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10 July 2014
Bank Teller Sentenced to Prison for Stealing Money from Cd AccountsRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MICHELLE LAUDATO, 36, of Farmington, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 12 months and one day of imprisonment, followed by three years of supervised release for stealing money from CD accounts at a bank where she was employed.
According to court documents and statements made in court, between July 2009 and June 2010, LAUDATO used her position as a teller supervisor at a branch of Webster Bank in Bristol to steal a total of $178,710.89 from the CD accounts of at least 18 bank customers. Thirteen of the 18 bank customers were between the ages of 79 and 99.
As part of the scheme, LAUDATO sometimes withdrew funds from certain CD accounts to replace funds in the CD accounts she had previously accessed. She also withdrew funds in increments of $10,000 or less to avoid currency transaction reporting requirements.
LAUDATO was ordered to pay full restitution to Webster Bank. In addition, Judge Thompson ordered LAUDATO to perform 100 hours of community service during her term of supervised release, in activities that specifically benefit the elderly.
On June 18, 2013, LAUDATO pleaded guilty to one count of bank fraud.
LAUDATO, who recently gave birth to a child, was ordered to report to prison on February 25, 2015.
This matter was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Felice M. Duffy.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Attorney Sentenced to 51 Months in Federal Prison for Role in Extensive Insurance Fraud ConspiracyRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that JOSEPH P. HADDAD, 65, of Orange, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 51 months of imprisonment, followed by three years of supervised release, for his role in an extensive insurance fraud scheme. He was also ordered to pay a fine of $25,000.
This matter stems from “Operation Running Man,” a 14-month undercover fraud investigation headed by the Federal Bureau of Investigation. The investigation included the use of recordings of an undercover special agent meeting with HADDAD, various doctors and chiropractors in relation to auto-accident personal injury litigation.
According to court documents, statements made in court and the admissions of his co-conspirators, HADDAD, a Bridgeport-based personal injury attorney, conspired with chiropractors and others to defraud several insurance companies by exaggerating the auto accident injuries of HADDAD’s clients, and the cost of their medical care, to justify larger monetary settlements with the insurance companies. As part of the scheme, the co-conspirators fabricated medical records, prescribed unnecessary pain medication, performed unnecessary chiropractic treatment, ordered and billed for diagnostic tests of questionable medical value, and overstated injuries or permanent partial disabilities that were allegedly caused by the accidents.
“Over the course of years and in hundreds of cases, this corrupt attorney used his law license as a license to steal from insurance carriers,” stated U.S. Attorney Daly. “Driven by greed, he illegally used runners to find highly questionable personal injury cases, convinced his clients to overstate treatment needs to inflate medical costs, pushed for doctors’ reports that falsely claimed permanent injury, all the while aware that his clients were improperly receiving prescriptions for narcotics to make them seem more injured than they actually were. Through this scheme, Haddad and he cohorts bilked insurance companies of over $1.7 million dollars. His crime both damages the reputation of all legal and medical professionals and inflates the cost of insurance for all of us. I commend the FBI for their excellent work during this undercover investigation.”
“For years, Attorney Haddad operated a well-oiled fraud machine designed to bilk millions of dollars from automobile insurance companies,” stated FBI Special Agent in Charge Ferrick. “Today, he learned that his long-running scheme has earned him 51 months in federal prison. Lawyers, doctors, chiropractors and other licensed health care professionals can earn substantial incomes without having to steal. Sadly, the criminal conduct of Haddad and the other defendants in Operation Running Man not only causes a loss of trust in lawyers and doctors, but also much higher insurance premiums for us all. As covert investigations like Operation Running Man suggest, the FBI and the U.S. Attorney’s Office are fully committed to investigating and prosecuting licensed professionals who commit similar frauds.”
Between December 2006 and February 2010, HADDAD conspired in the scheme with Francisco R. Carbone, who had been licensed to practice medicine until his license was revoked by the State of Connecticut in March 2005, and with Dr. Marc Kirshner, who owned and operated two chiropractor offices in Bridgeport and one in Stamford.
As part of the scheme, HADDAD paid “runners” to locate and deliver to him clients for his personal injury practice. Because state law barred attorneys from hiring runners in personal injury cases, HADDAD attempted to hide this practice by paying the runners in cash. Dr. Kirshner regularly met with HADDAD to provide him with thousands of dollars in cash and, in return, HADDAD reimbursed Kirshner with checks written from his business account. HADDAD often included on the checks false memo lines suggesting that the checks were for medical expenses incurred by his clients. During the course of the conspiracy, Kirshner gave HADDAD more than $100,000 in cash. HADDAD also paid runners with checks directly from his client trust account, often disguising these payments as “independent investigative services.”
HADDAD regularly instructed clients to see Carbone for purported medical treatment, even though HADDAD was aware that Carbone had lost his medical license. Carbone provided HADDAD’s clients with prescription pain medication, even if the medication was not needed and, in reports, fabricated the clients’ injuries, medical conditions and permanent partial disability ratings. In multiple instances, Carbone did no medical examination at all. Carbone billed the victim insurance carriers in his name or in the name of another physician for services he allegedly rendered, and provided prescriptions, bills, medical reports and final reports to HADDAD, who submitted the documents to the victim carriers to support requests for settlement.
HADDAD also referred clients to Dr. Kirshner’s Bridgeport chiropractor offices, which operated under the name Health First Medical, P.C. Kirshner often permitted HADDAD to influence the course of patients’ medical treatments by acquiescing to HADDAD’s instructions that a patient receive more treatment and diagnostic tests despite the questionable need for both. Kirshner and other chiropractors at Health First, including Jennifer Netter, established a protocol to treat patients in HADDAD’s cases for six months, regardless of medical need, and would not resolve treatment of patients unless instructed to do so by HADDAD. Netter and others at Health First often falsified medical records by indicating that they had examined the patients when they had not, and by misrepresenting that patients’ pain complaints and other symptoms continued. After the six-month period, each patient would receive a permanent partial disability rating, regardless of the permanence of the medical condition. If a patient had received a permanency rating for a prior accident, the protocol was to give a higher or different disability rating for the present accident.
Kirshner also owned a diagnostic testing company, Midas Medical LLC, and instructed his employees to conduct Nerve Conduction Velocity (NCV) tests whenever a patient’s symptoms could potentially implicate testing, even though he knew the test results would not change the course of treatment. HADDAD and Kirshner arranged for Carbone to order the tests, believing that, if ordered by a doctor, the tests would be given greater weight by the victim insurance companies and increase the likelihood of higher settlement payments. HADDAD summoned at least one chiropractor to his office so that Kirshner could explain that the chiropractor would receive a kickback of several hundred dollars for each referral of HADDAD’s clients for NCV testing. Kirshner’s office would provide to HADDAD a bill of approximately $2,000 for each NCV test, and HADDAD would submit the bills to the victim carriers as part of settlement discussions.
More than 10 insurance carriers lost a total of more than $1.7 million as a result of this fraud scheme. Judge Underhill ordered HADDAD to pay restitution in the amount of $1,758,368.
HADDAD was ordered to report to prison on September 24, 2014.
On January 3, 2014, HADDAD pleaded guilty to one count of conspiracy to commit mail fraud and one count of mail fraud. After his guilty plea, he resigned from the practice of law.
Carbone, Kirshner, Netter, two other chiropractors and a licensed doctor of osteopathic medicine also pleaded guilty to charges stemming from this scheme. On July 9, 2014, Netter was sentenced to two years of probation and ordered to perform 100 hours of community service. Carbone and Kirshner await sentencing.
This matter is being investigated by the Federal Bureau of Investigation, with the assistance of the National Insurance Crime Bureau, the Metropolitan Property and Casualty Insurance’s Special Investigation Unit and the Travelers Insurance Company.
The case is being prosecuted by Assistant U.S. Attorneys Christopher W. Schmeisser and David J. Sheldon.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
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(203) 821-3722 [email protected]Ardmore Woman Sentenced to 60 Months Probation, $32,600 Restitution for Theft of Government Funds, False StatementRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ALLISON FAITH BATTLES, age 29, of Ardmore, Oklahoma, was sentenced to 5 years of probation, 3 months of home detention and $32,613.96 in restitution for Making A False Statement, in violation of Title 18, United States Code, Section 1001(a)(2) and Theft Of Government Funds, in violation of Title 18, United States Code, Section 641.
The charge arose from an investigation by the Oklahoma Department of Human Service, Office of Inspector General and the Social Security Administration, Office of Inspector General. The defendant was indicted in January 2014 and pled guilty in February 2014.
The Indictment alleged that on or about February 16, 2012, in the Eastern District of Oklahoma, the Defendant did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration, an agency of the United States.
It further alleged that from in or about July 2009 to in or about April 2012, in the Eastern District of Oklahoma, the Defendant did willfully and knowingly embezzle, steal and convert to her own use, money and things of value from the Oklahoma Department of Human Services, an agency receiving and administering funds on behalf of the United States, which had been paid to the defendant as food stamps and medical benefits to which the defendant knew she was not entitled and having a value in excess of $1,000.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
Assistant United States Attorney Chris Wilson represented the United States.
Anchorage Man Sentenced to 60 MonthsRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that a man from Anchorage, Alaska was sentenced in federal court in Anchorage for robbing two banks in February and March 2014.
Cameron Patrick Fergerson, age 25, from Anchorage, Alaska was sentenced on Thursday, July 10, 2014, by United States District Court Judge Sharon L. Gleason, at the United States District Courthouse in Anchorage. Fergerson received a sentence of 60 months in prison and 3 years of supervised release for his convictions of two counts of bank robbery.
On February 25, 2014, at the Credit Union 1 bank located on Abbot Road in Anchorage, Fergerson approached a bank teller and handed her a note demanding money. As the teller was counting out money, Fergerson snatched $1,600 from her and then ran out the door. On March 1, 2014, at the Alaska USA bank located on W. Dimond Blvd., Fergerson approached a bank teller and handed her a note demanding money. The bank teller handed Fergerson $2,078 that he then stuffed into his pockets before running out the door. During both robberies Fergerson was dressed in a similar fashion, wearing a black leather jacket with a hood pulled up, a baseball hat, and sunglasses.
Before imposing a sentence, Judge Gleason commented that the defendant has a long criminal history of theft related offenses and this was demonstrative of an individual that had shown a lack of respect for the law. Judge Gleason noted that it must have been a frightening experience for the bank tellers when the defendant approached them and handed them a note demanding money. Judge Gleason also commented about how the public needs to have confidence that when they go to or use financial institutions that there is a low likelihood of these types of crimes occurring.
Ms. Loeffler commended the Federal Bureau of Investigation and the Anchorage Police for the investigation leading to the successful prosecution of Mr. Fergerson.
Alleged Sinaloa Cartel Leader Extradited to the United States from the NetherlandsRead the Press Release
SAN DIEGO –Jose Rodrigo Arechiga-Gamboa, also known as “Chino Antrax,” was formally extradited to the United States by the Netherlands today.
Arechiga-Gamboa arrived at San Diego International airport about 2 p.m. under heavy security. He was flown in by the United States Marshals Service and the Drug Enforcement Administration from Amsterdam to San Diego. He was booked into federal custody and is scheduled to be arraigned on Friday, July 11, 2014, at 2:00 p.m. before U.S. Magistrate Judge Mitchell D. Dembin.
A federal grand jury in San Diego returned an indictment on December 20, 2013, charging Arechiga-Gamboa with Conspiracy to Distribute Controlled Substances Intended for Importation and Conspiracy to Import Controlled Substances. That same day, the Clerk of the Court issued a sealed warrant for his arrest.
Arechiga-Gamboa was arrested on December 30, 2013, at the Schiphol Airport in Amsterdam, Netherlands at the request of the United States. Arechiga-Gamboa was taken into custody at the airport traveling under a fraudulent name, “Norberto Sicairos-Garcia,” as he deplaned a KLM flight from Mexico City, Mexico to Amsterdam. The United States made formal requests for assistance from foreign authorities via a provisional arrest warrant and an Interpol Red Notice. The indictment was unsealed in San Diego a few days later, on January 3, 2014.
According to formal documents filed in support of Arechiga-Gamboa’s extradition from the Netherlands, Arechiga-Gamboa is alleged to have worked for the Sinaloa Cartel as a bodyguard and the leader of an enforcement group called “Los Antrax.” In this position, he allegedly assisted the Sinaloa Cartel by providing security for narcotics shipments and conducting enforcement operations.
According to extradition documents, Arechiga-Gamboa later rose to become one of the highest-level leaders of the Sinaloa Cartel. Despite traveling under a fraudulent Mexican passport by assuming the identity of a deceased individual, undergoing significant plastic surgery and attempting to alter his fingerprints, U.S. law enforcement officials were able to confirm Arechiga-Gamboa’s identity through forensic techniques. A Dutch Court considered the extradition request and, on May 28, 2014, ordered that Arechiga-Gamboa be extradited to the United States to stand trial on the narcotics trafficking offenses.
The Justice Department’s Criminal Division Office of International Affairs provided substantial assistance in the extradition of the defendant.
DEFENDANT Case Number: 13-CR-4517-DMSJose Rodrigo Arechiga-Gamboa, aka “Chino Antrax,” aka “Norberto Sicairos-Garcia”
CHARGESCount 1: Title 21, United States Code, Sections 959, 960 and 963 – Conspiracy to Distribute Controlled Substances Intended for Importation
Count 2: Title 21, United States Code, Sections 952, 960 and 963 – Conspiracy to Import Controlled Substances
INVESTIGATING AGENCYDrug Enforcement Administration
Customs and Border Protection Office of Field Operations
Customs and Border Protection Office of Border Patrol
San Diego Law Enforcement Coordination Center
Homeland Security Investigations
Internal Revenue Service
Interpol*Indictments and complaints are not evidence that the defendant committed the crime charged. All defendants are presumed innocent until the United States meets its burden in court of proving guilt beyond a reasonable doubt.
Albany Man Indicted on Mail Fraud ChargesRead the Press Release
Lottery Fraud Scheme Targeted Elderly Victims
ALBANY, NEW YORK – A federal grand jury returned an indictment yesterday charging DOUGLAS WATSON, 30, of Albany, NY, with three counts of mail fraud in connection with an “advance-fee scam” that targeted elderly victims, announced United States Attorney Richard S. Hartunian, United States Postal Inspection Service - Boston Division Inspector-in-Charge Shelly Binkowski, and Homeland Security Investigations Assistant Special Agent-in-Charge Nicholas DiNicola. If convicted, WATSON faces up to twenty years in prison and a fine of up to $250,000 on each count. WATSON was arraigned in Albany on Thursday, July 10, 2014, before United States Magistrate Judge Christian F. Hummel and was released on a $25,000 secured bond.
According to the indictment, WATSON received at least $25,000 from elderly victims in Massachusetts and Washington, D.C. who sent him money through the United States Mail after being told that they had won the lottery and needed to pay “taxes” and “fees” to claim their winnings. In reality, they had not won any lottery.
The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
The indictment resulted from an investigation conducted by the United States Postal Inspection Service and Homeland Security Investigations, with the assistance of the Pittsfield, Massachusetts Police Department. The case is being prosecuted by Assistant United States Attorney Sean O’Dowd.
Adam Winters Enters Guilty Plea to Extortion of Babcock and Wilcox, Y-12, LLC.Read the Press Release
KNOXVILLE, Tenn. – On July 10, 2014, Adam Winters, 26, of Robins, Tenn., pleaded guilty to an information charging him with transmitting communications containing threats to injure the reputation of Babcock and Wilcox, Y-12, LLC., in interstate and foreign commerce with intent to extort money and other things of value from the corporation. Babcock and Wilcox, Y-12, LLC. (Babcock and Wilcox), is a corporation that manages and operates the Y-12 National Security Complex in Oak Ridge, Tenn.
Sentencing is set for 10:00 a.m., on Nov. 17, 2014, in U.S. District Court, Knoxville, before the Honorable Pamela L. Reeves, U.S. District Court Judge. Winters faces up to two years in prison, a fine of up to $250,000, up to one year of supervised release and a $100 special assessment.
According to the plea agreement on file with the U.S. District Court, Eastern District of Tennessee, on May 8, 2014, Winters emailed Babcock and Wilcox and attempted to email the Vice President of the United States, regarding copies of slides that the he possessed and that he alleged contained information he believed would injure the reputation of Babcock and Wilcox. Following the email, Winters used the internet and telephone, both of which are transmitted in interstate or foreign commerce, and communicated his threat to injure their reputation through the use of these slides.
On May 23, 2014, following his making these threats, Winters met with undercover law enforcement agents for the purpose of exchanging the slides for $2,500,000, that he had demanded from Babcock and Wilcox during his extortion attempt. During this exchange meeting, law enforcement officers revealed their identity and arrested Winters.
These charges are the result of an investigation by the U.S. Department of Energy, Office of Inspector General. Assistant U.S. Attorney Brooklyn Sawyers represents the United States.
9 July 2014
Youngstown Man Indicted for Having Firearm Despite Felony ConvictionsRead the Press Release
A federal grand jury returned a one-count indictment charging Marvin T. Howard, age 28, of Youngstown, Ohio, with being a felon in possession of a firearm, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about May 17, 2014, Howard possessed a Glock, model 19, 9mm pistol, after having been convicted of robbery, in the Circuit Court of Lee County, Alabama, and of being a felon in possession of a firearm, in the U.S. District Court, Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of 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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Youngstown Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Woman Sentenced for Defrauding HSBC BankRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nicole Pompey, 34, of Cheektowaga, N.Y., who was convicted of bank fraud, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $42,000 in restitution to HSBC Bank.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant was employed by HSBC Bank as an auditor. Between December 2008 and September 2010, Pompey used her position to manipulate teller accounts. The defendant transferred funds from the teller accounts to a personal bank account Pompey opened in her maiden name. The defendant transferred a total of $42,000 in HSBC funds to her personal account.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.Wilkinsburg Man Sentenced to 12+ Years in Prison for Violating Federal Firearms LawsRead the Press Release
PITTSBURGH - A Wilkinsburg resident has been sentenced in federal court to 12 years and 7 months in prison on his conviction of violating federal firearms laws, United States Attorney David J. Hickton announced today.
Senior United States District Judge Gustave Diamond imposed the sentence yesterday on Alfred Collier, 34.
According to information presented to the Court, on June 27, 2013, Collier possessed a firearm with an obliterated serial number. Further, Collier admitted that he possessed that firearm during and in relation to a drug trafficking offense.
Prior to imposing sentence, Judge Diamond accepted the Rule 11 sentence negotiated by the two parties, but stated that given Mr. Collier’s significant criminal history, the sentence negotiated by the Government and the defense was “borderline,” meaning that it was on the low-end of what the Court considered reasonable.
Assistant United States Attorney Eric S. Rosen prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, Allegheny County Probation, and the Wilkinsburg Police Department for the investigation leading to the successful prosecution of Collier.
Warehouse Manager Sentenced for Conspiring to Steal $900,000 Worth of Merchandise in Return for CashRead the Press Release
LAFAYETTE, La. –A former warehouse manager was sentenced to 36 months in prison and three years of supervised release for stealing more than $900,000 worth of aircraft parts in return for cash, U.S. Attorney Stephanie A. Finley announced today.
Robert Michal Styron, 38, of Iowa, La., was also ordered by U.S. District Judge Richard T. Haik to pay restitution of $930,401. Styron pleaded guilty on July 11, 2013 to one count of conspiracy to commit wire fraud. According to evidence presented at the guilty plea, Styron used his position as warehouse manager of Aeroframe Services LLC in Lake Charles to steal merchandise and sell it to another party. He took part in the conspiracy from February 26, 2007 to June 10, 2009. Aeroframe was a Federal Aviation Administration (FAA)/European Aviation Safety Agency (EASA) certified Part 145 repair station and maintenance repair operations business.
The U.S. Secret Service and the Lake Charles Police Department conducted the investigation. Assistant U.S. Attorneys Richard A. Willis and Daniel J. McCoy prosecuted the case.
Wagoner Man Sentenced to 240 Months for Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that MAURICIO ORTIZ-VARGAS, a/k/a Mauricio Ortiz, a/k/a Mauricio Hernandez-Chavez, a/k/a Mauricio Hernandez, age 36, of Wagoner, Oklahoma, was sentenced to 240 months imprisonment, followed by 5 years of supervised release for Conspiracy to Possess with intent to Distribute and Distribute 500 grams or more of a methamphetamine mixture, in violation of Title 18, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A).
The charge is a result of an investigation by the Oklahoma Highway Patrol, the Drug Enforcement Administration and the Department of Homeland Security Investigations – Immigration and Customs Enforcement. The defendant was indicted in June 2013 and pled guilty in March 2013.
The Indictment alleged that beginning in or about 2009 until on or about April 18, 2013, the defendant conspired with others to possess with intent to distribute and distribute 500 grams or more of a methamphetamine mixture.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Chris Wilson represented the United States.
Union Worker Sentenced for Stealing Public FundsRead the Press Release
Follow @SDILNewsKenneth Loving, of East St. Louis, IL, was sentenced to 10 months in prison, to be followed by three years of supervised release, as a result of his conviction for Embezzlement of Public Funds administered by the Illinois Department of Employment Security, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Additionally, Loving was ordered to pay restitution in the amount of $200.00 per month.
While employed by the Midwest Service Group, Inc., Loving stole $25,575.00 in funds administered by the Illinois Department of Employment Security. The Illinois Department of Employment Security (IDES) operated the State of Illinois unemployment insurance program, which is an employer-funded program providing temporary income replacement for individual workers who lost their jobs through no fault of their own. Furthermore, the administrative costs of IDES are funded primarily by the federal government.
The case was investigated by the U.S. Department of Labor, Office of the Inspector General, and prosecuted by Assistant United States Attorney Stephen Weinhoeft and Special Assistant United States Attorney Michael Hallock.
To report suspicious activity to the F.B.I., call (217) 522-9675 or email [email protected]. To report public corruption, call (877) 884-7633 or (877) U-TIP-OFF. To report health care fraud, call (888) 557-9503.
Two Men Involved in Atlantic City Kidnapping and Murder Case Sentenced to PrisonRead the Press Release
CAMDEN, N.J. – Two Atlantic City, N.J., residents were sentenced to prison today for their roles in the kidnapping and death of a 20-year-old Atlantic City woman, U.S. Attorney Paul J. Fishman announced.
Aziz Sanders, 21, was sentenced to 30 years in prison and DeShawn Hicks, 22, was sentenced to 20 years in prison. Each previously pleaded guilty before U.S. District Judge Joseph H. Rodriguez to separate, one-count informations charging them with use of a firearm, and aiding and abetting the use of a firearm, in furtherance of a crime of violence – specifically, the Hobbs Act robbery and kidnapping that resulted in the death of Nadirah Ruffin, whose body was found in Philadelphia in April 2011. Judge Rodriguez imposed the sentences today in Camden federal court.Henry Ruffin (no relation to Nadirah Ruffin), 43, previously pleaded guilty before Judge Rodriguez to an information charging him with one count of misprision of a felony by concealing what he knew about several people allegedly involved in the home invasion and kidnapping of Nadirah Ruffin.
According to documents filed in this case and statements made in court:On March 23, 2011, D.H. met with Isiah Ruffin (no relation to the victim) in the courtyard area of a housing complex on North Maryland Avenue, a section of Atlantic City known as “Back Maryland,” to talk to Isiah Ruffin about a dispute between Isiah Ruffin and Victim One. After a brief conversation, D.H. viciously assaulted Isiah Ruffin, knocking Isiah Ruffin unconscious and robbing him of cash. When Isiah Ruffin regained consciousness, D.H. assaulted Isiah Ruffin again. As a result of the assault, Isiah Ruffin was treated at the Atlantic City Medical Center for a possible concussion and facial lacerations. After Isiah Ruffin was released from the hospital, Shamerria Smith, 27, and Sanders visited Isiah Ruffin, during which time Isiah Ruffin told Smith that D.H. had assaulted him.
To retaliate, Smith planned to enter Victim One’s house and assault and rob Victim One of illegal drugs and money. Sanders agreed to help Smith execute her plan and recruited Hicks to participate. Smith supplied the gun, duct-tape and handcuffs.
On March 26, 2011, Smith, Sanders and Hicks entered Victim One’s house and duct-taped Victim One and four other victims, including Nadirah Ruffin, who were present. While in the house, Sanders and Hicks took money from Victim One, some of which Victim One had earned from selling illegal drugs. They took money from another victim, as well as marijuana that the victim was planning to sell. Sanders and Hicks admitted to taking more than $500 dollars and 50 bags of marijuana from the house.
During the robbery, Nadirah Ruffin recognized Smith’s voice. Smith ordered Sanders to punch Nadirah Ruffin. After Sanders hit Nadirah Ruffin, Smith punched her because she did not think Sanders had hit her hard enough. As the defendants were leaving the residence, Smith told Sanders and Hicks to take Nadirah Ruffin from the residence. Smith, Sanders and Hicks then placed Nadirah Ruffin into a green van. They drove to the Clementon area and eventually to Philadelphia. Smith said that because she was a mother she could not kill Nadirah Ruffin. Smith placed the gun near Sanders and told him that they were not leaving until someone else killed Nadirah Ruffin. Sanders and Hicks took Nadirah Ruffin to the banks of the Schuylkill River, where Sanders shot her in the head, killing her. Her body was dumped in the river.
On June 17, 2014, Smith was sentenced to 35 years in prison for her role in the kidnapping and death of Nadirah Ruffin.
In addition to the prison terms, Judge Rodriguez sentenced Hicks and Sanders to five years each of supervised release and ordered them each to pay $1.5 million in restitution.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; the Atlantic County Prosecutor’s Office and the Atlantic City Police Department, for the investigation leading to the sentencings.
The government is represented by Assistant U.S. Attorneys Jason M. Richardson and Matthew T. Smith of the U.S. Attorney’s Office Criminal Division in Camden, assisted by Assistant U.S. Attorney David Feder of the U.S. Attorney’s Office Appeals Division in Newark, and Mark Coyne, Chief of the Appeals Division.
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Defense counsel:
Sanders: Edward Borden Esq. and Carl J. Herman Esq., Cherry Hill, N.J.
Hicks: Michael Huff Esq. and David Glazer Esq.. Livingston, N.J.Two Leaders of Sophisticated, Violent Fraudulent Document Ring Sentenced for Racketeering, Attempted Robbery, and Money LaunderingRead the Press Release
RICHMOND, Va. – On July 7, 2014, Ivan Patino Sanchez , 35, a Mexican National who resided in Richmond, Virginia was sentenced to 96 months’ imprisonment, and on July 8, 2014, Felipe Alvarado Gonzalez, 46, a Mexican National who resided in Pawtucket, Rhode Island, was sentenced to 60 months’ imprisonment for their respective roles in a violent criminal organization that specialized in manufacturing and distributing fraudulent identifications. Both Patino Sanchez and Alvarado Gonzalez previously pleaded guilty to Conspiracy to Engage in Racketeering and Conspiracy to Launder Money. Patino Sanchez had also pleaded guilty to Interference with Commerce by Robbery. Because both defendants are illegally within the United States, they face deportation following the service of their prison sentences.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; and Clark E. Settles, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), made the announcement after the sentences were handed down by Senior United States District Judge James R. Spencer. In both cases, Judge Spencer granted the United States’ request for an upward variance, and sentenced the defendants above the calculated guideline ranges.
According to court papers, these defendants were connected to a Fraudulent Document Enterprise (FDE) previously prosecuted in the Eastern District of Virginia in United States v. Israel Cruz Millan, Case No. 3:10CR308. The FDE originally operated in the United States beginning prior to 2008 and continuing through November 18, 2010, and had cells in Richmond, Norfolk, Virginia Beach, and Manassas, Virginia; Fayetteville and Little Rock, Arkansas; New Haven, Connecticut; Mishawaka, Indiana; Lexington and Louisville, Kentucky; Chelsea, Massachusetts; St. Louis, Missouri; Chapel Hill, Greensboro, Raleigh, and Wilmington, North Carolina; Cincinnati, Ohio; Providence, Rhode Island; and, Nashville, Tennessee. The criminal enterprise was dismantled within the United States on November 18, 2010.
On February 16, 2012, United States District Judge James R. Spencer sentenced the overall leader, Israel Cruz Millan, to 300 months’ imprisonment. On March 2, 2012, United States District Judge Henry E. Hudson sentenced Oliverez-Jiminez to two consecutive life terms in prison, for racketeering, murder, kidnapping, conspiracy to commit money laundering, and conspiracy to produce and transfer false identification documents.
In connection with their previous guilty pleas, Patino Sanchez and Alvarado Gonzalez admitted to their respective roles in helping the FDE restart its criminal activities in the United States following the 2010 arrests described above. Beginning at some point prior to February 2012, Manuel Hidalgo Flores, also known as “Chino,” “Chimuelo” and “Julio,” began managing the organization’s operations in the United States, supervising operations in Richmond, Virginia; Springdale, Arkansas; Boston, Massachusetts; Raleigh, North Carolina; Cincinnati, Ohio; and Pawtucket, Rhode Island. As in the previous case, the FDE produced high-quality false identification cards for distribution to illegal aliens. In most cities where the organization operated, Hidalgo Flores placed a cell manager to supervise a number of “runners,” the lower level members of the organization who distributed business cards advertising the organization’s services and helped facilitate transactions with customers.
Beneath Hidalgo Flores, Patino Sanchez served as the manager of the Richmond, Virginia cell, and Alvarado Gonzalez managed the Pawtucket, Rhode Island cell. In general, within each cell, the manager was responsible for distributing the fraudulent documents using information obtained from clients by “runners.” The runners would recruit illegal alien clients who wished to obtain false identification documents, including counterfeit Permanent Resident Alien Cards (also known as “Green Cards”), Social Security Cards, out-of-state identification cards, and various international documents. Upon identifying a specific client, a runner would relay identifying information and photographs from the client to the printer via cellular telephone or other method. The printer would, in turn, use a computer and printer to create fraudulent identification documents for the client, depending on the nature of the order received from the client. Once the documents were complete, the runner would usually provide the documents to the client in exchange for United States currency. A client would generally pay approximately $150 for a set of fraudulent identification documents (such as a Permanent Resident Alien Card and Social Security Card). Each cell maintained detailed sales records and divided the proceeds between the runner, the cell manager, and the upper level managers in Mexico. In addition, the FDE used Western Union and MoneyGram to funnel criminal proceeds to Mexico.
The evidence during the Oliverez-Jiminez trial detailed how members of the organization sought to drive competitors from their territory by posing as customers in search of fraudulent documents and then attacking the competitors when they arrived to make a sale. In the current case, Patino Sanchez admitted to his role in targeting a competitor in the Richmond, Virginia area on October 6, 2013. This defendant, along with others, identified a competitor (referred to as “L.G.”) who was selling fraudulent documents in competition with the Richmond cell. A co-defendant posed as a customer and contacted L.G. about setting up a fraudulent documents transaction. L.G. then met with the co-defendant at a designated location. At the same time, Patino Sanchez, along with other FDE members, was surveilling the transaction. The defendants planned to follow competitor L.G. after the transaction to find where he (L.G.) produced fraudulent identification documents. The group intended to assault L.G. and steal L.G.’s printing equipment by means of actual and threatened force, violence, and fear of injury. Through this planned conduct, FDE members hoped to stop L.G. from selling fraudulent identification documents and to enhance the FDE’s control of the Richmond area fraudulent document market. Unbeknownst to the FDE members, law enforcement officers were also surveilling the October 6, 2013 transaction. Due to law enforcement intervention, competitor L.G. was detained during a traffic stop and the FDE members fled the area. According to his plea documents, Patino Sanchez admitted that absent law enforcement intervention, he and his cohorts would have carried out their plan against L.G.
To date, 42 members of this organization charged in the Richmond, Virginia federal cases have been convicted. In the current case, 9 defendants are awaiting sentencing, with their hearings scheduled before Judge Spencer over the next two months.
The case was investigated by the Richmond and Norfolk offices of ICE’s Homeland Security Investigations (HSI), which falls under the Washington, D.C., office. ICE HSI received assistance from the Virginia State Police, Chesterfield County Police Department, and Henrico County Police Department. Assistant United States Attorney Michael Gill and Trial Attorney Maria Gonzalez Calvet, of the Criminal Division's Fraud Section, are prosecuting the case on behalf of the United States
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Tweet
Two Kansas City Men Indicted in Overland Park Bank RobberyRead the Press Release
KANSAS CITY, KAN. – Two Kansas City men were indicted today on a federal bank robbery charge, U.S. Attorney Barry Grissom said.
Dale Williamson, 34, Kansas City, Mo., and Robert Robinson, 40, Kansas City, Mo., were charged with one of count bank robbery in connection with the May 22, 2014, robbery of the Bank of America, 15811 Metcalf Avenue in Overland Park, Kan.
The men initially were charged in a criminal complaint filed June 14 in U.S. District Court in Kansas City, Kan. It is alleged that Robinson, wearing a baseball cap and a hoodie, walked into the bank holding a cellular telephone to his ear. He showed a clerk a note saying, “I have a gun. I will kill you.” He tucked the money from the robbery into a folder and walked out of the bank.
After investigators released surveillance photos from the robbery, they identified Robinson as the bank robber and Williamson as an accomplice who planned the robbery and drove the getaway car.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000. The FBI and the Overland Park Police Dept. investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting .
OTHER INDICTMENTSGary A. Schutza, Jr., 56, Prairie Village, Kan., is charged with one count of possession of child pornography and one count of receiving child pornography. The crimes are alleged to have occurred in 2013 in Johnson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the possession charge, and a penalty of not less than five years and a fine up to $250,000 on the charge of receiving child pornography. Homeland Security Investigations investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
Dacco Shane Muth, 27, Leavenworth, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction, one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a sawed off shotgun. The crimes are alleged to have occurred March 15, 2014, in Bonner Springs, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each of the firearms charges and a maximum penalty of 20 years and a fine up to $1 million on the drug charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bonner Springs Police Department investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
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Two Defendants Appear in Federal Court in Beckley on Drug ChargesRead the Press Release
Pill Dealer Gets 12 Years in Federal Prison
Beckley, W.Va. – United States Attorney Booth Goodwin announced today that two defendants appeared before United States District Judge Irene C. Berger on drug charges in federal court in Beckley. Michael Harshaw, 38, of Hinton, was sentenced to 10 years in prison after previously pleading guilty to using a telephone on October 3, 2012 to set up a transaction in which he distributed five oxycodone pills to a person cooperating with authorities. He also admitted that on October 10, 2012, he possessed a quantity of pills containing alprazolam, also known as xanax. Both offenses occurred in Hinton. Harshaw received an additional 2 years in prison for violating the conditions of supervised release imposed in connection with a previous federal drug conviction. His case was investigated by the West Virginia State Police Bureau of Criminal Investigations and was prosecuted by Assistant United States Attorney John File.
Tiffany Rose Arbogast, 24, of Lewisburg, pled guilty to distributing heroin in Lewisburg to a person cooperating with authorities on December 15, 2012. Arborgast also admitted that she had distributed between five and ten grams of heroin over a period of time. She faces up to 20 years in prison and a fine of up to $1,000,000 when she is sentenced on October 23, 2014. This case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force in connection with the Greenbrier County Heroin and Pill Initiative. The prosecution is being handled by Assistant United States Attorney John File.
These cases are part of an ongoing effort 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 the distribution of heroin in southern West Virginia.
Toray Chemical Korea Resolves Attempted Theft of Trade Secrets Investigation and Agrees to Pay over $2 Million PenaltyRead the Press Release
RICHMOND, Va. – Toray Chemical Korea, Inc., formerly doing business as Woongjin Chemical Co., Ltd., a South Korean chemical company, agreed to pay a criminal penalty of over $2 million to resolve an attempted theft of trade secrets investigation, announced Dana J. Boente, U.S. Attorney for the Eastern District of Virginia.
The U.S. Attorney’s Office filed a criminal information today against Toray Chemical and a two-year deferred prosecution agreement in the U.S. District Court for the Eastern District of Virginia. The one-count information charges Toray Chemical with attempted theft of trade secrets. As part of the deferred prosecution agreement, Toray Chemical agreed to pay a $2,058,000 penalty for its illegal activity, implement an enhanced compliance and ethics program, continue to cooperate with the government’s investigation and remediate past problems.
“These criminal charges reflect the Eastern District of Virginia’s continued commitment to protecting one of this country’s greatest assets—the innovation and ingenuity of the American people,” said U.S. Attorney Boente. “The terms of the deferred prosecution agreement in this case should send a strong message to businesses in the United States and around the world that substantial cooperation with law enforcement is one of the most effective ways to demonstrate that a company is truly committed to addressing the criminal conduct of its executives and ensuring that such conduct does not occur in the future.”
According to court documents, Toray Chemical, formerly doing business as Woongjin Chemical, endeavored to develop Arawin®, a meta-aramid fiber designed to compete with a product called Nomex®. Meta-aramid fibers are used in a variety of applications, including protective fabrics, electrical insulation and lightweight structural support for commercial aircraft. Nomex is produced by E. I. du Pont de Nemours and Company (DuPont), one of the largest chemical companies in the United States.
From January 2011 through November 2011, Woongjin Chemical sought to improve its Arawin product by hiring and attempting to hire as consultants former DuPont employees with knowledge of Nomex technology, in particular the process for manufacturing Nomex paper. To that end, two former DuPont employees met with Woongjin Chemical executives in South Korea. During this visit, Woongjin Chemical engineers repeatedly asked the former DuPont employees to disclose aspects of the Nomex manufacturing process, including details about the short-cut fiber, known as floc, used to make Nomex paper.
One of the former DuPont employees offered to confirm the specific length and conditions used to produce floc by speaking with a current DuPont employee when he returned to the United States. Although the former DuPont employee did not obtain the information Woongjin Chemical requested when he returned to the United States, the company continued to seek information about DuPont’s process for manufacturing Nomex paper. Indeed, a Woongjin Chemical executive directed another employee to obtain a sample of Nomex floc from a DuPont distributor or customer by legal or illegal means. Shortly thereafter, Woongjin Chemical executives learned that FBI agents interviewed the two former DuPont employees regarding the potential theft of DuPont trade secrets.
The deferred prosecution agreement acknowledges Toray Chemical’s extraordinary cooperation with the government’s investigation, including an extensive, thorough and swift internal investigation, producing relevant documents from outside the United States, and collecting, analyzing, organizing and, in many instances, translating voluminous evidence and information for the United States. In addition, the agreement highlights that Toray Chemical has already undertaken remedial measures, including suspension of and ultimate refusal to renew contracts with certain consultants and implementation of new policies and procedures for key employees.
This case was investigated by the FBI’s Richmond Field Office. Assistant U.S. Attorneys Katherine Lee Martin and Michael S. Dry are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:14-cr-93.Tweet
Tax Preparer Charged with Defrauding the GovernmentRead the Press Release
Atticus Rice, 51, of Sicklerville, NJ, was charged today by information with aiding in the preparing and filing of materially false tax returns, announced United States Attorney Zane David Memeger. The information alleges that Rice was a tax return preparer at Quick Taxes and Payroll Services, at 3858 Pulaski Avenue, in Philadelphia, who prepared false tax returns for a number of individuals. Between 2008 and 2013, Rice allegedly prepared false tax returns by reporting false income, false expenses, and false tax credits, resulting in tax losses of approximately $162,217.
If convicted, the defendant faces a maximum possible sentence of 15 years in prison, restitution to the IRS, and a $500 special assessment.
The case was investigated by Internal Revenue Service Criminal Investigations and is being prosecuted by Assistant United States Attorney Sarah L. Grieb.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
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PATTY HARTMAN, Media Contact, 215-861-8525Suring, WI Man Sentenced to Approximately 22 Years in Prison for Sexual Abuse of a ChildRead the Press Release
United States Attorney James L. Santelle announced that Norman W. Corn Jr., (age: 47), of Suring, located on the Menominee Indian Reservation, in the State of Wisconsin, was sentenced on July 1, 2014, to 262 months of imprisonment, followed by a term of life on supervised release. The sentence was the result of a guilty plea by Corn on April 7, 2014, to a federal information charging him with two counts of sexually abusing a person incapable of appraising the nature of the conduct.
The investigation revealed that during the summer of 2013, Corn sexually abused an eight-year-old female child, who turned nine years of age during the summer, at a residence on the Menominee Indian Reservation. The child indicated indicated that on two specific occasions Corn sexually assaulted her. During an interview with law enforcement officers Corn admitted that he sexually assaulted the child.
The case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
St. Albans Felon Sentenced to Two and A Half Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
Charleston, W.Va. - Lucas R. Lynch, 31, of St. Albans, West Virginia was sentenced to 30 months in prison for being a felon in possession of firearms, United States Attorney Booth Goodwin announced today. Lynch, who is prohibited from possessing guns because of a 2003 felony conviction, conspired with Keary Drake of Charleston to sell stolen firearms and split the proceeds.
On September 8, 2013, Drake and Lynch drove to a St. Albans home where Mr. Lynch picked up two guns he had placed there previously. While driving through St. Albans, a St. Albans Patrolman attempted to pull over Drake for a traffic violation. Both guns--a rifle and a shotgun--were in Drake’s car at the time beside Lynch. Drake did not immediately pull over. During the chase, Lynch jumped from Drake’s car around Rock Lake, South Charleston and was injured when Drake drove over Lynch’s ankle. Drake continued to drive away from police at high speed until his car engine stalled in South Charleston. Drake previously pled guilty and was also sentenced as a minor participant in the scheme. The firearms were returned to the lawful owner.
The St. Albans Police Department conducted the investigation, assisted by the United States Bureau of Alcohol, Firearms and Tobacco Enforcement. Erik S. Goes and Jennifer Rada prosecuted the matter on behalf of the United States. Judge Thomas Johnston, United States District Judge was the presiding judge.
South Euclid Woman Sentenced to 14 Years in Prison for Identitiy Theft and FraudRead the Press Release
A South Euclid woman was sentenced to 14 years in prison for her role in a variety of schemes that resulted in a loss of more than $73,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Angelique Bankston, 42, was also ordered to pay $73,554 in restitution. She was convicted last year on 23 counts, including conspiracy to commit bank fraud and money laundering, conspiracy to commit mail fraud and money laundering, aggravated identity theft and related charges.
Jocelyn Hale, 32, of Cleveland, previously pleaded guilty to her role in the conspiracies and is currently serving a 45-month prison sentence.
Bankston and Hale, using identities of several individuals without their authority, defrauded Citizens Bank, Lending Club Corporation, and Wells Fargo Bank.
Bankston and Hale funded a Wells Fargo Bank account with counterfeit funds totaling $13,027.22. They also funded a second Wells Fargo Bank account with illegally obtained funds, according to court documents.
Bankston also defrauded the Ohio Department of Job and Family Services (ODJFS) and Dollar Bank. She funded a Dollar Bank account with illegally obtained funds totaling $27,460. Bankston defrauded ODJFS by causing the United States Postal Service to hold mail for several individuals, without their authority. Bankston then stole U.S. Bank ReliaCards issued by ODFJS in the amount of $2,800 in the names of those individuals, according to court documents.
“This defendant stole from banks, private citizens and the government,” Dettelbach said.
“Investigating identity theft and money laundering is a priority for Criminal Investigation,” said Kathy Enstrom, Special Agent in Charge of the Internal Revenue Service’s Cincinnati Field Office. “Stealing identities is a serious crime that hurts innocent taxpayers. Be assured that IRS Criminal Investigation, together with our partners and the U.S. Attorney's Office, will hold those who engage in similar behavior fully accountable."
Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office, said: “This individual lined her greedy pockets by taking advantage of others via numerous schemes and is being held accountable for her illegal actions.”
This case is being prosecuted by Assistant United States Attorney Mark S. Bennett, following an investigation by the Internal Revenue Service, Criminal Investigation, Federal Bureau of Investigation, and United States Postal Service, Cleveland.
Shreveport Man Sentenced to 264 Months in Prison for Cocaine DistributionRead the Press Release
SHREVEPORT, La. –A Shreveport man was sentenced to 264 months in prison and eight years of supervised release for his role in a Shreveport cocaine distribution conspiracy, U.S. Attorney Stephanie A. Finley announced today.
Quacy L. Francis, 38, of Shreveport was sentenced by U.S. District Judge Donald E. Walter for one count of conspiracy to possess with intent to distribute cocaine base. According to evidence presented at the guilty pleas in January 2014, Francis and others conspired to possess with intent to distribute cocaine base in the Shreveport area from November 2012 to May 2013. The FBI conducted three controlled purchases of cocaine, both crack and powder, from Francis. Francis purchased cocaine from Michael T. Johnson, 40, of Shreveport, and others to be distributed in the Shreveport area. Lemarcus Miller, 32, and Demarkus Miller, 32, both from Shreveport, were also part of the conspiracy.
Demarkus Miller and Lemarcus Miller were each sentenced to 60 months in prison and four years of supervised release on March 27, 2014 and May 16, 2014 respectively. Johnson was sentenced to 120 months in prison and eight years of supervised release on April 28, 2014.
This case is part of an investigation called Operation Dry Cedar conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint multi-agency group consisting of federal, state, and local law enforcement agencies with a cooperative approach to combat drug trafficking. Operation Dry Cedar was a jointly conducted investigation by the FBI’s Northwest Louisiana Violent Crimes Task Force, DEA, Bossier City Police Department, Bossier Parish Sheriff’s Office, Caddo Parish Sheriff’s Office, DeSoto Parish Sheriff’s Office, and Louisiana State Police.
Assistant U.S. Attorney Allison D. Bushnell prosecuted the case.
San Antonio Gang Member Sentenced to 40 Years in Federal Prison for Drug and Firearms ViolationsRead the Press Release
In San Antonio today, 25-year-old Arnoldo Lopez (a.k.a. “Looney”), a member of the Duffle Bag Mafia in San Antonio, was sentenced to 40 years in federal prison for various drug and firearms offenses announced United States Attorney Robert Pitman, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, Houston Division and Homeland Security Investigations (HSI) Special Agent in Charge Janice Ayala, San Antonio Division.
United States District Judge Xavier Rodriguez sentenced Lopez to 35 years in prison for conspiracy to possess with intent to distribute “crack” cocaine plus five additional years imprisonment for possession of a firearm during a drug trafficking crime. In a separate, but related case, Judge Rodriguez sentenced Lopez to five years in prison on six separate charges of making a false statement during the purchase of a firearm. Judge Rodriguez ordered the prison terms assessed for each of the false statement charges to run concurrent with the drug and firearm prison terms.
On September 5, 2013, Lopez pleaded guilty to the above-mentioned charges. According to court records, on October 4, 2012, Lopez and others were apprehended by the San Antonio Police Department Gang Unit while in possession of distributable quantities of “crack” cocaine as well as four firearms including one assault rifle, two shotguns and a semi-automatic pistol. Prior to his arrest, HSI agents were investigating a firearms straw purchasing operation wherein Lopez directed other individuals to purchase dozens of firearms under false pretenses. The weapons purchased included AK-47 and AR-15 type assault rifles which were destined for the Los Zetas Cartel.
SAC Elder stated: “This investigation is an outstanding example of where cooperative efforts of ATF, HSI, and the San Antonio Police Department can lead. Anytime we get a criminal of this magnitude off the streets is a good day for our citizens.”
SAC Ayala stated: “Today's sentencing of Arnoldo Lopez sends a clear message that those who engage in and/or facilitate the straw purchasing and smuggling of weaponry, and related items, will face serious consequences. HSI, ATF, and our law enforcement partners are dedicated to making communities safer by bringing violent criminals to justice and preventing or seizing firearms before they fall into the hands of transnational criminal organizations who pose a threat to public safety both here and abroad.”
On February 26, 2014, Lopez’ co-defendant, 31-year-old Michael Gutierrez, was sentenced to 248 months in federal prison for his role in the drug distribution scheme. Two other co-defendants in the drug distribution scheme are awaiting sentencing. Six co-defendants in the firearms straw purchasing scheme have been sentenced to terms ranging from three years probation to 57 months in federal prison.
These charges resulted from investigations conducted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, Homeland Security Investigations and the San Antonio Police Department. Assistant United States Attorneys Russell Leachman and Bettina Richardson prosecuted these cases on behalf of the Government.Romanian Citizen Involved in Internet Phishing Scheme Sentenced to 45 Months in Federal PrisonRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that IULIAN SCHIOPU, 34, of Romania, was sentenced yesterday by Chief U.S. District Judge Janet C. Hall in New Haven to 45 months of imprisonment for his role in an extensive Internet “phishing” scheme.
A phishing scheme uses the Internet to target large numbers of unwary individuals, using fraud and deceit to obtain private personal and financial information such as names, addresses, bank account numbers, credit card numbers and Social Security numbers. Phishing schemes often work by sending out large numbers of counterfeit e-mail messages that are made to appear as if they originated from legitimate banks, financial institutions or other companies. The fraudulent email messages ask individuals to click on a hyperlink contained in the email message, which would take the individual to a counterfeit site on the Internet that purports to be the Internet site of the particular bank, financial institution or company. At the counterfeit Internet site, the individual is then asked to enter information such as the individual’s name, address and credit or debit card numbers.
According to court documents and statements made in court, in June 2005 a resident of Madison, Conn., contacted the FBI in New Haven about a suspicious email that she had received that purported to be from Connecticut-based People’s Bank. The email stated that the recipient’s online banking access profile had been locked and instructed the recipient to click on a link to a web page where the recipient could enter information to “unlock” his or her profile. The web page appeared to originate from People’s Bank, but, as the investigation revealed, was actually hosted on a compromised computer in Minnesota. Any personal identifying and financial information provided by the individual would be sent by email to individuals in Romania, or to a “collector” account, which was an email account used to receive and collect the information obtained through phishing.
SCHIOPU and others were part of a loose-knit conspiracy of individuals from Craiova, Romania, and neighboring areas that shared files, tools, and stolen information obtained through phishing. The co-conspirators used and shared a number of collector accounts, which contained thousands of email messages that contained credit or debit card numbers, expiration dates, CVV codes, PIN numbers, and other personal identification information such as names, addresses, telephone numbers, dates of birth, and Social Security numbers. The co-conspirators then used the personal and financial information to access bank accounts and lines of credit and to withdraw funds without authorization, often from ATMs in Romania.
In addition to People’s Bank, financial institutions and companies targeted by the defendants included Citibank, Capital One, Bank of America, JPMorgan Chase & Co., Comerica Bank, Regions Bank, LaSalle Bank, U.S. Bank, Wells Fargo & Co., eBay and PayPal.
SCHIOPU was arrested in Sweden on May 7, 2013, and was extradited to the U.S. on September 12, 2013.
This investigation, which resulted in criminal charges against 19 Romanian citizens, was conducted by the Federal Bureau of Investigation in New Haven, Conn.
U.S. Attorney Daly acknowledged the critical assistance provided by the U.S. Department of Justice Office of International Affairs, the FBI Legal Attaché in Bucharest, Interpol, the Romanian National Police and the United States Marshals Service.
The case was prosecuted by Assistant U.S. Attorneys Edward Chang and Sarala Nagala.
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(203) 821-3722 [email protected]Rochester Woman Indicted in Sex Trafficking and Transportation CaseRead the Press Release
ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester, N.Y. has returned a three-count indictment charging Jodia Campbell, 32, of Rochester, with sex trafficking of a minor, transportation of a minor across state lines with intent that the minor engage in prostitution, and transportation of an individual across state lines with intent that the individual engage in prostitution. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to a complaint filed against the defendant in April 2014, Rochester Police began investigating the alleged prostitution of a 16 year old female from Rochester, using the name “Cherry Red” on backpage.com in Pennsylvania in April 2013. According to the complaint, the 16-year-old alleged that she was recruited by a woman named Jennifer Miller and taken to New Jersey and Pennsylvania to engage in prostitution by Jodia Campbell along with Jennifer Miller and Laree Greggs. Other adult individuals also alleged having been transported by Greggs, Miller and Campbell at various times, out of state, to prostitute. Investigators reviewed backpage.com ads and found contact information associated with Miller, Campbell and Greggs.
Jennifer Miller and Laree Greggs are charged in separate criminal complaints with similar charges.
The indictment is the culmination of an investigation on the part of the FBI's Cyber Task Force, which includes the Rochester Police Department under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s Office under the direction of Chief Patrick O’Flynn and Special Agents of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Readout of Deputy Attorney General’s Tour of Border Station in McAllen, TexasRead the Press Release
Deputy Attorney General James Cole made a return trip today to the U.S. Customs and Border Protection’s McAllen Station and processing facility to discuss steps the Department of Justice is taking to help address the influx of migrants crossing the southwest border.
Chief Patrol Agent Kevin Oaks and Deputy Chief Patrol Agent Raul Ortiz gave the Deputy Attorney General a tour of the facility and a briefing on the operations at McAllen. McAllen staff discussed the numbers of migrants that are arriving each day, including the numbers of unaccompanied children, families and adults; and the reasons, including violence in Central American countries, that many are giving for making the dangerous trek to the U.S. border. Cole also viewed the station’s processing facility, where migrants who have arrived in the past few days are housed.
During his talk with McAllen staff, Cole took the opportunity to highlight the Justice Department’s commitment to prioritizing adjudication of cases that fall into the following four groups: unaccompanied children who recently crossed the border; families who recently crossed the border and are held in detention; families who recently crossed the border but are on “alternatives to detention;” and other detained cases, including border crossers and significant public safety threats. He also emphasized that the department’s intention to reassign immigration judges in immigration courts around the country from their current dockets to hear the cases of individuals falling in these four groups.
Cole noted that the department is also seeking new funding for as many as 40 more immigration judges and to provide technical assistance to Central American countries in identifying and dismantling smuggling operations that take advantage of migrants seeking to enter the U.S. He also noted that the department has requested funding to provide technical assistance in combating transnational crime and the threat posed by criminal gangs. Cole reiterated that the department continues to focus on investigating and prosecuting smugglers who exploit and victimize vulnerable migrants, including children, in partnership with DHS and foreign governments. The discussion with McAllen staff also included a productive exchange of ideas on strategic ways to combat smuggling.
The Deputy Attorney General was impressed by the professionalism and dedication of the McAllen staff and thanked them for their service. Cole last visited the facility in November 2013.
Philadelphia Man Charged with Assaulting Federal OfficersRead the Press Release
Eugene Dykes, Jr., 27, of Philadelphia, Pennsylvania, was charged today by indictment with two counts of assaulting federal agents while they were engaged in their official duties, on or about October 17, 2013, in Philadelphia, Pennsylvania, announced United States Attorney Zane David Memeger. The indictment charges that the defendant used a dangerous weapon, that is, a motor vehicle, to forcibly assault federal task force officers.
If convicted, Dykes faces a maximum sentence of 40 years imprisonment; three years supervised release; a $500,000 fine; and a $200 special assessment.
This case has been investigated by the Federal Bureau of Investigation, the United States Marshals Service, the Pennsylvania State Probation and Parole Fugitive Unit, and the Philadelphia Police Department. The case has been assigned to Assistant United States Attorney Thomas M. Zaleski.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Participants in Oxycodone Prescription Forgery Ring Sentenced to Federal PrisonRead the Press Release
NEW BERN – July 9, 2014 – United States Attorney Thomas G. Walker announced that today in federal court, United States District Judge Louise W. Flanagan sentenced the final two defendants of a six-defendant federal prescription pill distribution conspiracy. THOMAS FRANCIS PARADIS, 34, of Kinston, NC, was sentenced to 58 months’ imprisonment, followed by three years of supervised release and ordered to pay a $1,000 fine. JESSE LEE HOOD, 26, of Goldsboro, NC, was sentenced to 69 months’ imprisonment, followed by three years of supervised release and ordered to pay a $2,000 fine.
Mr. Walker stated, “Prescription drug abuse is a serious problem and my office will continue to prosecute these cases aggresively. This case is the result of outstanding cooperation between local, state, and federal law enforcement agencies who worked tirelessly to bring these defendants to justice.”
On July 8, 2014, CASEY RYAN O’QUIN, 31, of New Bern, NC, was sentenced to 100 months’ imprisonment, followed by 3 years of supervised released while his wife, CHRISTIAN NICOLE O’QUIN received a sentence of 95 months’ imprisonment followed by 3 years of supervised release on June 3, 2014. The O’QUINs were further ordered to forfeit $33,662 that was seized during a traffic stop on February 1, 2012.
CHRISTOPHER GERALD CHERICO, 26, of Sneads Ferry, NC, was sentenced on April 2, 2014, to 44 months’ imprisonment followed by three years of supervised release and JOSHUA ALAN ILEY, 23, of Longview, TX, was sentenced on November 7, 2013, to 30 months’ imprisonment followed by three years of supervised release.
All of the above defendants pled guilty to conspiring to distribute and possess with the intent to distribute Oxycodone. Investigation revealed that while CASEY O’QUIN and JESSE HOOD were incarcerated together in late 2010, HOOD explained to O’QUIN how to forge prescriptions utilizing a computer, printer, and specialized paper. Following their release from prison in the spring of 2011, HOOD, along with CASEY O’QUIN and his wife NICOLE O’QUIN, began to create and pass fraudulent prescriptions across Eastern North Carolina until HOOD’s arrest on unrelated charges in South Carolina. While HOOD was incarcerated in South Carolina, the O’QUINs recruited PARADIS, CHERICO, ILEY and others as accomplices to assist them in filling the prescriptions they created at pharmacies across North Carolina. After being released from prison in South Carolina, HOOD returned to North Carolina and renewed his participation in the scheme.
PARADIS, CHERICO and ILEY were taken into custody after being identified by law enforcement passing fraudulent prescriptions. HOOD and the O’QUINs were arrested as a result of controlled purchases conducted by law enforcement. At the time of their arrest, the O’QUINs were found to be in possession of $33,662, and three motor vehicles, all of which were seized by law enforcement.
In total, law enforcement was able to identify at least 137 fraudulent prescriptions that were filled at pharmacies in 23 counties across North Carolina as a part of this conspiracy, resulting in the distribution of over 16,000 Oxycodone pills.
District 3B District Attorney Scott Thomas said, “Illegal possession and distribution of prescription pain pills is a major threat. It leads to addiction, theft, violence, injury and even death. Law enforcement agencies and prosecutors are working together at the local, state and federal levels to fight these crimes. Every drug dealer sentenced to prison results in fewer pills in our communities. We will continue to conduct investigations and prosecutions targeting these offenders who engage in these activities.”
Investigation of this case was conducted by the Cape Carteret Police Department, Carteret County Sheriff’s Office, Cary Police Department, Craven County Sheriff’s Office, Greenville Police Department, Havelock Police Department, Holly Ridge Police Department, Jacksonville Police Department, Naval Criminal Investigative Service, New Bern Police Department, Onslow County Sheriff’s Office, Pamlico County Sheriff’s Office, Pitt County Sheriff’s Office, State Bureau of Investigation, Surf City Police Department, and the Wayne County Sheriff’s Office. Special Assistant United States Attorney Augustus Willis represented the government and was assisted in this case by Special Assistant United States Attorney Glenn Perry. Mr. Willis is a prosecutor with the District 3-B District Attorney’s Office encompassing Carteret, Craven and Pamlico Counties, while Mr. Perry is a prosecutor with the District 3-A District Attorney’s Office serving Pitt County. District Attorneys Scott Thomas and Kimberly Robb have assigned them to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters. Their positions are funded through a grant provided by the Governor’s Crime Commission.
In addition to the District Attorney’s Offices of Districts 3-A and 3-B, the prosecution of this matter was also assisted by the District Attorney’s Offices of Districts 4-B (Duplin, Jones, Onslow and Sampson) and 10 (Wake).
Overbrook Man Sentenced to Prison for Online Ticket Fraud SchemeRead the Press Release
PITTSBURGH - A Pittsburgh resident has been sentenced in federal court to 18 months imprisonment, with three years of supervised release to follow, on his conviction of wire fraud, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Daniel J. Isabella, Jr., 30.
According to information presented to the court, from January through September of 2012, Isabella advertised online the sale of tickets to entertainment events. Although Isabella had no tickets to these events, potential purchasers were instructed to send money for the advertised tickets. Isabella defrauded over 250 potential ticket purchasers of over $70,000.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Isabella.
New Jersey Man Convicted of Enticing A Minor to Travel in Interstate Commerce to Engage in Illegal Sexual ActivityRead the Press Release
Following a three-day trial, a federal jury in Brooklyn, New York, today found Gregory John Schaffer guilty of enticement to travel to engage in illegal sexual activity, enticement of a minor to engage in illegal sexual activity, attempted enticement to travel to engage in illegal sexual activity, and enticement of a minor to engage in illegal sexual activity.
The convictions were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and James T. Hayes, Jr., Special Agent-in-Charge, U.S. Department of Homeland Security, Homeland Security Investigations (HSI), New York Field Office.
Using the website Craigslist, the defendant lured the victim, a 15-year-old girl from Brooklyn, to his Jersey City, New Jersey, office with false promises of a job. Once there, however, the defendant convinced her to try on several provocative swimsuits, filming her as she changed into them, and repeatedly touched the victim’s breasts, buttocks and groin. The defendant also tricked her into signing a contract that, he claimed, obligated her to have sex with him. When the victim asked to be let out of the contract, the defendant threatened to sue her and her family for breach of contract. The defendant then told the victim that he would be willing to change the contract if she had sex with him. The defendant then had sex with the victim and warned her not to tell anyone about the sex because of an alleged confidentiality agreement in the contract.
“We are committed to protecting children and adolescents from online predators,” stated United States Attorney Lynch. “The defendant created a fake document and spurious legal obligation in order to confuse and exploit a vulnerable young girl. Those who sexually exploit children will be prosecuted to the full extent of the law.” Ms. Lynch expressed her grateful appreciation to the New York Field Office of HSI, the agency responsible for leading the government’s investigation, and the New York Police Department, for assisting in the investigation.
When sentenced by United States District Judge Allyne R. Ross, the defendant faces a mandatory minimum sentence of 10 years’ imprisonment and a maximum term of life imprisonment on each of the four counts of the indictment.
The government’s case was prosecuted by Assistant United States Attorney Peter W. Baldwin.
The Defendant:
GREGORY JOHN SCHAFFER
Age: 34
Navajo Man Receives Eighteen Month Prison Sentence for Violating Sex Offender Registration and Notification ActRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Copar Pumice Company, Inc., a mining company with a principal place of business in Rio Arriba County, N.M., and the owners of Copar and its affiliated companies (Copar), have paid $2.25 million to the U.S. Government to settle a civil lawsuit alleging the unauthorized mining and removal of pumice from El Cajete Mine on the Jemez National Recreational Area of the Santa Fe National Forest. The settlement agreement also requires that Copar relinquish all rights to its mining claims within the Jemez National Recreation Area and bars Copar from bidding on mineral material sales or purchasing mineral materials from the U.S.D.A. Forest Service.
The settlement agreement resolves a lawsuit filed by the Justice Department in 2009, on behalf of the U.S. Department of Agriculture, Forest Service, against Copar and owners Richard P. Cook, Shirley A. Cook, Debbie Cantrup, and Kelly Armstrong. According to court filings, federal laws limit the types of mining activities allowed in the Jemez National Recreation Area to protect unique resource and recreational values. Copar was authorized to remove larger-sized pumice, solely for its value and use in the stonewash laundry industry. Copar abused its mining privileges by crushing pumice and removing undersized pumice from the El Cajete Mine, and selling it for uses outside the laundry industry. When Copar refused to comply with the Forest Service’s notices to cease the unlawful practice, the Justice Department filed suit alleging that Copar had trespassed on National Forest System lands by exceeding the limits of their mining authorization.
After years of legal proceedings in the case, the Justice Department and Copar executed a settlement agreement at the end of May, 2014, resolving all of the claims in the lawsuit as well as claims in several related cases. Copar tendered the $2.25 million lump sum settlement payment in late June 2014, and yesterday the parties filed a stipulation of dismissal formally ending the litigation.
U.S. Attorney Damon P. Martinez commended the work of Assistant U.S. Attorney Ruth F. Keegan, Trial Attorneys Andrew A. Smith and Dominika N. Tarczynska of the Environmental and Natural Resources Division of the U.S. Department of Justice, and Attorney Advisor Steve Hattenbach of the Office of General Counsel of the U.S. Department of Agriculture, who litigated this case on behalf of the United States.
Michelle Rutledge Imprisoned Following Guilty Plea to Two Central Vermont EmbezzlementsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Michelle Rutledge, 47, of Berlin, was sentenced yesterday in United States District Court in Brattleboro to 24 months of imprisonment following her guilty plea to a charge of wire fraud. District Judge J. Garvan Murtha also ordered that Rutledge serve a three-year term of supervised release following completion of her prison sentence and pay restitution in the amount of $128,730.46. The court directed Rutledge to surrender to the Bureau of Prisons on August 19 to begin serving her sentence.
According to the information to which she pled guilty, for more than a dozen years Rutledge served as the office manager and bookkeeper for the Cold Hollow Cider Mill in Waterbury. For about three years, she also served as the treasurer for the Harwood Youth Hockey Association. Between June 2007 and June 2013, Rutledge embezzled not less than $75,000 from the cider mill by using company credit cards without authorization and causing electronic transfers of cider mill funds to pay personal bills and expenses. She also stole at least $53,000 from the Harwood Hockey Association by using credit cards without authorization and by paying personal bills with checks drawn against the Hockey Association checking account.
This case was investigated by the Vermont State Police and the Federal Bureau of Investigation.
Rutledge is represented by Brooks McArthur. The prosecutor is Assistant U.S. Attorney Gregory Waples.Mexican Citizen Apprehended in Cumberland County Indicted for Illegal ReentryRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 22-year-old native and citizen of Mexico has been charged with illegal reentry into the United States.
According to United States Attorney Peter Smith, David Aguilar-Araiza, age 22, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg today.
The indictment alleges that Aguilar-Araiza, previously arrested and deported in April 2012, reentered the United States and was apprehended in Cumberland County, Pennsylvania.
If convicted, Aguilar-Araiza faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO). It is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Mescalero Apache Man Sentenced to Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – James Darius Caje, 21, was sentenced today in Las Cruces federal court to 56 months and 25 days in federal prison followed by five years of supervised release for his conviction on a sexual abuse charge. Caje will be required to register as a sex offender after he completes his prison sentence.
Caje, a member and resident of the Mescalero Apache Nation, was arrested in March 2013, on a criminal complaint alleging that he sexually abused a Mescalero Apache woman on July 27, 2012, at a location within the Mescalero Apache Reservation. Caje was in tribal custody on related tribal charges when he was arrested.
In Aug. 2013, Caje was indicted and charged with sexually abusing a victim who was incapable of declining to participate in a sexual act. On Sept. 9, 2014, Caje pled guilty to the indictment and admitted sexually abusing the victim while she was lapsing in and out of consciousness.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Member of Violent Home Invasion Robbery Crew Sentenced to 264 Months for Conspiring to Commit Drug Robberies, Conspiring to Distribute Cocaine and Heroin, and Illegally Using A FirearmRead the Press Release
Randall Martinez was sentenced today to 264 months in prison by United States District Judge Sandra L. Townes at the federal courthouse in Brooklyn. Previously, Martinez pleaded guilty to robbery conspiracy, cocaine trafficking conspiracy, and firearm charges.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and James J. Hunt, Acting Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division.
Martinez was a member of a violent robbery crew responsible for more than 100 robberies of narcotics traffickers in the New York metropolitan area and elsewhere that netted more than 250 kilograms of cocaine and $1 million in drug proceeds. Beginning in approximately January 2001, crew members posed as law enforcement officers, staged fake arrests of the traffickers, and then forcibly seized the traffickers’ contraband. Members of the robbery crew restrained victims with handcuffs, rope, or duct tape. The crew members often brandished firearms and physically assaulted victims. Crew members sold the stolen drugs and divided the proceeds among themselves.
Martinez participated in at least 22 separate robberies and attempted robberies. During these crimes, Martinez personally entered the residences and, on at least nine occasions, Martinez or his fellow crew members brandished firearms. On one occasion, Martinez brought two firearms to the scene of a robbery and acted as the lookout for the robbery crew while a victim was strangled to death in the residence. The robberies and attempted robberies in which Martinez directly participated involved at least 600 kilograms of cocaine and approximately $434,000 in drug proceeds. Agents seized 107 kilograms of cocaine from these robberies.
Ms. Lynch extended her grateful appreciation to the DEA, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and the New York City Police Department.
The government’s case is being prosecuted by Assistant United States Attorneys Sylvia Shweder and Alexander Solomon.
The Defendant:
RANDALL MARTINEZ
Age: 33
Bronx, NY
E.D.N.Y. Docket Nos. 08-CR-242 and 12-CR-91
S.D.N.Y. Docket No. 10-CR-955 (removed to E.D.N.Y. for purposes of sentencing)
Man Convicted for Traveling to Various States to have Sex with a MinorRead the Press Release
Montgomery, Alabama - Charles Dean Partin, 38, of Clayton, Alabama was convicted today in federal court for traveling to Tennessee and Ohio to have sex with a minor child, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. He was also convicted of transporting a stolen vehicle across state lines.
During the two and a half day trial, the jury learned that Partin started molesting this child when she was eight years old. When the child was 14 years old, she got pregnant. DNA results proved Partin was the father. In the beginning of September 2012, Partin took the now 15 year old child to Tennessee. On the way to Tennessee, Partin ordered her to perform oral sex on him and while in Tennessee, the child and Partin had sex several times. While camping at a campground in Tennessee, a maintenance worker saw what he believed to be the child performing oral sex on Partin. Based on the report from the maintence worker, Tennessee law enforcement started to investigate Partin and the child was placed in DHR custody. Partin then devised a plan to abduct the child from DHR custody and go to Mexico. As part of his plan, Partin stole a van in Dothan, Alabama. Partin then tracked the child down at the child’s scheduled prenatal doctor visits in Dothan. Partin coerced the child into leaving the appointment with him and he and child left the State of Alabama in the stolen van. An Amber Alert was issued. During the trip, Partin and the child had sexual intercourse several times. Partin never went to Mexico, but decided to go to Ohio. After law enforcement received an anonymous tip that Partin and the child were in in Ohio, Partin was caught and arrested.
Partin is facing a sentence of at least ten years in prison, a fine of not more than $250,000 and five years of supervised release. There is no parole in the federal system.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Hamilton County, Tennessee Sheriff’s Office, and prosecuted by Assistant U.S. Attorneys Kevin Davidson, Jerusha Adams and Hollie Worley.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Man Convicted of Second Degree Murder Sentenced to 293 Months ImprisonmentRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Ernest Eugene Lillie, IV, age 24, was sentenced to 293 months after being convicted of second degree murder.
During the early morning hours of January 16, 2013, at approximately 6:13 a.m., a Yakama Nation Tribal police officer responded to a call for help. The officer arrived and observed a victim identified as J.M. who was in obvious pain. J.M. was transported to the hospital. Hospital staff observed that J.M. had suffered two gun shots wounds. J.M. identified the shooter. At about the same time, a Yakama Nation police officer found the body of a second victim, identified as A.M., positioned in a driveway on Kays Road. It was determined that A.M. had also had suffered two gunshot wounds. Yakama Nation Tribal Police officers and agents with the Federal Bureau of Investigation processed the crime scene and conducted an extensive search for evidence.
Agents immediately contacted the individual who had been identified by J.M. as the shooter. Agents quickly established that this individual was not involved in the shooting. Agents contacted several people who advised that they had observed Lillie, J.M., and A.M. together on the night of January 16, 2013. During the investigation, Lillie was contacted on multiple occasions and repeatedly denied any involvement in the shooting. As the investigation progressed, Agents discovered evidence which led to the matter being presented to a Grand Jury. The Grand Jury returned an Indictment and an arrest warrant was issued. Agents arrested the Defendant, advised him of his Miranda rights, and conducted an interview. Lillie subsequently confessed that he had shot A.M. and J.M. Lillie provided several details which only the shooter would have known.
On January 28, 2014, Lillie entered into a plea agreement and pled guilty to Second Degree Murder. On July 8, 2014, United States District Judge Thomas O. Rice sentenced Lillie to 293 months imprisonment, to be followed by 5 years of court supervision upon release from Federal prison. Lille was ordered to pay restitution in the amount of $75,427.33.
Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, "The United States Attorney's Office, the Federal Bureau of Investigation, and the Yakama Nation Police Department are committed to combating gun related violence within the external boundaries of the Yakama Nation. Anyone who commits a violent crime within the boundaries of the Yakama Nation will be sentenced to a lengthy term in federal prison."
The investigation was completed by the Federal Bureau of Investigation, and the Yakama Nation Tribal Police. The case was prosecuted by Assistant United States Attorney Tom Hanlon, United States Attorney's Office Eastern District of Washington.
CR-13-2074-TOR
Los Departamentos de Justicia y de Educación Realizan un Acuerdo Conciliatorio con el Sistema de Escuelas Públicas de la Parroquia Jefferson para Garantizar el Acceso Igualitario y la Ausencia de Discriminac...Read the Press Release
WASHINGTON – Los Departamentos de Justicia y de Educación anunciaron hoy que han realizado un acuerdo amplio con el Sistema de Escuelas Públicas de la Parroquia Jefferson en Louisiana [Jefferson Parish Public School System (JPPSS)] para garantizar que todos los estudiantes puedan matricularse en las escuelas, independientemente del origen nacional o el estado inmigratorio propios o de sus padres o tutores. El acuerdo también resuelve quejas acerca de las políticas y pràcticas del JPPSS de comunicación con los padres con conocimientos limitados del idioma inglés [Limited English Proficiency (LEP)] y la respuesta del JPPSS al presunto acoso de estudiantes hispanos debido a su origen nacional.
“Este acuerdo garantizarà que en la Parroquia de Jefferson, las puertas de las escuelas y a las oportunidades estén abiertas a todos los niños, independientemente de su procedencia”, señaló la Secretaria de Justicia Auxiliar Interina Jocelyn Samuels de la División de Derechos Civiles del Departamento de Justicia. “Felicitamos al distrito escolar por su cooperación para resolver este asunto y por su compromiso de asegurarse de que sus escuelas acojan y sean accesibles a todos los estudiantes y padres”.
“Aplaudimos a la Parroquia de Jefferson por asegurar que todos los estudiantes tengan acceso a sus escuelas públicas y que todos los padres, independientemente del idioma que hablen, cuenten con la información necesaria para que sus hijos puedan participar en y aprovechar plenamente sus programas educativos”, señaló la Secretaria Auxiliar Catherine E. Lhamon de la Oficina de Derechos Civiles del Departamento de Educación. “Nos complacerà trabajar con el Departamento de Justicia y el distrito escolar en resolver estos temas cruciales asociados a los derechos civiles”.
Específicamente, bajo los términos de un acuerdo voluntario de tres años de duración, el JPPSS:
- realizarà una revisión de materiales y políticas de matriculación antes del inicio del año escolar 2014-2015 para asegurarse de no excluir o desalentar a estudiantes en lo que se refiere a su matriculación debido a su ciudadanía o situación inmigratoria;
- se asegurarà de que no se les pida a padres y alumnos que presenten un número de seguro social, una tarjeta de seguro social, un documento de identidad emitido por el estado u otro documento que requiera prueba de ciudadanía o estado inmigratorio para inscribirse o graduarse;
- capacitarà anualmente a todos los empleados responsables de la matriculación e inscripción de alumnos en las políticas revisadas;
- implementarà una política de traducción e interpretación para garantizar que los padres LEP reciban información esencial en un idioma que comprendan;
- capacitarà anualmente a todo el personal del JPPSS que interactúe con el público respecto de la comunicación efectiva con padres LEP y los tipos de información que deben ser objeto de traducción o interpretación;
- crearà un comité asesor de padres bilingüe para que realice recomendaciones al JPPSS acerca del programa educativo para aprendices del idioma inglés, políticas de matriculación e inscripción, acoso e intimidación y comunicaciones con padres LEP;
- revisarà sus políticas y pràcticas actuales para garantizar que todas las quejas de discriminación debido a raza, color u origen nacional, incluidos alegatos de acoso por los mismos motivos, se investiguen y resuelvan adecuadamente;
- brindarà capacitación sobre la diversidad, contra el acoso y contra la intimidación para docentes, personal y alumnos de la Escuela Secundaria West Jefferson,donde se produjeron los supuestos hechos de acoso e intimidación; y
- realizarà anualmente una encuesta de ambiente escolar en la Escuela Secundaria West Jefferson para evaluar la presencia de acoso e intimidación debido a origen nacional, raza y/o color.
Los departamentos controlaràn diligentemente la implementación del acuerdo para garantizar una implementación efectiva y en tiempo hàbil, así como la igualdad de oportunidades para todos los alumnos respecto de la participación en los programas educativos de JPPSS.
El 8 de mayo de 2014, los departamentos divulgaron documentos de orientación recién revisados, en los que se recordó a todos los distritos escolares su obligación bajo la ley federal de brindar oportunidades educativas igualitarias a todos los niños residentes en sus distritos, independientemente de su raza, color, origen nacional, ciudadanía o estado inmigratorio o el estado de sus padres. Se encuentra una copia de la carta en el portal del Departamento de Educación.
El hacer valer el Título VI de la Ley de Derechos Civiles de 1964, el que prohíbe la discriminación debido a raza, color u origen nacional por destinatarios de asistencia financiera federal, es una de las principales prioridades de ambos departamentos. El Departamento de Justicia también hace valer el Título IV de la Ley de Derechos Civiles de 1964, el que prohíbe la discriminación debido a raza, color, origen nacional, sexo y religión en escuelas públicas, y la Ley de Igualdad de Oportunidades Educativas de 1974, la que exige que las escuelas tomen las medidas necesarias para superar las barreras idiomàticas que impiden la participación igualitaria en programas educativos por parte de los estudiantes.
Se encuentra en el portal del Departamento de Educación una versión firmada del acuerdo en formato PDF en inglés y español.
La misión de la Oficina de Derechos Civiles [Office for Civil Rights (OCR)] del Departamento de Educación es garantizar el acceso igualitario a la educación y promover la excelencia educativa en toda la nación haciendo valer enérgicamente los derechos civiles. La OCR es responsable de hacer valer las leyes federales de derechos civiles que prohíben la discriminación por instituciones educativas debido a discapacidad, raza, color, origen nacional, sexo y edad, así como la Ley de Acceso Igualitario a los Boy Scouts of America de 2001. Se encuentra información adicional sobre la oficina en este portal.
Existe información adicional disponible sobre la Sección de Oportunidades Educativas de la División de Derechos Civiles del Departamento de Justicia en el portal de la sección.
- realizarà una revisión de materiales y políticas de matriculación antes del inicio del año escolar 2014-2015 para asegurarse de no excluir o desalentar a estudiantes en lo que se refiere a su matriculación debido a su ciudadanía o situación inmigratoria;
Logan County Man Pleads Guilty to Tax Fraud in Connection with Arch Coal Kickback SchemeRead the Press Release
CHARLESTON, W.Va. – A 52-year-old Logan County man faces up to three years in prison after admitting today to filing false tax returns, United States Attorney Booth Goodwin announced. Gary Roeher, of Holden, West Virginia, entered a guilty plea before United States District Judge Thomas E. Johnston.
Roeher admitted that on his 2010 and 2011 federal tax returns, he illegally claimed business-expense deductions for kickbacks that he paid to an Arch Coal official at the company’s Mountain Laurel Mining Complex.
Roeher and the official receiving the kickbacks stole money from Arch through a dummy invoice scheme. In the scheme, Roeher would submit bills to Arch for non-existent supplies that Roeher had purportedly provided to the company. The Arch official on the other end of the scheme would then falsely certify that the supplies had been received, so that Arch’s accounting department would pay the false bills that Roeher had submitted. After he got paid by Arch, Roeher would then pay the Arch official a kickback in exchange for his participation in the scheme. It was these kickback payments that Roeher falsely claimed as legitimate business expenses on his 2010 and 2011 tax returns.
Between 2010 and 2011, Roeher paid the Known Person $35,170.60 in kickbacks. In accordance with his plea agreement, Roeher has agreed to forfeit that amount to the Internal Revenue Service.
Arch’s Mount Laurel Mining Complex is located in Sharples, Logan County, West Virginia.
Roeher also admitted he deducted approximately $43,000 as a business expense for his company, CM Supply, when Roeher actually used those funds to install an in-ground swimming pool at his residence.
Roeher is scheduled to be sentenced on October 15, 2014, at 2:00 pm, in Charleston.
Nine more guilty plea hearings are scheduled for other defendants associated with the Arch kickback scheme:
United States v. Alvis Porter, scheduled for 9:00 a.m. on July 10, 2014; United States v. Gary Griffith, scheduled for 1:30 p.m. on July 14, 2014; United States v. Ronald Barnette, scheduled for 3:00 p.m. on July 14, 2014; United States v. Scott Ellis, scheduled for 10:00 a.m. on July 16, 2014; United States v. Scott Herndon, scheduled for 10:30 a.m. on July 16, 2014; United States v. David Herndon, scheduled for 10:30 a.m. on July 17, 2014; United States v. Chadwick Lusk, scheduled for 10:30 a.m. on July 21, 2014; United States v. James Evans III, scheduled for 10:30 a.m. on August 4, 2014; and
United States v. David Runyon, scheduled for 10:00 a.m. on August 7, 2014.Today’s charge stems from an investigation being conducted by the FBI, IRS Criminal Investigation, United States Postal Inspection Service, and the West Virginia State Police. Assistant United States Attorney Meredith George Thomas is in charge of the prosecution.
Lincoln Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that David B. Romanski, 40, of Lincoln, Nebraska, was sentenced on July 9, 2014, in Lincoln, Nebraska, to nine years in prison by Senior United States District Judge Lyle E. Strom, for receipt of child pornography. After his release from prison, Romanski will be required to serve a 5 year term of supervised release and be registered as a sex offender.
While conducting an operation in February of last year, investigators with the Lincoln Police Department were investigating computers sharing child pornography on the internet. An IP address, assigned to Romanski was identified as having files of child pornography available on the Internet. On three occasions, investigators were able to make a direct connection to the computer at Romanski’s IP address and access the child pornography.
A search warrant was executed at Romanski’s residence. When investigators examined Romanski’s computers and external hard drive, they found over 1300 videos depicting sexually explicit conduct of children under the age of 18, including a number of videos which were allowed to be shared on a peer-to-peer network.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.This case was investigated by the Lincoln Police Department.
Laguna Pueblo Man Pleads Guilty to Attempted Robbery at Sky City CasinoRead the Press Release
ALBUQUERQUE – Steven Paul Tharpe, 51, a member and resident of the Laguna Pueblo, pleaded guilty this morning to an attempted robbery charge. Under the terms of the plea agreement, Tharpe will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.
Tharpe was arrested on May 15, 2014, based on an indictment charging him with attempted robbery. According to the indictment, on July 21, 2012, Tharpe attempted to commit a robbery in Indian Country in Cibola County, N.M.
During today’s proceedings, Tharpe entered a guilty plea to the indictment and admitted that he attempted to rob the Sky City Casino, which is located in Acoma Pueblo, on July 21, 2012. In his plea agreement, Tharpe admitted that he attempted to rob the Casino by displaying a BB gun to a teller in a cashier’s cage at the Casino and demanding money.
Tharpe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.Lafayette, Tennessee, Man Guilty of Two Bank Robberies in Kentucky and CarjackingRead the Press Release
BOWLING GREEN, Ky. – A Lafayette, Tennessee, man pleaded guilty today, before Magistrate Judge H. Brent Brennenstuhl, to the robbery of two banks located in Kentucky, and one-count carjacking in Adair County, Kentucky, announced David J. Hale, United States Attorney for the Western District of Kentucky.
Eugene Earl Gentry, age 63, pleaded guilty to four counts of a federal indictment including two counts of bank robbery through force, violence, and intimidation, one count of brandishing a firearm during a crime of violence and one count of carjacking. Gentry admitted in court to robbing the United Citizens Bank, located at 1582 Campbellsville Road, in Columbia, Kentucky, of approximately $90,000 on October 15, 2012. On the same day, in Adair County, Kentucky, Gentry stole a 1998 Ford Ranger Pickup from United Citizens Bank manager and in doing so brandished a semi-automatic handgun which carries an additional charge of carjacking. One year later, on October 29, 2013, Gentry attempted to rob the Citizens Bank, located at 209 Campbellsville Bypass, located in Campbellsville, Kentucky.
In court, the United States and Gentry agreed to a sentence of 240 months in prison and supervised release for a period of five years. Sentencing before Senior District Judge Thomas B. Russell is scheduled for October 8, 2014, at 11am, in Bowling Green.
This case is being prosecuted by Assistant United States Attorney Randy Ream and is being investigated by the Federal Bureau of Investigation (FBI) with assistance from the Campbellsville Police Department, Columbia Police Department and the Adair County, Kentucky, Sheriff’s Department.
Justice Department, Health and Human Services Call for Action to Address Abuse of Older AmericansRead the Press Release
WASHINGTON –Today, leaders in the fight against elder abuse announced a framework for tackling the highest priority challenges to elder abuse prevention and prosecution, and called on all Americans to take a stand against the serious societal problem of elder abuse, neglect and financial exploitation.
Research suggests that one in 10 Americans over the age of 60 has experienced elder abuse or neglect, and that people with dementia are at higher risk for abuse.
Supported by the Department of Justice (DOJ) and the Department of Health and Human Services (HHS), the Elder Justice Roadmap was developed by harnessing the expertise and gathering the input of hundreds of public and private stakeholders from across the country. The goal of these expert summits was to identify the most critical priorities and concrete opportunities for greater public and private investment and engagement in elder abuse issues. The Elder Justice Roadmap, which is being published today, reflects the knowledge and perspectives of these experts in the field and will be considered by the Elder Justice Coordinating Council and others in developing their own strategic plans to prevent and combat elder abuse.
“The Roadmap Project is an important milestone for elder justice,” said Associate Attorney General Tony West. “Elder abuse is a problem that has gone on too long, but the Roadmap Report released today can change this trajectory by offering comprehensive and concrete action items for all of the stakeholders dedicated to combating the multi-faceted dimensions of elder abuse and financial exploitation. While we have taken some important steps in the right direction, we must do more to prevent elder abuse from occurring in the first place and face it head on when it occurs.”
“From now until 2030, every day, about 10,000 baby boomers will celebrate their 65th birthday,” said Kathy Greenlee, HHS’ assistant secretary for aging and administrator of the Administration for Community Living. “And the fastest-growing population is people 85 years old, or older. Stemming the tide of abuse will require individuals, neighbors, communities, and public and private entities to take a hard look at how each of us encounters elder abuse—and commit to combat it.”
To support the mission of elder abuse prevention and prosecution, DOJ has developed an interactive, online curriculum to teach legal aid and other civil attorneys to identify and respond to elder abuse. The first three modules of the training cover what lawyers should know about elder abuse; practical and ethical strategies to use when facing challenges in this area; and a primer on domestic violence and sexual assault. This training will expand to include six one-hour modules covering issues relevant to attorneys who may encounter elder abuse victims in the course of their practice.
HHS is supporting the mission by developing a voluntary national adult protective services (APS) data system. Collecting national data on adult mistreatment will help to identify and address many gaps about the number and characteristics of adults who are the victims of maltreatment and the nature of services that are provided by APS agencies to protect these vulnerable adults. In addition, the data will better inform the development of improved, more targeted policy and programmatic interventions.
In addition to informing federal elder justice efforts, the roadmap has already inspired private stakeholders to take action. For example, as a result of the roadmap, the Archstone Foundation has funded a project at the Keck School of Medicine at the University of Southern California to develop a national training initiative, while other funders, such as the Weinberg Foundation, have begun to consider inquiries and projects outlined in the roadmap. Likewise, the Brookdale Center for Healthy Aging at Hunter College, The Harry and Jeannette Weinberg Center for Elder Abuse Prevention at the Hebrew Home at Riverdale and the New York City Elder Abuse Center will be co-sponsoring a symposium in September 2014 focusing on innovations and challenges related to elder abuse multidisciplinary teams, a priority area identified in the roadmap.
“While federal and state governments certainly have critical roles to play, the battle against elder abuse can only be won with grassroots action at the community and individual level,” said Greenlee. “Turning the tide against elder abuse requires much greater public commitment, so every American will recognize elder abuse when they see it and know what to do if they encounter it.”
Two steps local communities, families and individuals can take are:
• Learn the signs of elder abuse. The National Center on Elder Abuse, a program of the Administration on Aging at ACL, has developed a helpful Red Flags of Abuse Factsheet (PDF) that lists the signs of and risk factors for abuse and neglect.
• Report suspected abuse when you see it. Contact your local adult protective services agency. Phone numbers for state or local offices can be found at the National Center for Elder Abuse website, or call 1-800-677-1116.
“We must take a stand to ensure that older Americans are safe from harm and neglect,” said Associate Attorney General West. “For their contributions to our nation, to our society, and to our lives, we owe them nothing less.”
The Elder Justice Roadmap and accompanying materials are at: http://ncea.acl.gov/Library/Gov_Report/index.aspx.
Free online training for attorneys is at: https://www.ovcttac.gov/views/dspLegalAssistance.cfm?tab=1#onlinetraining.
Justice Department Reaches Settlement with the City of Hubbard, OregonRead the Press Release
The Justice Department announced today that it reached a settlement with the city of Hubbard, Oregon, resolving an investigation of the city under Title I of the Americans with Disabilities Act (ADA). The investigation found that the city’s online employment application asked questions about disabilities in violation of the ADA. The ADA does not permit employers to inquire whether an applicant is an individual with a disability or as to the nature of such disability before making a conditional offer of employment. However, the ADA permits federal contractors subject to affirmative action requirements under Section 503 of the Rehabilitation Act of 1973 to invite an applicant voluntarily to self-identify as an individual with a disability, consistent with certain requirements. Last month, the department reached a similar settlement agreement with Florida State University.
Under the settlement, the city agrees to ensure that its hiring policies do not discriminate against any applicant on the basis of disability, including by:
· not conducting a medical examination or making a disability-related inquiry of a job applicant before a conditional offer of employment is made;
· not requiring a medical examination or making inquiries of an employee as to whether such employee is an individual with a disability, or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity;
· maintaining the medical or disability-related information of applicants and employees in separate, confidential medical files; and
· training employees who make hiring or personnel decisions on the requirements of the ADA, designating an individual to address ADA compliance matters and reporting on compliance.
“This agreement ensures that people with disabilities will have an equal chance to compete for jobs with the city of Hubbard,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The Justice Department is committed to eliminating employment barriers for people with disabilities, and we commend the city of Hubbard for its cooperation and efforts to ensure fairness in the job application process.”
Those interested in finding out more about the ADA may call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit the ADA website.
Jury Convicts Fort Dodge Man for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was convicted by a jury on July 8, 2014, after a 1 ½-day trial in federal court in Sioux City.
Joseph Tyler McDonald, 41, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The verdict was returned following about 50 minutes of jury deliberations. McDonald was previously convicted of conspiracy to distribute crack cocaine within 1000 feet of a school and possession with intent to distribute cocaine base.
The evidence at trial showed that McDonald was receiving packages via USPS containing methamphetamine from California that he distributed in the Fort Dodge, Iowa, area. Law enforcement intercepted a USPS package being delivered to McDonald at a relative’s address from California in January 2014. Law enforcement discovered and seized ½ pound of ice methamphetamine from the package. McDonald admitted to having received eight ounces of methamphetamine and eight ounces of cocaine by mail in the weeks preceding the noted seizure.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. McDonald remains in custody of the United States Marshal and will remain in custody pending sentencing. On both convictions, McDonald faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, $200 in special assessments, and 10 years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the United States Postal Service, Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, and Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3012.
Indictment Charges New York Man in Fraud SchemeRead the Press Release
Jade Grander, 29, of Brooklyn, NY, was charged today by indictment with one count of bank fraud and two counts of access device fraud. The charges arise from the defendant=s alleged participation in a scheme to obtain cash advances at TD Bank using other individuals’ deactivated credit cards by convincing bank tellers to override their Cash Advance Machines in order to process the transaction.
If convicted the defendant faces a maximum possible sentence of 30 years in prison.
The case was investigated by the United States Secret Service, and is being prosecuted by Assistant United States Attorney Joel D. Goldstein.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to view the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Illegal Alien Sentenced to 63 Months in Prison on Firearms and Drug Trafficking ChargesRead the Press Release
SHREVEPORT, La. –A Mexican national was sentenced to 63 months in prison for possessing a firearm, possessing marijuana with intent to distribute, and illegally reentering the country, U.S.Attorney Stephanie A. Finley announced today.
Jose Luis Ariciaga-Banda, 28, of Mexico, was sentenced by U.S. District Judge Donald E. Walter for one count of possession of a firearm and ammunition by a felon, one count of possession of a firearm and ammunition by an illegal alien, one count of possession with the intent to distribute marijuana, and one of count illegal reentry into the United States after deportation. According to evidence presented at the guilty plea on March 18, 2014, Louisiana State Troopers stopped the truck Ariciaga-Banda was driving on Mansfield Road in Shreveport for a traffic violation on August 7, 2013. He was found to be a Mexican citizen and illegally in the United States. An Immigration and Customs Enforcement special agent arrived at the scene and placed him under arrest. A search warrant was also obtained and executed, and a 9 mm pistol, ammunition, money and approximately 18 pounds of marijuana were found at Ariciaga-Banda’s residence.
The defendant was previously convicted in September of 2008 for possession of cocaine in Caddo Parish District Court. In November of 2010, he was convicted in federal court of two counts of possession of a firearm by an alien illegally in the United States and a count of illegal reentry after his deportation from the United States.
After Ariciaga-Banda was sentenced for his most recent crimes, a hearing was held and his supervised release from his 2010 convictions was revoked by Judge Walter. Ariciaga-Banda was sentenced to 24 month in prison, 12 months of which will be served consecutively. Ariciaga-Banda’s total term of imprisonment is 75 months.
The U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Louisiana State Police, the Caddo Parish Sheriff-Shreveport Police Drug Task Force, and the Caddo Parish Sheriff’s Department investigated the case. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted this case as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide program designed to reduce violence by aggressively enforcing existing federal firearms laws.
Illegal Alien Convicted of Aggravated Identity TheftRead the Press Release
An illegal alien from Mexico who assumed the identity of a United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.
Juan Bautista-Rubio, age 21, an illegal alien from Mexico living in Cedar Falls, Iowa, was convicted of one count of aggravated identity theft. The verdict was returned this afternoon following about two hours and thirty minutes of jury deliberations. Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.
The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien. Immigration I-9 forms are required to be completed by all employees working within the United States. Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.
On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security. During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the name, date of birth, and social security number, to gain employment in the United States. Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Bautista-Rubio remains in custody of the United States Marshal pending sentencing. On the illegal re-entry count, Bautista-Rubio faces a possible maximum sentence of two years’ imprisonment. On the use of identification documents count, Bautista-Rubio faces a possible maximum sentence of ten years’ imprisonment. On the aggravated identity theft count, Bautista-Rubio faces a mandatory sentence of two years’ imprisonment. In addition, on all counts, Bautista-Rubio faces fines of up to $750,000, $300 in special assessments, and five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0052.
Henderson Man Sentenced to 125 Months for Federal Firearms OffensesRead the Press Release
NEW BERN – United States Attorney Thomas G. Walker announced that today in federal court, United States District Judge Louise W. Flanagan sentenced JAMMEE DUCHEA TERRY , 22, of Henderson to a total of 125 months imprisonment, followed by 3 years of supervised release.
TERRY was named in an Indictment filed on March 21, 2013, charging him with one count of Possession of Ammunition by a Felon, two counts of Possession of a Firearm and Ammunition by a Felon, and two counts of Possession of a Stolen Firearm and Ammunition. On July 17, 2013, TERRY pled guilty to the Possession of Ammunition by a Felon and two counts of Possession of a Firearm and Ammunition by a Felon.
According to the investigation, on January 17, 2013, TERRY entered a gas station in Henderson and while exiting the store, he attempted to strike another customer in the back of the head. Terry then pulled out a loaded firearm and struck the victim in the head. The victim immediately exited the store and began to flee; however, TERRY ran after himanddischarged the firearm approximately ten times and struck the victim in the foot.
On February 13, 2013, officers with the Henderson Police Department, located firearms in the trunk of a car in Henderson that TERRY hadplaced inside the vehicle. At least one of the guns was stolen.
On February 18, 2013, Terry was charged with another firearm by felon charge for a firearm that TERRY had in the car that he was driving. Officers from the Henderson Police Department detained TERRY and a passenger in the vehicle. Officers had received complaints that TERRY had pointed a firearm at an adult female, her boyfriend, and her infant in another car.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Henderson Police Department. Assistant United States Attorney S. Katherine Burnette prosecuted the case of the government.