investigated and pursued to the fullest extent of the law," said Special Agent in Charge O'Malley. "We will continue to place a priority on ensuring the safety of IRS employees by working towards the arrest, conviction, and sentencing of the perpetrators," he added.
According to the government’s evidence presented to the court, an IRS revenue agent was assigned to examine Calcione’s personal federal tax returns for years 2008, 2009 and 2010. As a result of the examination, the agent estimated that a $330,000 tax liability would be assessed against Calcione.
In April 2013, while continuing to work on the audit, the IRS revenue agent requested that Calcione and an ex-wife of Calcione sign a Consent to Extend Time to Assess Tax form. Calcione signed the form but his ex-wife had not. On July 12, 2013, the revenue agent left a voicemail message for Andrew Calcione inquiring as to the status of the executed form.
According to the government’s evidence and court documents, on July 15, 2013, an IRS revenue agent assigned to the Warwick office received two voicemail messages from Calcione. One of the messages contained a threat made by Andrew Calcione that if the agent called him again he would show up at the agent’s home and torture the agent, then rape and kill his wife and injure his daughter while the agent watched, before killing the agent. A second message left by Calcione requested that Calcione disregard the first message, which Calcione said was left in error.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.Knowingly and intentionally threaten to assault and murder a Revenue Agent of the IRS with intend to interfere with the official in the performance of official duties and knowingly and intentionally threaten to assault and murder a member of the immediate family of a Revenue Agent of the IRS are each punishable by statutory penalties of up to 10 years in federal prison and a fine of up to $250,000.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]
Saturday 24 May 2014
Child Pornography Charges Filed Against Perrysburg ManRead the Press Release
A Perrysburg man was indicted on four counts related to child pornography, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew B. Palm, age 34, engaged in the conduct between October 2012 and April 2013, according to the indictment. The charges relate to production, advertising, receipt and possession of child pornography.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Department of Homeland Security Investigations, Cleveland, Ohio. The case is being handled by Assistant United States Attorney Alissa M. Sterling
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Friday 23 May 2014
Wheeling Park Students Named Winners of Drug Free Clubs Essay ContestRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — Two Wheeling Park students were recognized today as the winners of the annual Drug Free Clubs of America essay contest. Senior Kerri Smith won first place and was awarded a $500 college scholarship and a special award from the Department of Justice. Shayla McFarland was the runner-up in the contest, which asked club members to discuss the negative impact that marijuana can have upon young people.
Honorable mention winners included Betsy Brossman and Maggie Childers of Wheeling Park High School; Hannah Mozingo of Wheeling Central Catholic High School; Lauren Cline and Shelby Sands, Magnolia High School; and Katelin Bales, Cameron High School.
Drug Free Clubs of America has chapters throughout Northern West Virginia which help students to remain drug-free. The group rewards good choices and empowers members with effective prevention tools to keep them on the right track. Members voluntarily submit to random drug screenings throughout the school year.
William Ihlenfeld, II, United States Attorney for the Northern District, David Robinson of the Wheeling Elks Lodge No. 28, and Bruce Archer of Wheeling Hospital presented the awards to the winners.Pictured left to right
Wheeling Park Senior Kerri Smith & U.S. Attorney William Ihlenfeld, IIWeek in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS (before Magistrate Judge Roger B. Cosbey:)
Courtney Crusoe, 24, of Fort Wayne, Indiana pled guilty to the felony offense of conspiracy to commit money laundering. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Internal Revenue Service.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
Alejandro Luna, 26, of Fort Wayne, Indiana pled guilty to the felony offense of intent to distribute 5 kilograms or more of cocaine. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Calvin L. Miller, 23, of Indianapolis, Indiana pled guilty to the felony offenses of armed bank robber, brandishing a firearm during and in relation to a crime of violence and forcibly assaulting and impeding a postal employee. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the United States Postal Inspection Service, Northeast Indiana Federal Bank Robbery Task Force, Allen County Police Department, Fort Wayne Police Department and Indiana State Police.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Marcel Banks, 24, of Fort Wayne, Indiana pled guilty to the felony offense of bank fraud. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Internal Revenue Service.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
Brandon S. Keister, 22, of Russell, Kentucky pled guilty to the felony offense of theft/burglary of a licensed firearms dealer. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Tina Nommay.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS (before District Judge Theresa L. Springmann:)
Darnell Bontempo, 31, of Fort Wayne, Indiana was sentenced to 18 months imprisonment after pleading guilty to the felony offense of being a violent felon in possession of body armor.According to documents filed in this case, on May 31, 2013 members of the Northeast Indiana Federal Bank Robbery Task Force met with Bontempo regarding his reported stolen vehicle which was used in a robbery.When detectives arrived at the residence, Bontempo was found to be in possession of a ballistic vest.Further investigation revealed that Bontempo has a prior conviction for a crime of violence. In 2001, Bontempo pointed a semi-automatic handgun at another person at close range during an attempted auto theft. As result, Bontempo was charged with, and convicted of Criminal Recklessness as a Class D Felony. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Federal Bank Robbery Task Force.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Crissy Till, 38, of Fort Wayne, Indiana was sentenced to 2 years probation and to pay $51,949.18 in restitution after pleading guilty to the felony offense of theft/embezzlement of United States property.According to documents filed in this case, Till continued to receive and spend Social Security money paid to her father despite his death in February 2012. This case was the result of an investigation by the Social Security Administration and the Office of the Inspector General.This case was prosecuted by Assistant United States Attorney Tina Nommay
Leobardo Gaona, 40, of Huntertown, Indiana was sentenced to 10 months imprisonment (time served) after pleading guilty to the felony offense of conspiracy to distribute and possess with the intent to distribute less than 500 grams of a mixture and substance containing a detectable amount of cocaine.According to documents filed in this case, between July, 2011 and February, 2013 investigation revealed the existence of a large scale narcotics distribution conspiracy operating in northeastern Indiana and southern lower Michigan.Through the use of several wiretaps, it was discovered that an individual by the name of Leobardo Gaona was obtaining quantities of cocaine. This case was the result of an investigation by FBI Fort Wayne Safe Streets Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.The Fort Wayne Safe Streets Task Force is comprised of FBI agents and officers from the Indiana State Police, Allen County Police Department, and Fort Wayne Police Department.The New Haven Police Department, Steuben County Sheriff's Department, Elkhart County Interdiction and Covert Enforcement Unit, South Bend Police Department, and IMAGE Drug Task Force assisted with this investigation.This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
J.D. Richey, 65, of Fort Wayne, Indiana was sentenced to 2 years probation and to pay $7,300.00 in restitution after pleading guilty to the felony offense of embezzlement of labor organization funds.According to documents filed in this case, J.D. Richey worked for Norfolk Southern Railway.As secretary-treasurer, Richey was responsible for taking minutes and handling the union’s finances, including maintaining the financial books and records, and preparing and signing checks.The union had one checking account located and Richey was the sole signatory on the account.The bank statements were sent to Richey at this residence.During a March 2011 audit of the Union’s books, a National Division Auditor discovered that Richey had written a check $7,300 to himself and negotiated it, without the knowledge or authorization of the Union.In his discussion with union officials after discovery of the $7,300 check, Richey stated that he had intended the money to be a short term loan that he knew he had committed a wrong against the Union and that he would try to make amends. The National Division gave Richey an opportunity to repay the Union, but Richey failed to repay the money by an agreed upon deadline. This case was the result of an investigation by the Department of Labor .This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
Week in Review - HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
- Michael Nash, 39, of Lake Station, Indiana, pled guilty before Chief Judge Philip Simon to the felony offense of conspiracy to defraud the United States with respect to claims (i.e. preparing tax returns known to be false so as to increase the refund amount) and aggravated identity theft. Sentencing has been set for 10/16/14. This charge was filed as a result of an investigation by the Internal Revenue Service-Criminal Investigations. This case is being prosecuted by Assistant United States Attorney Joshua Kolar.
- Chauncey Hackett, Jr., 23, of East Chicago, Indiana, pled guilty before Chief Judge Philip Simon to the felony offense of possession of a firearm by a convicted felon. Sentencing has been set for 9/3/14. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case is being prosecuted by Assistant United States Attorney Dean Lanter.
- Otis Irvin, Jr., 40, of Gary, Indiana, pled guilty before Chief Judge Philip Simon to the felony offense of distribution of crack cocaine. This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force. This case is being prosecuted by Assistant United States Attorney Dean Lanter.
- John Lytle, 37, of Gary, Indiana, pled guilty before Senior District Judge James Moody to the felony offenses of distribution of crack cocaine and possession of a firearm by a convicted felon. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Thomas McGrath.
- Robert Lemon, 49, of Michigan City, Indiana, pled guilty before District Judge Joseph Van Bokkelen to the felony offense of mail fraud. Sentencing has been set for 8/27/14. This charge was filed as a result of an investigation by the United States Postal Inspection Service and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Toi Houston.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
- Andrew Bolden, 30, of Hammond, Indiana, was sentenced by Chief Judge Philip Simon to 30 months of imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon. This case was a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney David Nozick.
- Keyosha Toney, 26, of East Chicago, Indiana, was sentenced by Senior District Judge James Moody 1 year of probation to include 8 months of home detention after pleading guilty to the felony offense of making false statements in the purchase of a firearm. According to documents filed in this case, Toney straw-purchased three firearms for another individual whom she knew dealt marijuana. She purchased two additional firearms for herself and lied about her residence address. Finally, Toney purchased all of the firearms while an unlawful user of marijuana and was untruthful about her marijuana use on the forms for purchasing the firearms as well. This case was a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Dean Lanter.
- Thomas Grad, 57, of Frankfort, Illinois, was sentenced by Senior District Judge James Moody to 1 year of probation and a fine of $1000.00 after pleading guilty to the felony offense of knowingly operating a source in violation of a pretreatment standard (Clean Water Act), that is, he caused to be introduced, hauled and trucked pollutants into a publicly owned treatment works operated by the Hammond Sanitary District. Grad was the Operations Manager at Tierra Environmental & Industrial Services, Inc. This case was a result of an investigation by the Environmental Protection Agency-Criminal Investigations and the Indiana Department of Environmental Management Criminal Enforcement. This case was prosecuted by Assistant United States Attorney Toi Houston.
- Joiey Jones, 36, of East Chicago, Indiana, was sentenced by Chief Judge Philip Simon to 12 months and 1 day imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon. Jones has a prior felony conviction for possession with the intent to distribute crack cocaine. This case was a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Chicago Police Department. This case was prosecuted by Assistant United States Attorney Thomas McGrath.
Week in Review - Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEA
- Courtney Crusoe, 24, of Fort Wayne, Indiana pled guilty to the felony offense of conspiracy to commit money laundering. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Internal Revenue Service. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
- Alejandro Luna, 26, of Fort Wayne, Indiana pled guilty to the felony offense of intent to distribute 5 kilograms or more of cocaine. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Anthony Geller.
- Calvin L. Miller, 23, of Indianapolis, Indiana pled guilty to the felony offenses of armed bank robber, brandishing a firearm during and in relation to a crime of violence and forcibly assaulting and impeding a postal employee. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the United States Postal Inspection Service, Northeast Indiana Federal Bank Robbery Task Force, Allen County Police Department, Fort Wayne Police Department and Indiana State Police. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Anthony Geller.
- Marcel Banks, 24, of Fort Wayne, Indiana pled guilty to the felony offense of bank fraud. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Internal Revenue Service. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
- Brandon S. Keister, 22, of Russell, Kentucky pled guilty to the felony offense of theft/burglary of a licensed firearms dealer. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Tina Nommay.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Darnell Bontempo, 31, of Fort Wayne, Indiana was sentenced to 18 months imprisonment after pleading guilty to the felony offense of being a violent felon in possession of body armor. According to documents filed in this case, on May 31, 2013 members of the Northeast Indiana Federal Bank Robbery Task Force met with Bontempo regarding his reported stolen vehicle which was used in a robbery. When detectives arrived at the residence, Bontempo was found to be in possession of a ballistic vest. Further investigation revealed that Bontempo has a prior conviction for a crime of violence. In 2001, Bontempo pointed a semi-automatic handgun at another person at close range during an attempted auto theft. As result, Bontempo was charged with, and convicted of Criminal Recklessness as a Class D Felony. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Federal Bank Robbery Task Force. This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
- Crissy Till, 38, of Fort Wayne, Indiana was sentenced to 2 years probation and to pay $51,949.18 in restitution after pleading guilty to the felony offense of theft/embezzlement of United States property. According to documents filed in this case, Till continued to receive and spend Social Security money paid to her father despite his death in February 2012. This case was the result of an investigation by the Social Security Administration and the Office of the Inspector General. This case was prosecuted by Assistant United States Attorney Tina Nommay
- Leobardo Gaona, 40, of Huntertown, Indiana was sentenced to 10 months imprisonment (time served) after pleading guilty to the felony offense of conspiracy to distribute and possess with the intent to distribute less than 500 grams of a mixture and substance containing a detectable amount of cocaine. According to documents filed in this case, between July, 2011 and February, 2013 investigation revealed the existence of a large scale narcotics distribution conspiracy operating in northeastern Indiana and southern lower Michigan. Through the use of several wiretaps, it was discovered that an individual by the name of Leobardo Gaona was obtaining quantities of cocaine. This case was the result of an investigation by FBI Fort Wayne Safe Streets Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Fort Wayne Safe Streets Task Force is comprised of FBI agents and officers from the Indiana State Police, Allen County Police Department, and Fort Wayne Police Department. The New Haven Police Department, Steuben County Sheriff's Department, Elkhart County Interdiction and Covert Enforcement Unit, South Bend Police Department, and IMAGE Drug Task Force assisted with this investigation. This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
- J.D. Richey, 65, of Fort Wayne, Indiana was sentenced to 2 years probation and to pay $7,300.00 in restitution after pleading guilty to the felony offense of embezzlement of labor organization funds. According to documents filed in this case, J.D. Richey worked for Norfolk Southern Railway. As secretary-treasurer, Richey was responsible for taking minutes and handling the union’s finances, including maintaining the financial books and records, and preparing and signing checks. The union had one checking account located and Richey was the sole signatory on the account. The bank statements were sent to Richey at this residence. During a March 2011 audit of the Union’s books, a National Division Auditor discovered that Richey had written a check $7,300 to himself and negotiated it, without the knowledge or authorization of the Union. In his discussion with union officials after discovery of the $7,300 check, Richey stated that he had intended the money to be a short term loan that he knew he had committed a wrong against the Union and that he would try to make amends. The National Division gave Richey an opportunity to repay the Union, but Richey failed to repay the money by an agreed upon deadline. This case was the result of an investigation by the Department of Labor. This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
Warren Man Sentenced to More Than Six Years in Federal Prison for Robbery of Kent Bank in FreeportRead the Press Release
ROCKFORD — A Warren, Ill. man was sentenced today in federal court for armed bank robbery. The defendant, Derrick W. Holmes, 24, was sentenced by U.S. District Judge Frederick J. Kapala to 76 months in federal prison for the robbery of Kent Bank, 996 West Fairview Road, Freeport, Ill., on Sept. 26, 2013. The court also ordered Holmes to pay restitution of $6,338 to Kent Bank.
Holmes pled guilty to the charge on Jan. 27, 2014. According to the written plea agreement, on Sept. 26, 2013, at approximately 1:05 p.m., Holmes entered Kent Bank while wearing gloves, dark glasses, and a blue knit stocking type hat covering his face. Holmes approached the teller counter, raised his arm and pointed a BB gun pistol at an employee of Kent Bank. Holmes told the teller and the other tellers present to give him all their money, put their teller drawers on the counter and that no one will get hurt. The teller pulled a teller drawer and put it on the counter in front of Holmes. Holmes took $6,338 out of the teller drawer stuffed it in his pants pockets. Holmes then walked out of the bank and fled on a motorcycle.
Holmes also admitted in his written plea agreement that on Sept. 26, 2013, he attempted to enter the Community Bank, 401 South Church Street, Orangeville, Ill., in order to rob it but was unable to enter the bank because bank employees locked the doors when they saw Holmes approaching the bank wearing a navy blue ski mask. Holmes has been in federal custody since his arrest by the Nashville, Tenn. Police Department on October 6, 2013.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; David Snyders, Sheriff of Stephenson County; and Mark Rohloff, Sheriff of Green County, Wisconsin.
The government was represented by Assistant U.S. Attorney Joseph C. Pedersen.
Wakpala Man Charged with Felon in Possession of FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Firearm.
Ronald Moran, Sr., age 36, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on May 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 January 9, 2014, Moran, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a firearm which had been shipped and transported in interstate and foreign commerce.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Moran was released on bond pending trial. A trial date has not been set.
Twenty South Florida Residents Charged in Wire Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Paula A. Reid, Special Agent in Charge, United States Secret Service, announce that Alexander Nicholas Katsabanis Jr, 23, Dimitris Nicholas Katsabanis, 25, Christian Fernando Dume, 32, Christine Eliz Marrero, 24, Javier Osvaldo Labrador, 26, Dietter Navarro, 32, Yurien Martinez Gallardo, 34, Keilyn Nicole Gonzalez, 21, Felix Marino Garcia Custodio, 32, Desiree Marie Basanta, 29, Jonathan Gabriel Gonzalez, 24, Jade Amber Garcia, 27, Melissa Rivas, 25, Dominga Ivett Guerrero, 50, Johan Alvarez, 20, Gustavo Andres Jimenez, 26, Daniel Allen Limbacher, 31, all of Miami, Noel Sebastian Cisneros, 23, of Homestead, Mirelys Reyes, 19, of Hialeah, and Yasael Aquit, 29, of Tampa, have been charged with varied counts of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, wire fraud, in violation of Title 18, United States Code, Section 1343, conspiracy to commit access device fraud, Title 18, United States Code, Section 1029(b)(2), access device fraud, Title 18, United States Code, Section 1029(a)(2), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to the indictment, between August 2012 and July 2013, A. Katsabanis, D. Katsabanis, and Dume, secured and caused other co-conspirators, including Labrador, Limbacher, and Gallardo, to secure the personal identification information (PII) of cellular telephone subscribers, including those of Verizon and AT&T. The customers’ PII included the customer’s name, cellular telephone number, date of birth, and the last four digits of their Social Security Number. A. Katsabanis, D. Katsabanis, Dume, and their co-conspirators, then made and caused to be made telephone calls to Verizon and AT&T, in order to use the unlawfully acquired PII, to add additional users on the existing, legitimate customer accounts, in order to purchase subsidized telephones (iPhones), without the customers’ knowledge and authorization. The retail price for each cellular telephone was approximately $550.00 to $649.00. Customers, and their authorized users, were entitled to purchase the cellular phones at a discounted price of approximately $200.00. A. Katsabanis, D. Katsabanis, Dume, and others, recruited into the scheme various individuals who served as “runners”, who having been fraudulently added as purported “authorized users” on the existing, legitimate accounts of Verizon and AT&T customers, purchased cellular telephones (iPhones) at discounted prices. These purchases were made in the Southern District of Florida, as well as other locations in Florida, California, and Nevada.
Marrero, Labrador, Navarro, Gallardo, K. Gonzalez, Custodio, Basanta, J. Gonzalez, Garcia, Rivas, Cisneros, Guerrero, Reyes, Alvarez, Jimenez, Limbacher and Aquit served as “runners” for the fraudulent scheme. The runners would deliver their purchases to A. Katsabanis, D. Katsabanis, Dume, and others, and be paid approximately $100.00 for each fraudulently acquired telephone. As a result of the scheme, the conspirators enriched themselves from the profits and payments, while the cellular telephone providers, Verizon and AT&T, would incur a loss based on the difference between the retail price and the subsidized cost or discounted price.
During the course of the scheme, 860 Verizon customer accounts were fraudulently accessed, and individuals, including the co-conspirators, were added as authorized users on existing customer accounts, in order to purchase cellular telephones at a discounted price. Approximately 1,249 cellular devices (telephones) were fraudulently purchased. As a result of the fraudulent scheme, Verizon incurred a loss of more than $545,500.
Mr. Ferrer commended the investigative efforts of the United States Secret Service and the Miami-Dade Police Department Economic Crimes Bureau. The case is being prosecuted by Assistant U.S. Attorney Sarah J. Schall.
An indictment is only an accusation, and the defendants are presumed innocent until proven guilty.
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.
Ten Individuals Indicted in $14.5 Million Telemarketing ScamRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that a federal grand jury returned ten one-count Indictments for conspiracy to commit wire fraud and mail fraud against the following individuals:
Suzanne W. Schmier, 42, of Glen Rock, NJ
Wesley S. Aldred, 26, of Palm Beach Gardens, FL
Kelsey E. Wagner, 25, of Delray Beach, FL
Roy E. Rock, 34, of Wilmington, NC
Theresa M Rafferty, 28, of Delray Beach, FL
Virginia S. Miller, 27, of Tequesta, FL
Bradley D. Kartman, 41, of Deerfield Beach, FL
Lev M. Derbaremdiker, 28, of Delray Beach, FL
David Brian Tibbs, 50, of Wytheville, VA
Michelle K. Krapac, 45, of Merrillville, INThese individuals were employees of C&G Marketing Associates, LLC, a Florida corporation which, in 2009, defrauded consumers across the continent using the fictitious name, Premier Timeshare Solutions (“PTS”). PTS telemarketers worked in an office building in West Palm Beach, Florida. From there, they placed phone calls to timeshare owners, falsely representing or implying that the company had found someone who wanted to buy the person’s timeshare. In exchange for an advance fee that typically exceeded $1,000, the PTS telemarketers promised to handle all the details of the sale and send the victims the proceeds after closing. Once the victims had paid the advance fee, however (usually by giving the telemarketer their credit card information), the fraudulent company simply pocketed the money. There were no interested buyers, the closings did not occur, and the timeshares were not resold.
Victims who called PTS to check on the status of their transactions were directed to customer service representatives, managed by Jose Goyos, whose goal was to perpetuate the fraud by delaying and discouraging chargebacks and complaints. To accomplish that goal, representatives would lie to victims, assuring them that despite some phony, unexpected delay, their timeshare unit was still going to be sold. Repeat callers were given a series of bogus excuses, none of which had any basis in fact. By instilling a false sense of hope, PTS aimed to delay the chargeback process beyond the time that most credit card issuers allow for disputes. Goyos was indicted in September 2013 and sentencing to 96 months of imprisonment on May 2, 2014.
Several others have been charged in connection with PTS and two defendants have pled guilty. During a recent sentencing of Goyos, the Honorable David R. Herndon, Chief Judge of the United States District Court for the Southern District of Illinois, called timeshare resale fraud an industry that recruits recovering drug addicts to steal from the financially vulnerable – “the most despicable scam in the world.”
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the Government must prove guilt beyond a reasonable doubt.
United States Attorney Wigginton again warned the public: “I urge all consumers to follow this tried and true advice: if you get a call from someone you do not know and trust, promising something that sounds too good to be true, it is a scam. Hang up. Then, please report the call to the proper authorities.”
This prosecution is one of nearly 50 timeshare resale fraud prosecutions brought in the Southern District of Illinois over the past four years. The case is part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service, the Florida Attorney General’s Office and the Florida Department of Agriculture. The prosecution of the cases is being handled by Special Assistant United States Attorney Michael Hallock and Assistant United States Attorney Liam Coonan.
Tampa Couple Sentenced to Federal Prison for String of Bank RobberiesRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington sentenced Cara Lee Williams (29, Tampa) yesterday to 5 years in federal prison for conspiracy to obstruct, delay, or affect commerce by robbery. On May 14, 2014, U.S. District Judge Elizabeth A. Kovachevich sentenced Immanuel Lee Williams (29, Tampa) to 5 years and 10 months in federal prison for the same charge. Both were ordered to pay restitution in the amount of $55,526.00 to the victim financial institutions and to forfeit $48,476.25 in proceeds obtained during the conspiracy. The Williamses pleaded guilty on January 21, 2014.
According to court documents, the Williamses conspired to rob federally insured financial institutions between December 2012 and November 2013. During that period, they carried out 15 bank robberies in the Middle District of Florida and in Alabama. As part of the scheme, Cara Lee Williams prepared demand notes and acted as the get-away driver for her husband, Immanuel Lee Williams, who would enter the bank and pass the note to the teller. The note typically indicated that the perpetrator possessed a gun. For one of the robberies, the roles were reversed and Cara Lee Williams entered the bank and passed the demand note to the teller, while her husband waited outside in the get-away vehicle. The Williamses used the proceeds from the robberies to pay bills and gamble at casinos. They were apprehended on November 7, 2013.
This case was investigated by the Federal Bureau of Investigation, Tampa Police Department, Polk County Sheriff’s Office, Hillsborough County Sheriff’s Office, Auburndale Police Department, Lee County Sheriff’s Office, Sumter County Sheriff’s Office, Orange County Sheriff’s Office, and Ocala Police Department. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
Stockton Man Is Sentenced to More Than 11 Years in Prison for Conspiring to Rob A “Stash House”Read the Press Release
SACRAMENTO, Calif. — Rathanak Van, 28, of Stockton, was sentenced on Thursday by United States District Judge Morrison C. England Jr. to 11 years and three months in prison for conspiring to commit a robbery and conspiring to possess with intent to distribute more than five kilograms of cocaine, United States Attorney Benjamin B. Wagner announced.
According to court documents, from December 4, 2012 through February 13, 2013, Van agreed to lead in the planning of robbery of a “stash house”— a residence in Stockton where he and other members of the conspiracy believed that individuals were holding a large quantity of cocaine. Van was arrested before he could follow through with the planned robbery.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Stockton Police Department. Assistant United States Attorney Paul Hemesath prosecuted the case.
"As the federal agency charged with fighting violent crime ATF is committed to working with our local partner the Stockton Police Department to bring to justice those who commit these violent acts," said Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Joseph M. Riehl. "Today’s sentencing removes another criminal who was willing to participate in committing an armed robbery and subject the public to danger.”
Two of Van’s alleged co-conspirators have been sentenced, and another co-defendant is awaiting further court proceedings.
This case is the product of “Operation Gideon IV,” an ATF initiative targeting violent criminals and criminal organizations operating in Stockton. Experienced undercover ATF special agents from throughout the U.S. were deployed with local ATF agents and Stockton police officers to conduct covert investigations into some of the most violent criminals in Stockton and surrounding areas. As a result of this partnership, 52 federal defendants were charged and 19 state prosecutions. The operation also resulted in the seizure of 84 firearms, 36 pounds of methamphetamine, and 21 pounds of marijuanaShrewsbury Man Pleads Guilty to Social Security FraudRead the Press Release
BOSTON - A Shrewsbury man pleaded guilty in U.S. District Court in Worcester today to taking $57,948 in Social Security payments to which he was not entitled.
George Bergstrom, 60, pleaded guilty to theft of public money. Earlier this month, Bergstrom was charged in a felony information. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for August 20, 2014.
In 2009, Bergstrom’s mother died, but her Social Security payments continued to be directly deposited into a joint bank account in her name and Bergstrom’s name. From 2009 to 2013, Bergstrom continued to receive and spend his deceased mother’s benefits of more than $1,100 per month. The payments should have ceased upon the death of Bergstrom’s mother and he was not entitled to receive this money.
United States Attorney Carmen M. Ortiz and Scott Antolik, Special Agent in Charge of the U.S. Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Sentencing for May 16 - 19, 2014Read the Press Release
Angel Diaz-Hernandez, 27, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on May 19, 2014, for illegal re-entry of a previously deported alien into the United States. Diaz-Hernandez was arrested in Jackson, Wyoming. He received time served, plus 10 days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Christian Alberto Zamorano-Duran, 27, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on May 19, 2014, for illegal re-entry of a previously deported alien into the United States. Zamorano-Duran was arrested in Casper, Wyoming. He received time served, plus 10 days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
James Hibbler, 59, of Casper, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on May 19, 2014, for possession of child pornography. Hibbler was arrested in Casper, Wyoming. He received 120 months imprisonment, to be followed by a life-term of supervised release, and was ordered to pay a $500.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Anthony Trujillo, 28, of Westminster, Colorado, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on May 16, 2014, for conspiracy to possess with intent to distribute, and to distribute, between 350-500 grams of a mixture or substance containing a detectable amount of methamphetamine. Trujillo was arrested in Westminster, Colorado. He received 60 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Royal Oak Man Pleads Guilty to Role InScheme to File False Tax Returns UsingStolen IdentitiesRead the Press Release
A resident of Royal Oak, Michigan, pleaded guilty today to his involvement in a scheme to file fraudulent tax returns with the Internal Revenue Service, United States Attorney Barbara McQuade announced today.
McQuade was joined in the announcement by Carolyn Weber, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation.
Shane Bateman, 42, entered the guilty plea before U.S. District Judge Gershwin Drain.
According to court records, from September 2011 through April 2012, Bateman obtained mailing addresses and personally identifiable information of numerous individuals and provided the information to others, who used the information to prepare and file false tax returns with the Internal Revenue Service. The returns requested tax refunds, and the refunds were loaded onto Turbo Tax Visa debit cards. Bateman and others used the cards at ATMs in the Detroit area to collect cash via ATM withdrawals. Bateman’s cash withdrawals totaled approximately $186,000. The entire scheme involved approximately 180 false tax returns, some using stolen identities. The returns requested a total of approximately $1.7 million in refunds.
“Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers,” said IRS Criminal Investigation Acting Special Agent in Charge Carolyn Weber. “Investigating refund fraud and identity theft remains a top priority for IRS.”
Bateman’s sentencing was set for October 2. The crime to which he pleaded guilty carries a maximum term of imprisonment of ten years and a fine of $250,000. In addition, Bateman will be required to pay restitution to the IRS in the amount of $185,828.
The case was investigated by special agents of the IRS Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney Stephen Hiyama.
Rosebud Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Jeremy Iron, age 29, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 16, 2014, Iron assaulted the victim with a dangerous weapon, that is, shod feet, and the assault resulted in serious bodily injury to the victim.
The charge is merely an accusation and Iron 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.
Iron was released to a third party custodian pending trial. A trial date has not been set.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Kermit Oris Bear Stops, age 52, was indicted on November 14, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of at least 5 years of supervised release, and a mandatory $100 special assessment to the Federal Crime Victims Fund will be assessed. Restitution may also be ordered.
The Indictment alleges that between September 8, 2013, and November 13, 2013, Bear Stops knowingly failed to register and update his registration.
The charge is merely an accusation and Bear Stops is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Bear Stops was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for July 15, 2014.
Parmelee Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Matthew Horned Eagle, age 24, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 April 7, 2014, Horned Eagle assaulted two victims with a dangerous weapon, that is, a sword, and the assault resulted in serious bodily injury to both victims.
The charge is merely an accusation and Horned Eagle 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 Marie H. Ruettgers is prosecuting the case.
Horned Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nine Individuals Charged with Stealing Approximately $1.4 Million as A Result of Operation TombstoneRead the Press Release
Jacksonville, Orlando, and Ocala, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of nine separate indictments charging individuals with stealing approximately $1.4 million in federal benefits to which they were not entitled. The penalty for stealing federal benefits is up to ten years in federal prison per count. These nine Middle District of Florida cases arose as the result of Operation Tombstone, an operation initiated and overseen by the Social Security Administration, Office of Inspector General and the investigative work of Special Agents with multiple Offices of Inspectors General of various federal agencies and departments. Currently, 73 federal offices of inspectors general exist under the Inspector General Act of 1978. The offices employ special agents (criminal investigators) and auditors. Their activities include the detection and prevention of fraud, waste, abuse, and mismanagement of the government programs and operations within their parent organizations.
Linda Sue Bellamy (60, Jacksonville) is charged with one count of stealing government property. According to the indictment returned in her case, between October 2005 and October 2013, Bellamy stole approximately $62,518 of government benefits from the Social Security Administration.
According to the indictment returned in her case, Sonia Destine Casbar (57, Ocala) is charged with one count of stealing government property. The indictment alleges that between May 2010 and July 2013, Casbar stole approximately $45,111 of government benefits from the Social Security Administration.
Angela Ann Driggers (53, Callahan) is charged with four counts of stealing government property. The indictment in her case alleges that between April 2005 and December 2013, Driggers stole approximately $131,078.32 of government benefits from the Social Security Administration and the Federal Medicaid Health Care Benefit Program.
According to the indictment returned in her case, Adriyanna Herdener (37, Melbourne) is charged with one count of stealing government property and one count of social security fraud. The indictment alleges that between April 2005 and December 2013, Herdener stole approximately $21,712 of government benefits from the Social Security Administration. Herdener faces a maximum penalty of 10 years in federal prison for stealing government property, and up to 5 years in federal prison for the fraud charge.
According to the indictment returned in her case, Camilla Ann Winterling (57, Liberty Township, Ohio) is charged with four counts of stealing government property. The indictment alleges that between April 1993 and February 2014, Winterling stole a total of approximately $472,788.64 of government benefits from the Social Security Administration and the Department of Veterans Affairs.
Sandra McCray (57, Jacksonville) is charged with two counts of stealing government property. Between July 8, 1995 and February 2014, McCray allegedly stole approximately $142,724.00 of government benefits from the Social Security Administration.
According to the indictment returned in his case, Rickey Nelson (60, Jacksonville) is charged with two counts of stealing government property. The indictment alleges that between April 1999 and March 2014, Nelson stole approximately $205,530.00 of government benefits from the Social Security Administration.
Steven Hutka (67, Jacksonville) is charged with one count of stealing government property. The indictment alleges that between April 1999 and March 2014, Hutka stole approximately $69,351.00 of government benefits from the Social Security Administration.
According to the indictment returned in his case, Daniel Ovshak (64, St. Johns) is charged with two counts of stealing government property. The indictment alleges that between July and December 2013, Ovshak stole approximately $267,701.00 of government benefits from the Social Security Administration.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
Agencies conducting these investigations included the Social Security Administration, Office of Inspector General, the Veterans Administration, Office of Inspector General, the Department of Health and Human Services, Office of Inspector General, and the United States Secret Service. The cases will be prosecuted by Assistant United States Attorneys throughout the Middle District of Florida, including Robert Bodnar, Jackson Boggs, Mac Heavener, and Jay Taylor.
Newport News Man Sentenced to Thirty Years for His Involvement in Hampton ShootoutRead the Press Release
NEWPORT NEWS, Va. – Ryan Fultz, 33, of Newport News, Va., was sentenced yesterday to a total of 30 years in prison following his convictions for possessing and discharging a firearm during a drug trafficking crime, possession with intent to distribute cocaine, and felon in possession of a firearm.
Dana J. Boente, United States Attorney for the Eastern District of Virginia, Charles E. Smith, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and, Terry L. Sult Hampton Police Chief, made the announcement after sentencing by United States District Judge Henry C. Morgan, Jr.
Fultz was indicted on March 13, 2013, on charges of possession with intent to distribute cocaine base, commonly known as “crack” cocaine, possession, brandishing and discharging a firearm during a drug trafficking crime, and felon in possession of a firearm. On February 7, 2014, a jury convicted him on all charges following a four day jury trial.
According to court records, and evidence at trial, on December 27, 2011, Fultz was present during a planned drug deal in the Wal Mart parking lot located at Cunningham Drive, Hampton, Va. Fultz provided back-up to a drug dealer and when a dispute arose, he participated in a shootout with two other individuals. Fultz discharged a Bushmaster AR-15 high powered rifle during the shooting in which more than 30 shots were exchanged as evidenced by shell casings recovered at the scene. Fultz is the third participant federally prosecuted as a result of this incident.
This case was investigated by the FBI Safe Streets Task Force, Hampton Police Division and ATF’s Washington Field Division. Special Assistant United States Attorney Timothy R. Murphy prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Navy Military Sealift Command Official and Businessman Charged with BriberyRead the Press Release
Scott B. Miserendino, Sr., 55, a former government contractor who performed work for the United States Navy Military Sealift Command , and Timothy S. Miller, 57, a businessman whose company sought contracting business from the Military Sealift Command, were indicted today on charges including conspiracy and bribery.
Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, Acting U.S. Attorney Dana J. Boente of the Eastern District of Virginia, Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service Mid-Atlantic Field Office (DCIS), Acting Executive Assistant Director Charles T. May Jr. of the Naval Criminal Investigative Service (NCIS) Atlantic Operations and Special Agent in Charge Royce E. Curtin of the FBI’s Norfolk Field Office made the announcement.
A federal grand jury in the Eastern District of Virginia returned a six-count indictment today that charges Miserendino with one count of conspiracy to commit bribery, one count of bribery, one count of conspiracy to commit obstruction of criminal investigations and to commit tampering with a witness, and one count of obstruction of criminal investigations. The indictment charges Miller with one count of conspiracy to commit bribery and two counts of bribery of a public official.
According to the indictment, Miserendino was a government contractor at the Military Sealift Command, the leading provider of transportation for the United States Navy. The indictment alleges that Miserendino worked closely with another Military Sealift Command official, Kenny E. Toy, in managing telecommunications projects and in influencing the award of United States government contracts, subcontracts, and task orders.
The indictment alleges that Miserendino solicited and accepted bribes, in the form of cash, a flat screen plasma television, a wine refrigerator, and other items, in exchange for providing favorable treatment to two companies in connection with United States government contracts.
Between March 2005 and 2007, Miserendino allegedly accepted cash payments of approximately $3,000 per month from agents of Company A, a corporation that sought contracting business from the Military Sealift Command. In total, Miserendino accepted approximately $100,000 in bribes from Company A’s agents.
In addition, the indictment alleges that, in February 2009, Miller and his business partner Dwayne A. Hardman established Company B, a government contracting corporation located in Chesapeake, Virginia, to provide support to the Military Sealift Command on various telecommunications projects. Shortly thereafter, in May 2009, Miller and Hardman allegedly paid cash bribes totaling $50,000 to Miserendino and Toy in exchange for favorable treatment in connection with U.S. government contracts, subcontracts, and task orders.
In addition, as alleged in the indictment, Miserendino obstructed justice and tampered with a witness by causing $85,000 to be paid to Hardman in an attempt to prevent or delay him from reporting the bribery scheme to law enforcement authorities.
Prior to this indictment, five other individuals pleaded guilty in connection with the bribery scheme. On Feb. 12, 2014, Kenny E. Toy, former Afloat Programs Manager for the Military Sealift Command N6 Command, Control, Communication and Computer Systems Directorate, pleaded guilty to bribery and admitted to receiving more than $100,000 in cash bribes in exchange for providing favorable treatment to two companies in connection with U.S. government contracts. On Feb. 18, 2014, Dwayne A. Hardman, Miller’s business partner, pleaded guilty to bribery and admitted to providing more than $140,000 in cash bribes to Toy and Miserendino. On Feb. 19, 2014, Michael P. McPhail pleaded guilty to conspiracy to commit bribery and agreed to forfeit $57,000. On March 5, 2014, Roderic J. Smith pleaded guilty to conspiracy to commit bribery and agreed to forfeit $175,000. On April 4, 2014, Adam C. White pleaded guilty to conspiracy to commit bribery and agreed to forfeit $57,000.
The case was investigated by the DCIS, NCIS and the FBI. The case is being prosecuted by Trial Attorney Emily Rae Woods of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Stephen W. Haynie of the Eastern District of Virginia.
The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.Multiple Defendant Drug-Trafficking, Firearms Possession, and Dogfighting Superseding Indictments ReturnedRead the Press Release
United States Attorney Charles M. Oberly, III, announced today that a federal grand jury last week returned two superseding indictments charging a total of fourteen men with various violations of federal law. The first indictment contains twenty-three counts and alleged conduct that includes conspiracy to distribute cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 846; distribution of cocaine, in violation of Title 21, United States Code, Sections 841(a)(1); possession of cocaine with the intent to distribute, in violation of Title 21, United States Code, Sections 841(a)(1); and possession of firearms by prohibited persons, in violation of Title 18, United States Code, Section 922(g). The second indictment contains charges relating to the Sponsoring of Animals in Dogfighting Ventures, in violation of Title 7, United States Code, Sections 2156(a)(1).
The charged defendants are Edward Sturgis, age 38 of Dover; Leshawn Ingram, age 28 of Smyrna; Christopher Glover, age 40 of Dover; Robert Ingram, age 30 of Dover; James Wilson, age 49 of Magnolia; Terah Moore, age 36 of Dover; Keith Adkins, age 36 of Dover; William Chapman, age 42 of Dover; Deshawn Groce, age 39 of Dover; Tyshi Hazzard, age 36 of Rehoboth Beach; Dwyane Dixon, age 46 of Dover; Jamar Cannon, age 31 of Dover; Corey Curtis, age 38 of New Castle; and Aaron Cannon, age 27 of Hartley, Delaware.
The drug indictment alleges that between January 2014 and March 2014, in Delaware, Defendants Strugis, Leshawn Ingram, Glover, Robert Ingram, Wilson, and Curtis conspired to possess cocaine with the intent to distribute. The drug indictment also alleges that, on various dates, Defendants Sturgis, Leshawn Ingram, Glover, Robert Ingram, Wilson, Moore, Adkins, Dixon, Jamar Cannon, Corey Curtis, and Aaron Cannon engaged in the distribution of cocaine and/or the possession of cocaine with the intent to distribute it in Delaware. If convicted of any of the conspiracy, distribution or the possession counts, the charged Defendants face up to 20 years imprisonment in addition to fines, and supervised release. Defendants Strugis, Leshawn Ingram, Glover, Robert Ingram, Wilson, and Curtis also face a mandatory minimum sentence of at least five years of imprisonment, and up to forty years in prison, in addition to fines, and supervised release for their alleged conduct.
The dogfighting indictment alleges that between the dates of January 17, 2014 through February 19, 2014, Defendants Sturgis, Robert Ingram, Chapman, Hazzard, and Groce, engaged in a conspiracy and two substantive offenses alleging violations of the federal dogfighting statute. If convicted of any of these offenses, the charged defendants could face up to five years imprisonment, in addition to fines and supervised release.
The indictments and arrests of these individuals were the product of a long-term investigation, led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Dover Police Department that culminated in the execution of eighteen search warrants, and the seizures of several firearms and controlled substances. Critical support for the investigation and arrests was also provided by the Drug Enforcement Agency, the United States Marshals Service, the United States Department of Agriculture, the Delaware State Police, the Delaware Department of Corrections, the Smyrna Police Department, the Milford Police Department, the New Castle County Police Department, and the American Society for the Prevention of Cruelty to Animals (the “ASPCA”).
Acting ATF Special Agent in Charge William P. McMullan said, “I am confident that the execution of multiple arrest and search warrants by ATF and its law enforcement partners has made a significant impact on crime in Delaware, and specifically in the city of Dover. ATF continues to work complex investigations with its federal, state, and local law enforcement partners in Delaware in order to bring violent criminals to justice.”
“The victims of dog fighting suffer horrific abuse, forced to fight for their lives at the hands of their owners,” said Tim Rickey, vice president, ASPCA Field Investigations & Response. “We commend the local and federal authorities for pursuing this case and are proud to work with them to put an end to this violent crime.”
The charges in the Indictments are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant United States Attorney Mark M. Lee.
More American Commercial Colleges, Inc. Executives Plead Guilty to Federal ChargesRead the Press Release
LUBBOCK, Texas — Two executives of American Commercial Colleges, Inc. (ACC), James Michael Otto and Bruce Alan Reed, appeared this morning in federal court in Lubbock, Texas, before U.S. District Judge Sam R. Cummings, and pleaded guilty to federal charges. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement this afternoon.
Otto, 61, of Lubbock, was the Chief Operating Officer and Campus Director for ACC’s Lubbock campus. Reed, 64, of San Angelo, Texas, was the Campus Director for ACC’s San Angelo campus. Otto and Reed each pleaded guilty to an Information, filed earlier this week, charging one count of misprision of a felony, admitting they knew about the criminal activity but failed to report it. Each faces a maximum statutory penalty of three years in federal prison and a $250,000 fine. Judge Cummings ordered presentence investigation reports with sentencing dates to be set following the completion of those reports.
Yesterday, the president of ACC, Doyle Brent Sheets, 58, of Lubbock, and ACC also pleaded guilty to federal charges. ACC stole government funds by converting Federal Student Aid (FSA) program funds, and thus caused a loss to the government of approximately $972,794. Sheets admitted that he knew about the theft but did not report it, and he agreed that he would be personally, individually, jointly and severally liable for the total loss amount.
According to their plea agreements with the government, both Otto, Reed and Sheets are excluded, directly and indirectly from participating in any FSA programs. This voluntary exclusion is also a voluntary debarment, and they will not contest any actions taken to execute the debarment. Each agreed they will not have any ownership or interest in, or serve as an officer, director or any legal entity acting as a post-secondary educational institution participating in any FSA program.
ACC is a proprietary institution with corporate office in Lubbock. At one time, ACC operated five campuses in Texas — Lubbock, Abilene, Odessa, San Angelo and Wichita Falls — and one in Shreveport, Louisiana. ACC admitted that it knowingly converted FSA program funds from its students solely for its benefit to represent falsely to the U.S. Department of Education that it complied with the requirement that a proprietary institution may not derive more than 90% of its revenue from the FSA program to remain eligible to participate in the FSA program. The remaining 10% of revenue must come from other sources. This is known as the 90/10 Rule, and if an institution did not satisfy it, it would lose its eligibility to participate in the FSA programs.
In 2007, 2008 and 2009, ACC failed to meet the requirements of the 90/10 Rule, however, as early as 2003, ACC had devised a scheme to represent falsely to the Department of Education that it had met the requirements. From 2007-2009, ACC had students obtain private loans from a private bank in San Angelo, Texas, with whom ACC had made arrangements, of approximately $953,897. ACC recorded the loan funds received from the private bank as “good cash,” thus falsely representing to the Department of Education that ACC complied with the 90/10 Rule. By obtaining the loans from the private bank and delaying the students’ FSA program funds, ACC lowered their total FSA program funds revenue for the 90/10 Rule. ACC repaid and intended to repay those loans with approximately $972,794 of FSA program funds to give the appearance of complying with the 90/10 Rule. The private short-term loans were obtained entirely to benefit ACC so that it could falsely represent its compliance. To further the scheme, ACC employees advised students that the school would close if they did not satisfy the 90/10 Rule, and this would jeopardize the students’ education at ACC.
Otto admitted participating in the scheme to falsely represent to the Department of Education that ACC met the 90/10 Rule requirements. Otto and Reed identified ACC students who were already enrolled at ACC and eligible to receive FSA program funds, and used these students to obtain the short-term private loans from a private bank. ACC and Reed induced that private bank in San Angelo to provide those short-term private loans, and in 2009, Otto and Reed had students from the San Angelo campus obtain loans from that bank for $65,276.
ACC repaid those loans with approximately $66,606 of FSA program funds to give the appearance of complying with the 90/10 Rule. Otto and Reed each admit knowing that ACC converted $66,606 in FSA program funds from it students to falsely represent it was in compliance.
The United States Department of Education, Office of Inspector General, is conducting the investigation. Assistant U.S. Attorney Paulina Jacobo is in charge of the prosecution.
Military Sealift Command Contractor and Local Businessman Charged with Bribery and Obstruction of Justice SchemesRead the Press Release
Norfolk, Va. – Scott B. Miserendino, Sr., 55, of Stafford, Va., and Timothy S. Miller, 57, of Chesapeake, Va., were charged today with conspiracy, bribery, and obstruction of criminal investigations.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service Mid-Atlantic Field Office (DCIS); Acting Executive Assistant Director Charles T. May Jr. of the Naval Criminal Investigative Service (NCIS) Atlantic Operations; and Special Agent in Charge Royce E. Curtin of the FBI’s Norfolk Field Office.
A federal grand jury returned a six-count indictment that charges Miserendino with one count of conspiracy to commit bribery, one count of bribery, one count of conspiracy to commit obstruction of criminal investigations and to commit tampering with a witness, and one count of obstruction of criminal investigations. The indictment charges Miller with one count of conspiracy to commit bribery and two counts of bribery of a public official.
According to the indictment, Miserendino was a government contractor at MSC, the leading provider of transportation for the United States Navy. The indictment alleges that Miserendino worked closely with another MSC public official, Kenny E. Toy, in managing MSC’s telecommunications projects and in influencing the award of United States government contracts, subcontracts, and task orders.
The indictment alleges that Miserendino solicited and accepted bribes, in the form of cash payments and other things of value, in exchange for providing favorable treatment to two defense contractors in connection with United States government contracts.
Between March 2005 and 2007, Miserendino allegedly accepted cash payments of approximately $3,000 per month from agents of Company A, a corporation that sought contracting business from MSC.
In addition, the indictment alleges that, in February 2009, Miller and his business partner Dwayne A. Hardman established Company B, a government contracting corporation located in Chesapeake, Va., to provide support to MSC on various telecommunications projects. Shortly thereafter, in May 2009, Miller and Hardman paid cash bribes to Miserendino and Toy, another MSC public official with whom Miserendino worked, in exchange for favorable treatment in connection with U.S. government contracts, subcontracts, and task orders. Miserendino allegedly accepted approximately $25,000 in cash from Miller and Hardman. According to the indictment, Miller provided the $25,000 cash bribe to Miserendino at Company B’s offices and also provided a $25,000 cash bribe to Toy, the MSC public official with whom Miserendino worked.In addition, according to the indictment, Miserendino obstructed justice and tampered with a witness by causing $85,000 to be paid to a businessman who had provided bribes, Dwayne A. Hardman, in an attempt to prevent or delay Hardman from reporting the bribery scheme to law enforcement authorities.
The case is being prosecuted by Assistant United States Attorney Stephen W. Haynie of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Emily Rae Woods, of the Public Integrity Section, Criminal Division, of the Department of Justice. The case was investigated by the FBI, the NCIS, and the DCIS.
Criminal indictments are only charges and not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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.Maryville Man Sentenced to 17 Years in Prison for Drug and Firearm OffensesRead the Press Release
KNOXVILLE, Tenn. - On May 23, 2014, Dustin Morgan, 36, of Maryville, Tenn., was sentenced to serve 204 months in federal prison by the Honorable Thomas A. Varlan, Chief U.S. District Judge for the Eastern District of Tennessee. The sentence was the result of a conviction at trial in October 2013 on an indictment charging him with drug and firearm offenses in conjunction with Breakthrough Pain Therapy Center in Maryville. Morgan’s step-father, Randy Kincaid and mother, Sandra Kincaid, co-owners of Breakthrough, and family member Wendi Henry were also convicted. Randy Kincaid was sentenced to 830 months and the other co-conspirators are awaiting sentencing.
The indictment and subsequent conviction of Morgan and his co-defendants resulted from a lengthy investigation by the Internal Revenue Service–Criminal Investigation Division, Fifth Judicial Drug Task Force, and Drug Enforcement Administration into illegal distribution of narcotics, structuring of monetary transactions and money laundering associated with Breakthrough Pain Therapy Center. Breakthrough ceased operation in December 2010 when federal and local law enforcement agents seized significant quantities of prescription narcotic pain pills, firearms, and nearly $700,000 in cash from the Center and the conspirators./p>
U.S. Attorney William C. Killian said, “The cooperation and diligence of these local, state and federal agencies resulted in an appropriately severe sentence for this individual who was illegally distributing large amounts of addictive pills in East Tennessee.”
Assistant U.S. Attorneys Jennifer Kolman and Frank M. Dale, Jr. represented the United States during the trial and sentencing.
Maryland Man Sentenced to Nine-Year Prison Term for Attacking Woman Near Northeast Washington Metro StationTwo Good Samaritans Came to Victim’s Aid, Helped Police Apprehend the DefendantRead the Press Release
WASHINGTON – Quamain Jacks, 23, of Hyattsville, Md., was sentenced today to a nine-year prison term on charges stemming from an attack in January 2013 against a woman near a Metro station in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Jacks, also known as Kwamane Jacks, was found guilty by a jury in February 2014, following a trial in the Superior Court of the District of Columbia, of felony threats, kidnapping, misdemeanor sexual abuse, simple assault and malicious destruction of property. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Jacks will be placed on five years of supervised release.
According to the government’s evidence, Jacks accosted the 26-year-old victim in the early evening hours of Jan. 17, 2013, as she was walking home from the Brookland Metro station in Northeast Washington. Jacks, a stranger, ran up behind her and grabbed her buttocks. The victim turned, faced Jacks, pushed him off her, and kept walking.
About two blocks later, Jacks approached the victim again, asked her if she “wanted to die” and began dragging her behind a line of trees. He punched her repeatedly, breaking her glasses. He then put his hand over her mouth to keep her from screaming as he straddled her and ran his hand along the rim of her tights. She bit him as a result.
Two students from Catholic University came to the victim’s rescue and chased Jacks off of the victim. After getting the victim into their home across the street from the scene of the crime, these Good Samaritans noticed a man who looked like the attacker, outside in the area near the front of their home. They asked the victim to look out at him and she immediately recognized the defendant as the man who attacked her both times. Jacks was subsequently arrested.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Tracey Hawkins and Katina Adams-Washington; Paralegal Specialist Tiffany Jones; members of the Litigation Technology Unit, and Assistant U.S. Attorney Kenya K. Davis, who prosecuted the matter.
14-120Margate Man Sentenced to Ten Years in Prison on Charges He Made and Possessed A Pipe BombRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, announce that Richard A. Heyn, 49, of Margate, was sentenced to 120 months in prison and three years of supervised release following his conviction in February on charges that he made and possessed an unregistered destructive device.
According to court records and evidence at trial, Heyn made and possessed a pipe bomb in August 2011, which he camouflaged with black spray paint and attached to the under carriage of the SUV driven by a man living Boca Raton. At the time, Heyn had had a two year long extramarital affair with the man’s wife, which affair the wife was attempting to end.
During the seven day trial, evidence was presented which linked Heyn to the components used in the pipe bomb. In addition, explosives experts from ATF testified that the pipe bomb found on the husband’s vehicle had all the components of a destructive device, capable of creating a “small cratering in the road” and serious physical injury or even death to those in the vicinity of the explosion.
Mr. Ferrer commended the investigative efforts ATF and the Palm Beach County Sheriff’s Office. Mr. Ferrer also thanked the Computer Crime Laboratory of the Department of Justice for their assistance in analyzing computer evidence. This case was prosecuted by Assistant U.S. Attorneys Aurora Fagan and Alexandra Hui
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.
Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that United States District Judge John M. Gerrard sentenced Jorge Ortiz-Lopez, also known as Moreno, to 292 months in federal prison, followed by 5 years of supervised release.
Mr. Ortiz-Lopez pled guilty to conspiracy to distribute methamphetamine on February 25, 2014. Ortiz-Lopez had been involved in the distribution of methamphetamine in the Lincoln and eastern Nebraska area for several years. He received large quantities of methamphetamine from Phoenix, Arizona, which he distributed to other dealers in the Lincoln and eastern Nebraska areas. The Court found that Ortiz-Lopez managed other methamphetamine dealers in Nebraska, and maintained an apartment where drugs were stored.
A search on October 23, 2013, of the apartment of one of individuals Ortiz-Lopez supervised, uncovered nearly $40,000.00 in cash. From that apartment the police also recovered 9.6 pounds of methamphetamine. A search of another location in Lincoln uncovered over $53,000.00 in cash belonging to Ortiz-Lopez. Ortiz-Lopez is expected to be deported to his native Mexico after serving his prison sentence.
This case was investigated by the FBI and the Lincoln/Lancaster County Narcotics Task Force.
Man Found Guilty of Voluntary Manslaughter While Armed in May 2012 Stabbing in Northwest WashingtonDefendant Started Argument, Leading to AltercationRead the Press Release
WASHINGTON - Jonathan Dawkins, 32, of Washington, D.C., was found guilty by a jury today of voluntary manslaughter while armed in the stabbing of a man in May 2012 in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict was returned in the Superior Court of the District of Columbia, following a three-day trial. The Honorable Russell F. Canan scheduled sentencing for Aug. 8, 2014. Dawkins faces a statutory maximum of 30 years in prison.
According to the government’s evidence, on May 1, 2012, at about 2:15 a.m., the victim, Dwayne Brisbon, 33, was stabbed to death in the 400 block of Florida Avenue NW. Mr. Brisbon, a CT scan technician at Washington Hospital Center, was on his way home from Marvin, a bar and restaurant in the 2000 block of 14th Street NW. On his way home, Mr. Brisbon pulled his car over to check on a person he recognized from the establishment.
Dawkins, who was walking with the person, became upset and aggressively approached Mr. Brisbon’s car. Dawkins began arguing with Mr. Brisbon. Mr. Brisbon eventually got out of his car and walked to the rear of the car, where Dawkins met him. Mr. Brisbon punched Dawkins, and the two continued to fight. During the fight, Dawkins stabbed Mr. Brisbon in the upper left bicep and the neck, piercing his carotid artery and jugular vein.
Dawkins then fled the scene while Mr. Brisbon got back in his car in an attempt to drive himself to the hospital. Mr. Brisbon lost consciousness within seconds, and crashed into Shaw’s Tavern in the 500 block of Florida Avenue NW. Surveillance video from Shaw’s Tavern captured the defendant and the person who was with him just minutes before the murder.
In announcing the verdict, U.S. Attorney Machen commended the work of members of the Metropolitan Police Department, who investigated the case. U.S. Attorney Machen also thanked those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mia Beamon and Kelly Blakeney; Victim/Witness Services Coordinators La June Thames and Katina Adams-Washington; Litigation Support Specialist Kimberly Smith; Criminal Investigator Durand Odom; and Victim Witness Specialist Tamara Ince. Finally, U.S. Attorney Machen expressed appreciation for the work of Assistant U.S. Attorneys Holly Shick and Veronica Sanchez, who prosecuted the case.
14-121Lutz Woman Pleads Guilty to Wire FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Patricia M. Syling (44, Lutz) yesterday pleaded guilty to wire fraud. She faces a maximum penalty of twenty years in federal prison. As part of her plea agreement, Syling also agreed to forfeit a residence in Lutz.
According to the plea agreement and other court documents, Syling gained employment in October 2007 with Citrus Health Care, Inc. (“CHC”), a health maintenance organization located in Tampa. Her title was Director of Compliance. To secure the position with CHC, Syling used a false name (Patricia Dunne) and other false personal information in her CHC employment application, including a false social security number, prior work history, and education history. Syling used the false information because at the time, she was under federal indictment in the District of Hawaii (Case No. 07-CR-406SOM), charged with eight counts of mail fraud.
Shortly after securing employment at CHC, Syling opened a bank account at Regions Bank in the name of Health Solutions Group, LLC (“HSG”), a company created and controlled by her. Thereafter, she created fraudulent documentation to support bogus invoices submitted by HSG, and other like sounding names, to CHC, which Syling then approved for payment. For example, in July 2007, using her position at CHC and still posing as Patricia Dunne, Syling provided fraudulent information to a member of the CHC Board of Directors in order to cause that person to initiate an interstate wire transfer of $395,000 from CHC’s SunTrust bank account to the HSG bank account controlled by the Syling at Regions Bank. Syling then used a portion of the proceeds from the wire transfer to purchase a home in Lutz, Florida.
In March 2009, Syling pleaded guilty to the eight mail fraud charges in the District of Hawaii. On June 3, 2009, she was sentenced to 40 months in federal prison. She was released in June 2013. A superseding indictment was returned in the Middle District of Florida case in July 2013.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant.
Lubbock County Man Sentenced to 188 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
LUBBOCK, Texas — Adrian Tino Guerrero, 28, of Slaton, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to188 months in federal prison, to be followed by a 20-year term of supervised release. Guerrero pleaded guilty in February 2014 to one count of receipt of child pornography and has been in custody since his arrest in November 2013 on a related charge. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.
According to documents filed in the case, Guerrero used his computer to access various forms of pornography on the Internet, including numerous images and videos of child pornography. He admitted that in November 2013, while searching the Internet for child pornography, he knowingly downloaded a video of a female child engaged in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) conducted the investigation. Assistant U.S. Attorney Amy Burch prosecuted.
Lower Brule Man and Woman Charged with Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and a woman from Lower Brule, South Dakota, have been indicted by a federal grand jury for Assaulting, Resisting and Impeding a Federal Officer.
Sterling St. Cloud, age 32, and Toni Harmon, a/k/a Toni Bad Horse, age 39, were indicted on May 13, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on May 22, 2014, and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 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 March 8, 2014, St. Cloud and Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer while he was engaged in the performance of his official duties and employed as a federal law enforcement officer with the Bureau of Indian Affairs, Department of Interior.
The charge is merely an accusation and St. Cloud and Harmon are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
St. Cloud and Harmon were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Little Eagle Man Sentenced for Embezzlement and Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Embezzlement and Theft from an Indian Tribal Organization was sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.
Dana Fast Horse, age 46, was sentenced to 1 year of unsupervised probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Fast Horse was indicted by a federal grand jury on November 14, 2013. He pled guilty on January 10, 2014.
On October 1, 2013, the Bureau of Indian Affairs (BIA) was contacted by a member of the Standing Rock Sioux Tribe regarding a check she had received from Fast Horse. According to the tribal member, Fast Horse had presented her with a $4,000.00 check, which he wanted her to cash and split the proceeds with him. At the time, Fast Horse was Vice Chairman of the Running Antelope District on the Standing Rock Sioux Indian Reservation. He was aware that residents were receiving $4,000.00 per household as a result of the Salazar settlements. Fast Horse owned a vacant house, which he wanted the tribal member to claim she was residing in, so she would receive the benefits and split the proceeds with him.
Upon learning this information, two Standing Rock BIA Special Agents directed the tribal member to place a phone call to Fast Horse, which was recorded on a digital handheld recorder. During the call, the tribal member informed Fast Horse that she had cashed the check he had given her, and asked him if he wanted his half. A meeting was arranged in which Fast Horse was handed an envelope from the tribal member. The tribal member then walked away and the two BIA agents immediately arrested Fast Horse.
Fast Horse consented to an interview with the BIA agents in which he stated that, as Vice Chairman of the Running Antelope District, he knowingly lied to the council by informing them that the tribal member lived in one of his houses, which he knew to be vacant, in order for her to receive a $4,000.00 Salazar check. Fast Horse also informed the agents that he was to receive a portion of the money as payment for vouching to the council that the tribal member was actually residing in his vacant home.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Eagle Man Sentenced for Embezzlement and Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Embezzlement and Theft from an Indian Tribal Organization was sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.
Dana Fast Horse, age 46, was sentenced to 1 year of unsupervised probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Fast Horse was indicted by a federal grand jury on November 14, 2013. He pled guilty on January 10, 2014.
On October 1, 2013, the Bureau of Indian Affairs (BIA) was contacted by a member of the Standing Rock Sioux Tribe regarding a check she had received from Fast Horse. According to the tribal member, Fast Horse had presented her with a $4,000.00 check, which he wanted her to cash and split the proceeds with him. At the time, Fast Horse was Vice Chairman of the Running Antelope District on the Standing Rock Sioux Indian Reservation. He was aware that residents were receiving $4,000.00 per household as a result of the Salazar settlements. Fast Horse owned a vacant house, which he wanted the tribal member to claim she was residing in, so she would receive the benefits and split the proceeds with him.
Upon learning this information, two Standing Rock BIA Special Agents directed the tribal member to place a phone call to Fast Horse, which was recorded on a digital handheld recorder. During the call, the tribal member informed Fast Horse that she had cashed the check he had given her, and asked him if he wanted his half. A meeting was arranged in which Fast Horse was handed an envelope from the tribal member. The tribal member then walked away and the two BIA agents immediately arrested Fast Horse.
Fast Horse consented to an interview with the BIA agents in which he stated that, as Vice Chairman of the Running Antelope District, he knowingly lied to the council by informing them that the tribal member lived in one of his houses, which he knew to be vacant, in order for her to receive a $4,000.00 Salazar check. Fast Horse also informed the agents that he was to receive a portion of the money as payment for vouching to the council that the tribal member was actually residing in his vacant home.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Lincoln County Man Pleads Guilty to Distribution of OxycodoneRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Jason Edward Hallam, 33, of West Hamlin, West Virginia, entered a guilty plea today to the distribution of oxycodone.
Hallam admitted that on February 8, 2013, he sold 10 oxycodone 30 mg pills for $400.00 to an individual inside his West Hamlin home. Unbeknownst to Hallam, the individual who purchased the pills was a confidential information working with law enforcement.
Hallam faces up to 20 years’ imprisonment when he is sentenced on August 26, 2014, by United States District Judge John T. Copenhaver, Jr.
The case was investigated by the Huntington Drug Task Force and the West Virginia State Police. Assistant United States Attorney Monica D. Coleman is handling the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Leader of Violent Armed Robbery Crew Sentenced in Manhattan Federal Court to 60 Years in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that LOUIS MCINTOSH, 32, was sentenced today to 60 years in prison by United States District Judge Sidney H. Stein in Manhattan federal court for his role in an armed robbery conspiracy. MCINTOSH was convicted on August 22, 2013, after a nine-day trial before Judge Stein.
Manhattan U.S. Attorney Preet Bharara stated: “Louis McIntosh led a violent armed robbery crew that victimized New York area communities for years. Not satisfied to rob at gunpoint, McIntosh even pistol-whipped and tortured his victims. Today’s 60-year sentence provides a fitting end to McIntosh’s criminal career.”
According to the Indictment filed in Manhattan federal court, the evidence at trial, and sentencing:
On September 26, 2010, MCINTOSH and other co-conspirators robbed an individual business owner in his home in Lynbrook, New York, during which robbery MCINTOSH held the victim at gunpoint, tied him up, and assaulted him repeatedly with a stun gun. On October 28, 2010, MCINTOSH and other co-conspirators robbed a card game at a men’s club in Poughkeepsie, New York, during which MCINTOSH pistol-whipped two victims and discharged a firearm.
MCINTOSH, 32, of the Bronx, New York, was convicted of the following nine counts at trial: (1) participating in a conspiracy to commit robberies from in or about 2009 through 2012: (2) using, carrying, and possessing firearms in connection with the robbery conspiracy; (3) committing a robbery on September 26, 2010, in Lynbrook; (4) using, carrying, possessing, and brandishing firearms in connection with the September 26, 2010 robbery; (5) committing a robbery on October 28, 2010, in Poughkeepsie; (6) using, carrying, possessing, and discharging firearms in connection with the October 28, 2010 robbery; (7) possessing a Cugir .223 caliber auto-loading rifle after having been previously convicted of a felony; (8) possessing a Ruger 9 millimeter handgun after having been previously convicted of a felony; and (9) possessing a Bushmaster .223 caliber rifle after having been previously convicted of a felony.
In imposing sentence, Judge Stein remarked that MCINTOSH engaged in “serious” and “vicious” conduct during the course of the charged robberies and robbery conspiracy, including the “torture” of the victim of the Lynbrook robbery.
Mr. Bharara praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and the Westchester County Department of Public Safety, and thanked the Westchester County District Attorney’s Office for its assistance in the investigation.
A number of co-conspirators were also prosecuted in connection with this case. Among other individuals, Turhan Jessamy previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by United States District Judge Kenneth M. Karas to 10 years in prison. Tyrell Rock previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by Judge Karas to 10 years in prison. Neil Morgan previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by Judge Karas to 10 years in prison. Quincy Williams previously pleaded guilty to using, carrying, possessing, and brandishing firearms, and was sentenced by Judge Karas to 7 years in prison.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Sarah Krissoff and Jessica Masella are in charge of the prosecution.
Lake Charles Man Sentenced to 120 Months in Prison for Possessing Child PornographyRead the Press Release
LAKE CHARLES, La. –United States Attorney Stephanie A. Finley announced that Shannon Ray Smithers, 33, of Lake Charles, was sentenced on Thursday by U.S. District Judge Patricia Minaldi, to 120 months in prison and a lifetime of supervised release for possessing child pornography. He is also required to register as a sex offender.
According to evidence presented at the guilty plea on January 16, 2014, the defendant admitted to possessing child pornography. Homeland Security Investigations’ agents became aware of Smithers’ possession of child pornography through an undercover operation. Smithers admitted to agents that he had previously possessed child pornography on his computer as far back as February 26, 2013, but later erased it.
Homeland Security Investigations, the Louisiana State Police, and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney James T. McManus prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp.