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Wednesday 7 May 2014
Rosebud Man Charged with Firearm Violations and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of Unregistered Firearm, Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
Clyde Aquallo, age 39, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 5, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 27, 2014, Aquallo, being an unlawful user of a controlled substance, knowingly received and possessed several firearms, one of which was a short barreled shotgun that was not registered to Aquallo. On or about March 3, 2014, Aquallo unlawfully assaulted the victim with a rifle, and did carry and use the firearm during a crime of violence.
The charges are merely accusations and Aquallo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Aquallo was released to a third party custodian pending trial. A trial date has been set for July 1, 2014.
Ronald Randolf Johnson Sentenced for Obtaining Oxycodone by DeceptionRead the Press Release
The United States Attorney's Office announced that on April 24, 2014, RONALD RANDOLF JOHNSON was sentenced to a year in prison and a year of supervised release by Senior U.S. District Judge Sam Haddon. Johnson, of Couer d'Alene, Idaho, was sentenced in connection with his guilty plea to obtaining Oxycodone, a potent pain killer available only by prescription, by deception. In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, told the Court that on September 10, 2010 and on October 3, 2011, Johnson signed an Agreement and Consent for Controlled Medication Therapy for Chronic Pain with Dr. Deborah Kern at Community Health Partners in Bozeman, Montana. In that agreement, he agreed that he would only use one provider to prescribe controlled substance(s). He further agreed that he would not request any pain medications or controlled substance from other providers. And, that he would inform any other health care provider that he was taking controlled substance(s) from Dr. Kern. Johnson further represented that his date of birth was 4/10/1959. Based upon Johnson's representations, he was able to obtain prescriptions from Dr. Kern for Oxycodone. Johnson deceived Dr. Kern because he was in fact seeing other physicians from whom he was also obtaining Oxycodone and the birthdate, a common method of verifying patient identity, was a fake.
Upon learning that Johnson had not been truthful about his treatment with other physicians, and that he had been prescribed narcotics from other physicians, Dr. Kern terminated her care of Johnson and on August 15, 2012, sent Johnson a letter stating, "This letter is to inform you that I will no longer be able to prescribe narcotics for you for your chronic pain effective today. It has come to my attention that you are on a pain contract with a provider in Idaho for narcotics as well."
Johnson made similar misrepresentations to pharmacies in order to obtain large quantities of Oxycodone. For example, on September 27, 2012, at a pharmacy in Liberty Lake, Washington, Johnson attempted to fill a prescription for Oxycodone from Dr. Heidi Kallestad. When Johnson went to fill the prescription he was asked by the pharmacist to verify his date of birth. Johnson verbally stated that his date of birth was 4/10/1959. This date of birth was different than the date the pharmacy had on record for him. When asked for identification he provided an Idaho license which had a crease down the center and the date of birth had been punched out by what looked like a sharp object. Local law enforcement was called and Johnson was arrested.
Using a correct and truthful date of birth is critical when filling prescriptions because it is one method used by physicians, pharmacies, and law enforcement to detect fraudulent prescriptions and to prevent patients from obtaining a greater amount of a controlled substance than they would otherwise be entitled. Furthermore, Johnson did not notify any of the physicians that he was being treated by any other physicians or that he was already receiving a controlled substance from a separate/different physician. During the period of time charged in the indictment, Johnson fraudulently obtained prescriptions for more than 13,000 pills of Oxycodone through his deception, fraud, and misrepresentations made to physicians and/or pharmacies.
Ricky Dwayne Harvey Sentenced to 180 Months on Oxycodone Trafficking and Money Laundering ChargesRead the Press Release
GREENEVILLE, Tenn. – On May 5, 2014, Ricky Dwayne Harvey, 30, of Kingsport, Tenn., was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 180 months in federal prison for his leadership role in oxycodone and money laundering conspiracies centered around the Sullivan County, Tenn., area.
This conspiracy included 17 indicted individuals and involved large scale oxycodone dealing from approximately May 2008. Many of the pills obtained and sold within this conspiracy were obtained from Michigan, Florida and Georgia and transported back to the Eastern District of Tennessee for resale. Harvey stipulated that he conspired to distribute a conservative estimate of 10,000 (30 mg) oxycodone pills in the Eastern District of Tennessee. He also sent numerous wire transfers and directed other individuals to send wire transfers to other co-conspirators in Detroit, Michigan to further and advance his oxycodone trafficking.
Harvey was stopped by law enforcement in June 2013 where he produced a fake drivers’ license, supplied a false date of birth and social security number and had members of his family vouch for him. His true identity was soon verified and he was arrested on a federal indictment warrant. In explaining his actions, Harvey told the officers that he did his homework in the event he got stopped, just like an officer also does his homework.
Law enforcement agencies participating in the investigation which led to the indictment and subsequent conviction of Harvey include the Bureau of Alcohol, Tobacco and Firearms, Sullivan County Sheriff’s Office, Kingsport Police Department, and Bristol Tennessee Police Department, all of which provided invaluable assistance during the course of the investigation. Assistant U.S. Attorney Wayne Taylor represented the United States.
Raleigh Man Pleads Guilty to Child Pornography ChargeRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that in federal court today, JOHN LOUIS LEWANDOWSKI, 51, pled guilty before United States Magistrate Judge James E. Gates to receipt of child pornography and possession of child pornography, in violation of Title 18, United States Code, Sections 2252(a)(2) and 2252(a)(4)(B), during his arraignment.
On December 17, 2013, a 15-Count Indictment was filed charging LEWANDOWSKI with these violations.
According to the investigation, after LEWANDOWSKI was determined to be a customer of a company which sold pornographic videos of children, a search was executed at his home. LEWANDOWSKI admitted to the searching agents that they would find both videos he had ordered from the company and delivered him by mail, and other child pornography which he had downloaded from the internet. Forensic review of the materials seized revealed numerous videos and images of child pornography.
2At sentencing, LEWANDOWSKI faces a minimum of 5 years and up to 20 years imprisonment on each of the fourteen counts of receipt of child pornography, and up to 20 years on the count charging possession of child pornography. If he has had prior convictions relating to aggravated sexual abuse, sexual abuse, abusive conduct involving a minor or ward, sex trafficking of children, or the production, receipt, possession, sale, distribution, shipment, or transportation of child pornography, the penalty increases to up to a minimum of 15 years to 40 years imprisonment on the fourteen counts of receipt of child pornography, and a minimum of 10 years and up to 20 years imprisonment on the count charging possession of child pornography.
Investigation of this case was conducted by the United States Postal Inspection Service, United States Department of Homeland Security, and the North Carolina State Bureau of Investigation.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Physician/Owner and Office Manager of McLean Skin Care Clinic Convicted at TrialRead the Press Release
Aphrodite Advanced Esthetic & Skin Care Clinic received illegal imports for Gallant Pharma, which sold over $10 million of non-FDA-approved chemotherapy and cosmetic drugs in the U.S.
ALEXANDRIA, Va. – Anoushirvan Sarraf, 48, and Eva Montejo Pritchard, 48, both of Rockville, Maryland, were convicted yesterday by a federal jury on charges of conspiracy related to their roles in a scheme to illegally import non-FDA-approved chemotherapy and cosmetic drugs into the United States.
Sarraf, a physician who owns Aphrodite Advanced Esthetic & Skin Care Clinic in McLean, Virginia, was also convicted on charges of illegal importation, receiving and delivering non-FDA-approved drugs and devices, and engaging in the unlicensed wholesale distribution of prescription drugs. In all, Sarraf was convicted of nine felonies and four associated misdemeanors, while Pritchard, who was the office manager of the clinic, was convicted of a single felony count of conspiracy.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; Antoinette V. Henry, Special Agent in Charge of the Food and Drug Administration’s (FDA) Office of Criminal Investigations; Katrina W. Berger, Acting Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington; Gary Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and M. Douglas Scott, Arlington County Chief of Police, made the announcement after the jury’s verdict was accepted by U.S. District Judge Claude M. Hilton.
Sarraf and Pritchard were indicted on Jan. 30, 2014, by a federal grand jury. According to court records and evidence at trial, Sarraf partnered with Gallant Pharma, an unlicensed wholesale prescription drug distributor, in exchange for a deeply discounted price on non-FDA-approved cosmetic drugs and devices. Sarraf used those cosmetic drugs and devices on patients at his McLean, Virginia practice, Aphrodite Advanced Esthetic & Skin Care Clinic, without the patients’ knowledge or consent.
Sarraf provided Gallant Pharma with his medical license to enable Gallant Pharma to order non-FDA-approved chemotherapy and cosmetic drugs from around the world, and allowed those drugs to be smuggled into the United States, addressed to Aphrodite. When the drugs arrived, a member of the conspiracy would open the boxes, take what they wanted for Aphrodite, and call individuals from Gallant Pharma to retrieve the remainder. Many of the shipments involved “cold-chain” drugs subject to strict temperature controls (which were not followed by the conspirators), and the use of these drugs posed serious potential harm to chemotherapy and cosmetic patients throughout the United States. During the three years that the partnership lasted, more than 17,000 vials of pharmaceuticals passed through Aphrodite and were sold by Gallant Pharma for more than $10.3 million.
Sarraf faces a total maximum penalty of 87 years in prison, while Pritchard faces a maximum penalty of five years, when each is sentenced on July 18, 2014. Eleven other defendants, including the co-founders of Gallant Pharma, previously have been convicted for their involvement in the partnership.
This case was investigated by FDA’s Office of Criminal Investigations, the DEA’s Group 33 Diversion Task Force, ICE-HSI and the U.S. Postal Inspection Service, with assistance from the Arlington County Police Department. Assistant U.S. Attorneys Lindsay Kelly, Maya Song and Jay Prabhu are prosecuting the case on behalf of the United States.
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 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.Owner of Security Training Companies Pleads Guilty to Fraud ChargesRead the Press Release
Ricky Lee Coleman, Jr., 40, of Antioch, Tenn., pleaded guilty today to charges of mail fraud, wire fraud, and credit card fraud, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Coleman owned and operated International Executive Services LLC, Advancement Solutions LLC, and RLC Enterprises, all companies based in Hermitage and Antioch, Tennessee that defrauded thousands of military veterans and others seeking job training and job placement services.
At a plea hearing before U.S. District Court Judge Aleta A. Trauger, Coleman admitted that between January 2006 and March 2009, approximately 2,600 customers paid Coleman’s companies more than $900,000 in return for promises that they would be provided training in the areas of counter-terrorism, counter-assault, personal security or special operations. Coleman directed his employees to make false representations to customers and potential customers, including promises that those who paid a registration fee would be placed into a training class and would bear no additional costs beyond the registration fee. Customers were also promised that they would be paid during training and that they would be guaranteed employment after training.
Coleman also admitted that fewer than 20 of the thousands of customers who paid fees to his companies were ever assigned to attend training classes; many were asked to pay additional fees; and none were paid during training. Coleman also instructed his employees to make misrepresentations to customers who had paid for training in order to delay their attempts to seek refunds and to postpone their complaints, including sending letters falsely informing customers that they were enrolled in certain training academies, including fictitious academies that did not exist. In addition, Coleman fraudulently induced customers to pay for equipment that was supposedly required for the promised training classes.
Coleman also admitted that he spent the majority of funds paid by customers on personal expenses or on efforts to recruit new customers.
Coleman will be sentenced by Judge Trauger on August 11, 2014. He faces up to 20 years in prison for each of four counts of wire fraud, 20 years in prison for the count of mail fraud, and 15 years in prison for the count of credit card fraud. Coleman has also agreed to pay more than $900,000 restitution to victims of his offenses.
The case was investigated by the United States Secret Service, the Tennessee Bureau of Investigation, the United States Postal Inspection Service and the Metro-Nashville Police Department. The case is being prosecuted by Assistant U.S. Attorney William F. Abely.
Ninety-Year Old Drug Courier Sentenced to 3 Years in PrisonRead the Press Release
A ninety-year old man from Indiana was sentenced today to three years in federal prison for his role as a drug courier for a major cocaine trafficking organization with direct ties to the Joquin Guzman Lorea (a/k/a “Chapo” Guzman) Sinaloa cartel, announced United States Attorney Barbara L. McQuade.
The case is being prosecuted by Assistant United States Attorneys Christopher Graveline and Doug Salzenstein.
McQuade was joined in the announcement by James Allen, Acting Special Agent in Charge, Drug Enforcement Administration, Detroit Division.
Receiving the sentence was Leo Sharp, who pleaded guilty on October 8, 2013, to conspiracy to distribute cocaine. In addition to the prison sentence, United States District Judge Nancy G. Edmunds also ordered Sharp to pay $500,000, that includes forfeiture of real estate owned by Sharp in Florida.
United States Attorney Barbara L. McQuade stated, "In this case, it was important to balance the defendant's age with his conduct -- seven separate trips to transport more than 1,200 kilograms of cocaine across the country and into Michigan, for which he was paid more than $1 million by a major Mexican drug cartel. In light of this conduct, the defendant's age should not be a get-out-jail free card."
According to court records, Sharp had been a drug courier for the better part of a decade but it wasn’t until the fall of 2011 when he was stopped by law enforcement on Interstate 94 outside of Ann Arbor, MI, and found to be in possession of 104 kilograms of cocaine, that his extensive involvement with the drug trafficking organization was completely discovered. In fact, that particular seizure was only one such trip that Sharp and other couriers had undertaken to bring hundreds of kilograms of cocaine and marijuana to southeast Michigan from Arizona. Through the lead efforts of the DEA, with assistance from the Department of Homeland Security Investigations, law enforcement were able to identify and indict nineteen individuals from across the country and into Mexico for their roles in this mass narcotics operation. Sixteen of the nineteen indicted individuals have pleaded guilty and have either been sentenced or are awaiting sentencing over the next several months.
To date, the investigation has led to the seizure of over 200 kilograms of cocaine and $3,000,000 in narcotics proceeds.Moses Lake Methamphetamine Trafficker Given 51 Month in PrisonRead the Press Release
The United States Attorney's Office announced that ENRIQUE LOPEZ SOLANO, 40, from Moses Lake, Washington, was sentenced to 51 months imprisonment followed by 3 years supervised release during a federal court session in Missoula on April 29, 2014, before Senior U.S. District Judge Donald Molloy. Solano was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
Assistant U.S. Attorney Joseph E. Thaggard told the Court that in early 2013, the Montana Division of Criminal Investigation (MDCI), Sidney, Montana Police Department, and the Drug Enforcement Administration (DEA) began to investigate a drug trafficking organization that was distributing methamphetamine in the Sidney, Montana area. The investigation disclosed that a courier involved with the drug trafficking organization had met with "Jane Doe," another member of the organization, during a meeting in Livingston, Montana in mid-March 2013 wherein the courier distributed methamphetamine to Jane Doe. Jane Doe subsequently identified Solano as the drug courier she met in Livingston in mid-March 2013 and from whom she received methamphetamine. On June 15, 2013, the Montana Highway Patrol stopped a rental car Solano had rented and in which he was a passenger at the time of the stop. A search of the vehicle revealed more than 200 grams (roughly 7 ounces) of methamphetamine hidden in or near the air filter of the car.
The prosecution was part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota working together to stem the rising tide of drug trafficking in the oil boom region of the Bakken Fields.
Minnesota Man Charged with Immigration Fraud <br /> for Failing to Disclose Crimes Committed in Bosnia <br /> and Military Service During the Bosnian ConflictRead the Press Release
Zdenko Jakiša, 45, of Forest Lake, Minnesota, was arrested today on immigration fraud charges for failing to disclose multiple crimes committed in Bosnia-Herzegovina and his military service during the armed conflict there in the 1990s.
Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, United States Attorney Andrew M. Luger of the District of Minnesota, Special Agent in Charge J. Michael Netherland of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) St. Paul and Acting Special Agent in Charge Jane Rhodes-Wolfe of the FBI’s Minneapolis Field Office made the announcement.
Jakiša made an initial appearance today in the District of Minnesota and is scheduled for a detention hearing on May 12, 2014.
According to the indictment unsealed today, Jakiša, a former member of the armed forces of the Croatian Defense Council in Bosnia-Herzegovina, committed immigration fraud by providing false and fraudulent information about his military service during the Bosnian conflict, his criminal record in Bosnia-Herzegovina and his commission of crimes of moral turpitude.
Records from Bosnia and Bosnian witnesses indicate that Jakisa committed numerous crimes in Bosnia-Herzegovina, which he did not disclose during his refugee or green card applications. Such crimes include the murder of an elderly Bosnian Serb woman and the kidnapping, robbery and assault of a Bosnian Muslim man in September 1993.
The case is being investigated jointly by HSI St. Paul and the FBI’s Minneapolis Field Office. ICE’s Human Rights Violators and War Crimes Center provided the lead in this investigation. The Criminal Division’s Office of International Affairs and their counterparts at the Prosecutor’s Office of Bosnia and Herzegovina provided valuable assistance.
The case is being prosecuted by Senior Trial Attorney Matthew C. Singer from the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Nate Petterson of the District of Minnesota.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at [email protected] , toll-free at 1-800-813-5863, the HSI tip line at 1-866-DHS-2-ICE, or to complete its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp . To learn more about the assistance available to victims in these cases, the public should contact HSI’s confidential victim-witness toll-free number at 1-866-872-4973. Tips may be provided anonymously.
The charges in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.Men from Oregon and Pennsylvania Plead Guilty to Defrauding New Mexico-Based CompanyRead the Press Release
ALBUQUERQUE – Two men have pleaded guilty to conspiracy to defraud Kinesio USA LLC, a New Mexico-based company that sells therapeutic elastic tape and related products, and its related company, Kinesio Holding Corporation (together, “Kinesio”), announced Acting U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Johannes Jarvis, 41, of Portland, Ore., and John Hope, 66, of Huntingdon Valley, Pa., each entered a guilty plea to Count 22 of a 38-count indictment charging them with conspiracy to commit wire fraud. Jarvis entered his guilty plea this morning and Hope entered his guilty plea on May 5, 2014.
Jarvis and Hope were charged in a 38-count indictment that was filed on July 11, 2013, and charged them with a wire fraud conspiracy count, 21 counts of wire fraud and 16 counts of money laundering. The indictment alleged that from late 2007 through April 2010, Jarvis and Hope conspired to defraud Kinesio of approximately $4.3 million, at least $1.2 million of which Jarvis and Hope retained as profits. At the time, Jarvis was the Director of Marketing for Kinesio and Hope owned a printing business that operated in China that had been hired to produce marketing materials for Kinesio.
According to court filings, in 2007, Kinesio began looking for a new manufacturer for its therapeutic elastic tape and Jarvis suggested searching for a manufacturer in China. Thereafter, Jarvis lied to Kinesio and reported that he had located a suitable manufacturer in China but that Kinesio would have to work through a broker to coordinate the business relationship. In April 2008, Jarvis and Hope incorporated Grace International (HK) Limited (“Grace International”) in Hong Kong, of which they were the sole owners. Jarvis told Kinesio that Grace International was an experienced company, when in reality it had no other clients. Jarvis represented to Kinesio that Grace International would broker the relationship between Kinesio and the tape manufacturer. In their plea agreements, Jarvis and Hope admitted that they concealed their ownership of the company because they knew that Kinesio would not have agreed to use Grace International as a broker if Kinesio had been aware that Jarvis and Hope were involved in it.
Relying on Jarvis’s misrepresentations, Kinesio entered into a contract with Grace International pursuant to which Kinesio paid Grace International to produce therapeutic elastic tape between July 2008 and Jan. 2010. During this period, Jarvis and Hope defrauded Kinesio by having Grace International charge Kinesio a significant undisclosed markup above the manufacturer’s price for the tape, which Jarvis and Hope hid from Kinesio. Jarvis and Hope shared the profits generated by the markup on a 65/35 split with Jarvis getting the larger share. As a means of continuing the deception, Jarvis and Hope sent emails to personnel at Kinesio that purported to be from employees at Grace International. The emails were composed in broken English so as to make it appear that they were written by a native Chinese speaker.
At sentencing, Jarvis and Hope each face a maximum statutory penalty of 20 years in federal prison. They also will be required to pay restitution to Kinesio in an amount to be determined by the court. Both men remain on conditions of release and under pretrial supervision pending their respective sentencing hearings, which have yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and IRS Criminal Investigation in Albuquerque and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
McLaughlin Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Logan Hayes, age 26, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on May 6, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 31, 2012, Hayes unlawfully assaulted the victim, which resulted in serious bodily injury.
The charge is merely an accusation and Hayes is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Hayes was released on bond pending trial. A trial date has not been set.
Martin Woman Sentenced in Federal Program Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds was sentenced on May 6, 2014, by Jeffrey L. Viken, Chief U.S. District Judge.
Samone Darla Milk, age 32, was sentenced to 14 months in custody, to be followed by 3 years of supervised release. She was also ordered to make restitution of $109,135.
Milk was indicted for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds and two counts of Theft Concerning Programs Receiving Federal Funds by a federal grand jury on October 8, 2013. She pled guilty to the conspiracy charge on January 3, 2014, and the other charges were dismissed.
From May 2009 through December 2009, Milk formed an agreement with others to steal funds belonging to the Oglala Sioux Tribe. Milk was the executive secretary for the Tribe’s Energy/Low Income Home Energy Assistance Program (LIHEAP.) In her capacity as executive secretary, Milk and others drafted fake invoices and quotes for contract work purportedly to be completed by co-conspirators. Milk facilitated the processing of these documents through the Energy/LIHEAP program. In turn, checks were issued by the Tribe’s Treasurer’s Office to pay for the fraudulent invoices. Milk and her co-conspirators received the checks, cashed them, and divided the funds among themselves to use for their own purposes.
This case was investigated by the U.S. Department of Health and Human Services, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Milk was ordered to turn herself in to the U.S. Marshals Service on or before May 22, 2014.
Manhattan U.S. Attorney Announces Return of 10Th Century Sandstone Sculpture to the Kingdom of CambodiaRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and James T. Hayes, Jr., the Special Agent-in-Charge of the New York Office of U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”), announced today the return of the Duryodhana, a 10th Century sandstone sculpture, to the Kingdom of Cambodia. The return of the Duryodhana follows the settlement of a civil forfeiture action filed by the U.S. Attorney’s Office for the Southern District of New York, which alleged that the Duryodhana was stolen from the Prasat Chen temple at Koh Ker in 1972 by an organized looting network, and ultimately imported into the United States and offered for sale by Sotheby’s Inc. (“Sotheby’s”). The settlement of the civil forfeiture action, which was approved by United States District Judge George B. Daniels on December 16, 2013, required Sotheby’s and the customer selling the Duryodhana, Decia Ruspoli de Poggia Suasa (“Ruspoli”), to return the sculpture to the Kingdom of Cambodia.
Manhattan U.S. Attorney Preet Bharara said: “A priceless piece of Cambodia’s cultural history was stolen over 40 years ago. Once stolen, the Duryodhana should not have been for sale at any price. By bringing legal action to cause the return of the Duryodhana to the Kingdom of Cambodia, we have reaffirmed our commitment to ensuring that Manhattan does not become a Mecca for stolen art and antiquities. Everyone who sells, collects, or curates art should support doing what is right when it comes to repatriating priceless stolen artifacts. We are proud to have played a role in removing the Duryodhana from the stream of commerce, and pleased to commemorate its imminent return to its homeland.”
HSI Special Agent-in-Charge James T. Hayes, Jr., said: “HSI is proud to partner with the Southern District of New York to return this statue to the people of Cambodia after a more than 40-year absence. HSI is committed to continuing to be the dominant force in preserving and maintaining the integrity of cultural symbols throughout the world.”
According to an Amended Complaint filed in Manhattan federal court in April 2013, and other documents filed in the case:
From 928 to 944 A.D., Koh Ker was the capital of the ancient Khmer empire in Cambodia. The Khmer regime under Jayavarman IV constructed a vast complex of sacred monuments at Koh Ker, including the Prasat Chen temple and its statuary. These monuments have never been transferred to any private owner, and remain the property of the Cambodian state.
During the civil conflicts of the 1960s and 1970s, statues and other artifacts were stolen from Koh Ker and entered the international art market through an organized looting network. In the case of monumental statues like the Duryodhana, the heads would sometimes be forcibly detached from the torsos and transported first, with the torsos following later, due to the physical challenges of transporting the large torsos on dirt roads. The statues would then be transported to the Cambodia-Thailand border, and transferred to Thai brokers, who would in turn transport them to dealers of Khmer artifacts in Thailand, particularly Bangkok. These dealers would sell the artifacts to local or international customers, who would either retain the pieces or sell them on the international art market.
The Duryodhana, along with a companion statue, the Bhima, was stolen from Prasat Chen in 1972 via this looting network. The heads of the statues were removed and transported first, followed by the torsos, and ultimately delivered to a Thai dealer based in Bangkok. The Duryodhana and the Bhima were then obtained by a well-known collector of Khmer antiquities (Athe Collector@). The Duryodhana was sold to a Belgian businessman in 1975 and was ultimately transferred to his widow, Ruspoli.
In 2010, Ruspoli consigned the Duryodhana to Sotheby’s. Sotheby’s imported it into the United States and offered it for sale in 2011.
Mr. Bharara thanked HSI for its outstanding work on this investigation, which he noted is ongoing, and praised its ongoing efforts to find and repatriate stolen and looted cultural property. Mr. Bharara also thanked the United Nations Educational, Scientific, and Cultural Organization and L’Ecole Francaise d’Extreme-Orient for their assistance.
This matter is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U. S. Attorneys Sharon Cohen Levin, Alexander J. Wilson, Sarah E. Paul, and Christine I. Magdo are in charge of the case.
Duryodhana - Cambodian Scupture - Amended Complaint
Duryodhana - Cambodian Sculpture - Settlement Stipulation and OrderMan Pleads Guilty to Assaulting Security Guard at Social Security Administration OfficeRead the Press Release
A man who forcibly assaulted a security guard at the Social Security Administration Office in Cedar Rapids, Iowa, pled guilty today in federal court in Cedar Rapids.
Howard Lamont Coakley, 30, from Cedar Rapids, Iowa, was convicted of one count of assaulting a person engaged in official federal duties.
At the plea hearing, Coakley admitted he forcibly assaulted a security guard who was working for the Social Security Administration in Cedar Rapids. Coakley further admitted his assault caused bodily injury to the security guard.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Coakley remains in custody of the United States Marshal pending sentencing. Coakley faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Protective Service.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-CR-00017.
Local 17 Member Sentenced for ExtortionRead the Press Release
BUFFALO, N.Y. -- The United States Attorney’s Office announced today George Dewald, 56, of Springville, N.Y., who was convicted of extortion, was sentenced to six months in prison, six months home confinement, and two years of supervised release by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $240,000 in restitution to victims.
According to Assistant U.S. Attorney Anthony M. Bruce, who handled the case, Dewald was a member of Local 17 of the International Union of Operating Engineers. The defendant was part of campaign designed to force Marcy Excavation of Frankfort, N.Y., the low bidder on the 2003 expansion of the Chaffee Landfill in Chaffee, N.Y., to sign a collective bargaining agreement with Local 17. In May 2003, Dewald and three other Local 17 members went to the Chaffee Landfill under the cover of darkness and put sand used for sandblasting into the engines and hydraulic lines of nine separate pieces of heavy equipment. This caused significant delays in finishing the job and over $240,000 in damage to the equipment.
Dewald was one of 12 officers and members of Local 17 arrested and charged in this case. Six defendants pleaded guilty, President Mark Kirsch was convicted at trial, four were acquitted at trial, and charges are pending against the twelfth defendant.
The investigation of this case was handled by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Cheryl Garcia, Acting Special Agent-in-Charge of the New York Regional Office, the Federal Bureau of Investigation, and the New York State Police, under the direction of Major Michael Cerretto.Las Vegas Man Charged with Enticing Minor to Have SexRead the Press Release
LAS VEGAS, Nev. – A Las Vegas, Nevada man who works as a family and marriage counselor, appeared in federal court today following his arrest on charges that he solicited a minor for sex, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Ian Alexander Pincombe, 45, is charged in a criminal complaint with coercion and enticement of a minor. Pincombe appeared this afternoon before U.S. Magistrate Judge Carl W. Hoffman and was detained pending a preliminary hearing on May 21, 2014. If convicted, Pincombe faces a minimum of 10 years to life in prison, and a $250,000 fine.According to the criminal complaint, on April 30, 2014, a Henderson Police Department Detective initiated an undercover operation regarding using technology to lure a minor. The detective located an advertisement on Craigslist.com in which an individual, later identified as Pincombe, was seeking females for sex and had included a nude photograph. The undercover detective, posing as a 13-year-old girl, began communicating with Pincombe. Over the next two days, Pincombe allegedly exchanged sexually explicit emails and text messages with the girl, one of which included a sexually explicit photograph of himself. On May 2, 2014, Pincombe was arrested by Henderson Police Department Officers at a shopping center parking lot in Henderson where he had agreed to meet the girl for a sexual encounter.
The case is being investigated by the FBI, the Henderson Police Department, and the Internet Crimes Against Children Task Force, and is being prosecuted by Special Assistant United States Attorney Allison Herr and Assistant United States Attorney Cristina D. Silva.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal
The public is reminded that a criminal complaint contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal,
state, and local resources to locate, apprehend, and prosecute individuals who sexually
exploit children, and to identify and rescue victims. For more information about Project
Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet
safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Las Cruces Man Pleads Guilty to Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – John Wade Crist, 57, of Las Cruces, N.M., pleaded guilty yesterday in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Crist will be sentenced to 144 months in federal prison followed by a term of supervised release to be determined by the court.
Crist was arrested on Nov. 15, 2013, and a two-count indictment charging him with distribution of methamphetamine and being a felon in possession of a firearm. According to the indictment, Crist distributed methamphetamine and possessed a firearm in Doña Ana County, N.M., on June 19, 2013. At the time, Crist was prohibited from possessing firearms or ammunition because he previously had been convicted of two narcotics trafficking offenses.
During yesterday’s plea hearing, Crist entered a guilty plea to the indictment. In his plea agreement, Crist admitted selling 23.3 grams of methamphetamine to an undercover officer who was posing as a drug dealer on June 19, 2013, in Doña Ana County. Crist also admitted that on that same date, he possessed a shotgun and sold the firearm to the undercover officer.
Crist has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Lapwai Man Pleads Guilty to Failing to Register as A Sex OffenderRead the Press Release
COEUR D’ALENE —Jacob Russell Jackson, 54, of Lapwai, Idaho, pleaded guilty today to failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Jackson was indicted by a federal grand jury in Coeur d’Alene on April 16, 2013.
According to in-court statements, in 1996 Jackson was convicted in federal district court for two counts of Abusive Sexual Contact. Jackson registered as a sex offender after his release from prison, however in December 2012, he stopped registering. Jackson remained unregistered until his indictment in April 2013.
The charge of failure to register as a sex offender is punishable by up to ten years in prison, a maximum fine of $250,000.00, and five years up to lifetime supervised release.
Jackson is set for sentencing on August 26, 2014, before Chief United States District Judge B. Lynn Winmill, at the federal courthouse in Coeur d’Alene.
The case was investigated by the U.S. Marshals Service.
Jackson was prosecuted for a violation of the Sex Offender Registration and Notification Act (SORNA) passed by Congress in 2006. The Act requires sex offenders to register and keep their registration current in each jurisdiction where they reside. Violations of SORNA can be prosecuted in federal court.
Kewa Pueblo Man Sentenced to Seventeen and a Half Years in Prison for Aggravated Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Preston Coriz, 33, a member and resident of Kewa Pueblo, was sentenced today to 210 months years in federal prison for his aggravated child sexual abuse conviction. Coriz will be on supervised release for ten years after he completes his prison sentence. He also will be required be required to register as a sex offender.
The sentence was announced by Acting U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Coriz was arrested in Nov. 2012, on an indictment charging him with sexually abusing a child under the age of 12 years in Nov. 2008, in Indian Country (Kewa Pueblo) within Sandoval County, N.M. On July 11, 2013, Coriz pleaded guilty to the indictment and admitted sexually assaulting a child under the age of 12 by touching the child’s genitals with his hand and finger.
This case was investigated by the Albuquerque and Santa Fe offices of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Justice Department Settles Immigration-Related Discrimination Claim Against Master Klean JanitorialRead the Press Release
The Justice Department reached an agreement today with Master Klean Janitorial, a company based in Denver, resolving claims that the company engaged in a pattern or practice of discriminatory documentary requests based on citizenship status in violation of the Immigration and Nationality Act (INA).
The department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services. The investigation found that Master Klean Janitorial subjected work-authorized non-U.S. citizen new hires to unlawful demands for specific documentation issued by the U.S. Department of Homeland Security in order to verify their employment eligibility, while U.S. citizens were permitted to present their choice of documentation. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin. This practice is commonly known as document abuse.
Under the settlement agreement, Master Klean Janitorial will pay $75,000 in civil penalties to the United States, undergo training on the anti-discrimination provision of the INA, revise its employment eligibility verification policies and be subject to monitoring of its employment eligibility verification practices for one year.
“The Department of Justice is committed to eliminating discriminatory hurdles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “I am pleased that Master Klean Janitorial has worked cooperatively with the department to reach an amicable resolution.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, document abuse and retaliation or intimidation
For more information about protections against employment discrimination under immigration laws or how to sign up for a free webinar, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired) or visit the OSC website at www.justice.gov/crt/about/osc .
Applicants or employees who believe they were subjected to different documentary requirements or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral should contact the worker hotline above for assistance.
Johnstown Doctor Charged with Illegally Distributing NarcoticsRead the Press Release
JOHNSTOWN, Pa. – A Johnstown physician has been indicted by a federal grand jury in Johnstown on charges of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
The 136-count indictment, returned on May 6 and unsealed today, named Dr. Glenn Davis, 61.
According to the indictment presented to the court, from August of 2011 to February 2013, Dr. Davis prescribed and distributed thousands of Schedule II controlled substances (i.e., Oxycodone, Morphine, Oxycontin, Methadone, Fentanyl patches, Dilaudids, Opanas) outside the usual course of professional practice.
The law provides for a maximum sentence, at each of the 136 counts, of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Office of the Pennsylvania Attorney General, the Cambria County Drug Task Force, and the Internal Revenue Service Criminal Investigation Division conducted the investigation that led to the prosecution of Davis.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
James Fray Sentenced to Prison for Illegally Possessing FirearmsRead the Press Release
The United States Attorney's Office announced that JAMES EUGENE FRAY, 59, of Missoula, was sentenced to 57 months imprisonment, $10,000 in fines and 3 years supervised release, during a federal court session in Missoula on April 29, 2014, before Senior U.S. District Judge Donald Molloy. Fray was sentenced in connection with his December 2013 guilty plea to being a felon in possession of a firearm.
Assistant U.S. Attorney Paulette L. Stewart told the Court that between September 25, 2013, and October 4, 2013, Fray, a federally convicted felon, possessed ten firearms in Missoula, Montana. Fray has a federal conviction for a violation of 18 U.S.C. Section 922 (h), being a convicted felon receiving a firearm, that prohibits him from possessing firearms. The case agent obtained a certified copy of the Judgment from the United States District Court in North Dakota which documents Fray's name as James Anthony Frey. Due to a previous ATF investigation, the case agent verified that James Eugene Fray and James Anthony Frey are one and the same person.
Some of those firearms were stolen. On October 3, 2013, Missoula area law enforcement executed a search warrant on Fray's Toyota pickup truck. During the search warrant execution, the officers recovered firearms and ammunition. The firearms were stolen from a storage shed in the Missoula area. Investigation revealed that Fray purchased the firearms knowing that they were stolen.
Jackson County Man Sentenced for Theft of Government BenefitsRead the Press Release
Charleston, W.Va. – Michael W. Smith, 36, of Sandyville, Jackson County, West Virginia, was sentenced to five years’ probation following his guilty plea to theft of government benefits, United States Attorney Booth Goodwin announced today. Smith was also ordered to repay $10,110 to the federal government.
In October 2008, Smith began receiving Supplemental Security Income (SSI) benefits on behalf of his uncle, James Conrad, as Conrad’s representative payee. A representative payee is a person who agrees to receive SSI benefits on behalf of the intended recipient. When Conrad died on April 29, 2009, Smith’s right to receive benefits on behalf of his uncle terminated. Smith continued, however, to receive and cash SSI payments intended for his deceased uncle from May 2009 to July 2010. These payments totaled $10,110. In March 2011, Smith admitted his theft to agents of the Social Security Administration’s Office of the Inspector General (SSA OIG).
The SSA OIG conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution. The sentence was handed down by United States District Judge John T. Copenhaver, Jr.
JAMES ZANDER PLEADS GUILTY TO TAX EVASION Great Falls Dentist Used Fraudulent Religious Enterprise to Claim Exemption from TaxationRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls on May 5, 2014, before U.S. District Judge Brian Morris, JAMES ZANDER, 63, pled guilty to one count of Tax Evasion. Zander faces a potential sentence of five years in prison, $250,000 fine, the costs of prosecution and three years of supervised release. Restitution will include unpaid taxes, interest and penalties.
In an Offer of Proof filed by Assistant U.S. Attorney Chad Spraker, Spraker told the Court that Zander, a dentist who owned and operated Dental Care of Great Falls beginning in 1992, filed individual income tax returns until the 2001 tax year. Zander's tax preparer prepared an IRS Form 1040 2001 individual income tax return for Zander and an IRS Form 1120S for Zander's solely owned corporation, Dental Care of Great Falls. Zander did not file the individual 2001 return. Dental Care of Great Falls, however, filed the corporate return, which was signed by Zander. The corporate return listed $101,755 in officer compensation and $117,769 in pass-through income. Dental Care of Great Falls also submitted a 2001 IRS Form W-2 to the IRS listing Zander's wages at $101,755. Spraker provided the Court Zander's filing history to establish his knowledge of the filing requirements.
On February 20, 2002, Zander formed Solid Rock Partners, LP in Nevada; on July 16, 2003, he formed Royal Priesthood Society, a corporation sole, in Nevada; and on June 10, 2008, he formed American Humanitarian Project, another corporation sole, in Arizona. Zander opened and maintained bank accounts for each of these entities.
Zander maintained two bank accounts for Dental Care of Great Falls. According to Zander's assistant, one account funded office bills and the other account funded Royal Priesthood Society. Zander used money from Royal Priesthood Society for personal expenditures. According to Zander's bookkeeper, Zander instructed her to classify checks from Dental Care to Royal Priesthood Society as charitable contributions. From 2006 to 2009, $271,000 in checks was issued from Dental Care of Great Falls to Royal Priesthood Society. From 2002 to 2009, Zander purchased five parcels of land in the name of Solid Rock Partners and Royal Priesthood Society.
On February 17, 2004, Zander sent a signed IRS Form 1040 2001 individual income tax return to the IRS listing zeroes in each of its sections for income, adjusted gross income, and tax liability. The return requested a $27,131 refund, the amount Zander had withheld that year.
On July 2, 2004, the IRS sent Zander a letter informing him that his 2001 return was frivolous and warned him of the consequences of not paying his taxes. Based upon the 2001 IRS Form 1120S for Dental Care of Great Falls, the W-2 issued to Zander, and other documents received by the IRS, the IRS completed an audit and assessed Zander's 2001 tax liability at $86,195.37. On May 10, 2006, the IRS sent Zander a letter with the proposed assessment and again warned him of the consequences of failing to pay his taxes. When Zander did not respond to the letter, the IRS issued him a June 30, 2006, notice of deficiency, and on February 26, 2007, the IRS assessed his 2001 tax liability at $87,694.90. The IRS later revised its assessment and calculated a $100,972.81 liability as of March 10, 2010 for the tax year 2001.
In December 2007 and January 2008, the IRS issued a notice of levy to Zander with respect to bank accounts he held at Stockman Bank. In response, Zander sent letters to Stockman Bank asserting that the levies were unlawful and Zander is not subject to taxation. After the IRS collected approximately $2,000 from the levies, Zander stopped making deposits into the Stockman accounts and closed them on November 18, 2008.
On April 13, 2009, IRS Revenue Agent Graves served summonses on other financial institutions holding Zander's money, including First Interstate Bank. Zander closed his bank account at First Interstate Bank on October 16, 2009.
On October 23, 2009, and November 2, 2009, Zander sent fictitious $300 million "Private Indemnity Bonds" to the U.S. Treasury Secretary. The "Private Indemnity Bonds" purported to offset Zander's pre-existing and future liabilities.
IRS Revenue Officer Murray placed liens on Zander's property at the Cascade County Clerk and Recorder's office on October 7, 2009. The following day Murray hand delivered three letters to Zander warning of IRS collection for the tax years 2001 and 2005. On October 19, 2009, Zander responded and attached the IRS's levy notices stamped "Refused for Cause." On October 21, 2009, Murray sent Zander a letter warning him of the frivolous nature of his arguments and the potential for criminal penalties. On November 30, 2009, Zander sent Rena Moore, the Cascade County Clerk, a letter demanding she release the tax liens within ten days.
Despite Zander's tax debt, Dental Care of Great Falls earned over $1 million in gross receipts from 2006 to 2009. From 2003 to 2009, Zander spent $274,905 on precious metals, and from 2002 to 2009 he spent $108,168 on five parcels of land.
Sentencing is set for August 15, 2014, at the Missouri River Courthouse in Great Falls, Montana.
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service.
Inland Empire Couple Pleads Guilty to Federal Charges Involving Sex Trafficking of A Child Who Worked as Prostitute in HemetRead the Press Release
RIVERSIDE, California – Two Inland Empire residents have pleaded guilty to federal sex trafficking charging, admitting that they forced a 14-year-old girl to work as a prostitute in 2012.
Kawaum Marquez Scott, 24, of Quail Valley, and Nekeyia Necole Weatherspoon, who also used the name “Keey Bee,” 22, of Perris, pleaded guilty yesterday in United States District Court.
Scott pleaded guilty to two counts of sex trafficking of a child, and Weatherspoon pleaded guilty to one count of conspiracy to engage in child sex trafficking
According to court documents, Scott and Weatherspoon forced the 14-year-old victim into prostitution. The defendants, who took photos of the victims and used the pictures to advertise services on the Internet, drove the victim to destinations in Hemet to engage in prostitution, made her use an alias, and advised her to tell male customers that she was 18 years old. Scott and Weatherspoon took all the money paid to the girl for the sex acts.
According to an affidavit filed in this case, on one occasion in October 2012, Scott and Weatherspoon brought the victim to a motel in Hemet, where she engaged in sex with multiple men over a two-day period, and received approximately $2,500 in payment, all of which went to the defendants.
In plea agreements filed in court, prosecutors and the defense agreed that Scott should receive a sentence of 210 months and Weatherspoon should be sentenced to
between 84 and 168 months in federal prisonUnited States District Judge Virginia A. Phillips will review a presentence report prior to accepting the agreed-upon sentences in this case. A sentencing hearing is scheduled for July 21.
The investigation in this case was conducted by the Riverside County Sheriff’s Department and the Federal Bureau of Investigation, which are members of the Inland Child Exploitation Task Force (ICEP), a multi-agency effort that investigates matters of child exploitation, primarily the sexual trafficking of minors.
Release No. 14-056
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Strong on May 6, 2014 and entering pleas of Not Guilty were:
- JONAS L. FLANSBURG, a 31-year-old resident of Dodson, appeared on charges of being a felon in possession of a firearm. If convicted of the charged contained in the indictment, FLANSBURG faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-29
Appearing before U.S. Magistrate Lynch in Missoula on May 6, 2014 and entering pleas of Not Guilty were:
- STEVEN MICHAEL CATE, a 44-year-old resident of Newport, Washington appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, CATE faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference: 14-21
- DANIEL ROGER RACHELL, a 43-year old resident of Darby, appeared on charges of threats against the President and threats against former presidents and certain other persons. If convicted of the most serious charges contained in the indictment, RACHELL faces 5 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Secret Service. PACER Case Reference: 14-25
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Importer Convicted of Selling Sexual Enhancement Products Containing Prescription DrugsRead the Press Release
ALEXANDRIA, Va. – Richard Deng, 68, of Silver Spring, Md., pleaded guilty today to introducing into interstate commerce misbranded foods and drugs, in violation of the federal Food, Drug, and Cosmetic Act. In particular, Deng admitted unlawfully selling various male sexual enhancement dietary supplements that contained the active ingredients in the prescription drugs Viagra and Cialis, and dispensing the products without a prescription and in packaging that failed to disclose the existence of these substances.
Dana J. Boente, United States Attorney for the Eastern District of Virginia, and Antoinette V. Henry, Special Agent in Charge of the Food and Drug Administration’s (FDA) Office of Criminal Investigations, made the announcement after the plea was accepted by U.S. District Judge Gerald Bruce Lee.
Deng faces a maximum penalty of three years in prison when he is sentenced on August 1, 2014.
In a statement of facts filed with the plea agreement, Deng admitted operating a business known as InterTradeCorp or InterTradeMart, which sold various imported items through its Beltsville, Md. storefront and over the Internet. These products included sports apparel, DVDs and male sexual enhancement dietary supplements, many of which contained sildenafil, the active ingredient in prescription drug Viagra, and/or tadalafil, the active ingredient in prescription drug Cialis. Deng admitted that after his Beltsville facility was searched in 2011 and the unlawful products were seized, he continued to sell the products. After a second search warrant was executed at Deng’s business in 2013, authorities discovered additional male sexual enhancement dietary supplements unlawfully containing sildenafil. Deng admitted that during the period 2011-2013, he received approximately $333,070 from the sale of these products.
The products seized and found to unlawfully contain prescription drugs include products known as the following: Vivid, LuRong Sheng Jing Wan, Good Man, Stree Overlord, Zhong Hua Niu Bien, Hard Ten Days, Africa Black Ant, Tiger King, Stiff Nights, Vegetal Vigra, Titan, Libigrow, Weekend Prince, Black Ant, Plant Vigra, Man King, Tibet Babao, Zhang Sheng Wei Ge Caho Yue Xi Li Shi, Mojo Risen, Clalis, Sensual Sensuel, and God of War Veyron.
These products were dispensed without a prescription and in packaging that failed to disclose the existence of prescription drugs. Some of the products also contained dosages of sildenafil and tadalafil beyond those approved for Viagra and Cialis or contained combinations of those substances that have not been approved by the FDA. Moreover, if the substances were to contraindicate with a user’s medical condition or prescription drugs, serious harm to the user could result.
This case was investigated by the FDA’s Office of Criminal Investigations. Assistant U.S. Attorney Paul J. Nathanson is prosecuting the case on behalf of the United States.
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 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.Howes Woman Sentenced for Credit Union EmbezzlementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, woman convicted of embezzlement from a credit union was sentenced on April 29, 2014, by U.S. District Judge Robert A. Lange.
Sara Jo Morrison, age 33, was sentenced to 1 month in custody to be followed by 2 years of supervised release. She was also ordered to make restitution in the amount of $5,400.
Morrison was indicted for Credit Union Embezzlement by a federal grand jury on July 17, 2013. She pled guilty on January 14, 2014.
Between October 2010 and January 2011, Morrison was employed as a teller at a credit union in Eagle Butte. She took money from her teller drawer and then falsely recorded the drawer’s cash count on the credit union’s books.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Morrison was allowed to self-surrender to the U.S. Marshals Service on May 6, 2014.
Hogback, N.M., Man who was Convicted on Rape Charge After Trial is Sentenced to Twelve and a Half Years in Federal PrisonRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney Damon P. Martinez and John Billison, Director of the Navajo Nation Division of Public Safety, announced that Myron Jim Harry, 27, was sentenced this morning to 151 months in federal prison followed by ten years of supervised release for his rape conviction. Harry will be required to register as a sex offender after he completes his prison sentence.
Harry, an enrolled member of the Navajo Nation from Hogback, N.M., was arrested in May 2010, based on a criminal complaint alleging that he sexually abused a Navajo woman in Shiprock, N.M., on May 6, 2010. According to the complaint, Harry committed the offense while the victim could not communicate her unwillingness to participate in the sexual act. Harry subsequently was indicted on that same charge.
On May 9, 2013, a federal jury found Harry guilty on the sole count of the indictment after a four-day trial. The evidence at trial established that, on the night of May 5, 2010, Harry and several others celebrated the victim’s birthday in a Shiprock apartment. Early the next morning, while the victim was asleep next to another woman in a bedroom in the apartment, Harry entered the bedroom and the victim awoke to find Harry raping her. The other woman, who awoke to find Harry raping the victim while the victim was asleep, yelled at Harry to get off of the victim and threw him out of the apartment. Other witnesses in the apartment testified that the victim was in a state of shock and crying after being violated by Harry. The victim was examined at a medical facility where a sexual assault evidence kit was used to preserve evidence. The examination revealed that the victim sustained physical injuries to her vaginal area and DNA analysis revealed that Harry’s semen was found on the victim. Harry testified in his own defense and claimed that he had been seduced by the victim and that the intercourse was consensual.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney David M. Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Heroin Dealer in Poplar Grove Area of Baltimore Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Isiah Robinson, age 27, of Baltimore, to 10 years in prison followed by five years of supervised release for conspiring to distribute and possession with intent to distribute heroin.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to his plea agreement and court documents, from January to July 23, 2013, Robinson conspired with his father, Darryl Robinson Sr., and others to distribute heroin from an open-air drug “shop” in the Poplar Grove neighborhood of Baltimore. On a daily basis, the co-conspirators bought heroin, stored the drugs at stash houses throughout Baltimore City and packaged the drugs to sell on the streets. Isiah Robinson personally sold heroin to customers in Baltimore City while also supervising and directing other street-level dealers.
During the conspiracy, Isiah Robinson and others conspired to distribute and possess with the intent to distribute at least a kilogram of heroin.
Darryl Robinson, age 49, of Baltimore, a leader of the drug trafficking organization, previously pleaded guilty to his participation in the conspiracy and was sentenced to 15 years in prison.United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Clinton J. Fuchs and Scott Lemmon, who prosecuted the case.
Harold Williams Sentenced to 92 Months for Distributing OxycodoneRead the Press Release
GREENEVILLE, Tenn. – On May 5, 2014, Harold Williams, of Philadelphia, Pa., was sentenced to serve 92 months in prison by the Honorable J. Ronnie Greer, U.S. District Judge. Upon his release from prison, Williams will be subject to supervised release for six years.
In September 2013 Williams pleaded guilty to conspiring to distribute oxycodone in Hamblen County, Tenn. Williams brought oxycodone from Philadelphia to East Tennessee. An undercover investigation culminated with the April 2013 arrest of Williams and another individual, who were traveling in a rented Ford Explorer. A search of the vehicle led to the seizure of over 1,600 oxycodone tablets. The sentencing of Williams brings to a close the prosecution of this drug conspiracy which included local residents Samuel Webb, Jason Hill, Diana Briggs Shultz and Wendy Jefferson. Together, Williams and these individuals distributed more than 10,000 oxycodone tablets in Hamblen County.
U.S. Attorney, William C. Killian noted, “abuse of oxycodone has reached epidemic proportions in East Tennessee. The U.S Attorney’s Office will continue to prosecute these cases in order to combat this influx of drug crime into our communities.”
Law enforcement agencies participating in the joint investigation included the Hamblen County Sheriff’s Office and Federal Bureau of Investigation. Assistant U.S. Attorney J. Gregory Bowman represented the United States.
Former CEO of Publicly Traded Company Sentenced in Securities Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Richard Altomare, 65, of Palm Beach County, was sentenced yesterday for his participation in a securities fraud “pump and dump” scheme. Altomare was sentenced to 37 months in prison, to be followed by three years of supervised release.
On February 21, 2014, a federal jury in Fort Lauderdale convicted Altomare on four counts, including one count of mail fraud and three counts of securities fraud.
According to the indictment and evidence presented during the trial, Altomare was the former CEO of Universal Express, Inc. Between 2000 and 2003, Altomare and other company insiders sold 500 million unregistered shares of Universal stock to the public, and then issued a series of false press releases in order to offset the resultant negative pressure on the stock price. On March 8, 2007, a Final Judgment in a civil action brought by the Securities and Exchange Commission was entered against Altomare. Among other things, the order prohibited Altomare from “participating in an offering of penny stock, including engaging in activities with a broker, dealer, or issuer for the purposes of issuing, trading or inducing or attempting to induce the purchase or sale of any penny stock.”
Despite the order, Altomare persuaded a start-up financial services firm based in Jacksonville called Sunset Brands, Inc. (SSBN), whose shares traded on the over the counter “penny stock” market, to bring him in as a consultant to attract investors and help write their press releases. Instead, Altomare used his access to the company to carry out a “pump and dump” scheme to defraud investors. In early 2013, Altomare met with a former business associate and conceived a scheme to artificially inflate the share price and trading volume of SSBN stock to enrich himself and his associate. Unbeknownst to Altomare, his former associate had become an informant for the FBI. During recorded conversations and meetings with the informant, Altomare promised to compensate him with SSBN stock to induce his cooperation in the scheme. Altomare’s plan was to have his former associate purchase shares of SSBN stock to mislead investors into believing that SSBN's share price was rising, and that there was a public market for SSBN stock. Altomare also used his access to SSBN’s press releases to further the scheme. Altomare agreed to cause SSBN, which was unaware of his plans, to issue positive press releases about the company to follow and coincide with the illegally induced purchasing by the informant. The purpose of the press releases was to make it appear that SSBN’s stock price was rising because of the positive news, and to conceal the market manipulation scheme from regulatory authorities. Altomare’s plan was to sell, or “dump,” the stock he and the informant controlled after the share price had been artificially inflated, and then split the proceeds with the informant.
Mr. Ferrer commended the investigative efforts of the FBI, and the assistance of the Miami Regional Office of the Securities and Exchange Commission. The case was prosecuted by Assistant U.S. Attorneys Alejandro O. Soto and Kevin J. Larsen.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Men Indicted for Synthetic Drug DistributionRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Harmeet Singh (39, Windermere); Cean Al Najjar (33, Palm Harbor); and Michael Petrucci (49, Tampa) with conspiring to distribute, and distributing, controlled substance analogue AM2201. If convicted on all counts, each faces a maximum penalty of 40 years in federal prison.
The indictment also notifies the individuals that the United States intends to forfeit a money judgment of $13,145,032.65, representing the proceeds of the offenses, the contents of four bank accounts, which contain proceeds of, and helped to facilitate, the offenses, and two residences purchased with proceeds of the offenses.
According to the indictment, Singh, Al Najjar, and Petrucci allegedly conspired to distribute, and distributed a controlled substance analogue called AM2201 from at least March 1, 2011 until at least March 23, 2012, earning millions of dollars in the process.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Pinellas County Sheriff’s Office, the Seminole County Sheriff’s Office, and the Altamonte Springs Police Department. It will be prosecuted by Assistant United States Attorneys James A. Muench and Natalie Hirt Adams.
This case is a part of Project Synergy, an ongoing effort to target every level of the dangerous global synthetic designer drug market. While many of the designer drugs being marketed today that were seized as part of Project Synergy are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (CSAEA) allows many of these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance.
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Final Defendants Sentenced in Prison Gang Case Based in Central ValleyRead the Press Release
FRESNO, Calif. — The last defendants in a series of large cases targeting the Nuestra Familia prison gang were sentenced in U.S. District Court this week, U.S. Attorney Benjamin B. Wagner announced. In total, 37 defendants were sentenced to federal prison, 18 of them to 10 years or more in prison. One defendant was sentenced to probation. They were sentenced for drug trafficking offenses committed to advance the Nuestra Familia gang.
On Monday, May 5, 2014, Jose Velez, 32, of Delano, was sentenced to 30 years in prison; Felipe Ramirez, 34, of Visalia, was sentenced to 28 years in prison; Christopher Medrano, 33, of Hanford, was sentenced to 12 years and seven months in prison; Raymond Avalos, 31, of Hanford, was sentenced to 20 years in prison; and Calixtro Israel Sanchez, 26, of Hanford, was sentenced to 12 years and seven months in prison.
On April 28, 2014, Shawn Michael Cameron, 38, of Hanford, was sentenced to 32 years in prison; Jonathan Mojarro, 24 of Hanford, was sentenced to 13 years in prison. On April 23, 2014, Richard Salas, 28, of Hanford, was sentenced to 20 years in prison. The federal charges were dismissed for four defendants in favor of significant state sentences.
All of the defendants in this case pleaded guilty to the charges and did not go to trial. They were members or associates of the Nuestra Familia (NF), a violent Hispanic prison gang based within the California prison system whose members exert control over street‑level Norteño gang members engaged in drug trafficking and violent crime throughout the Central Valley.
According to court documents, during 2009 and 2010, the NF trafficked in methamphetamine, distributing the drugs and collecting debts in Kings, Tulare, Kern, Stanislaus, Merced, Madera, and Fresno Counties. The NF obtained large shipments of methamphetamine from Mexico and distributed it among NF regiments throughout California and elsewhere. Some of the profits of the trafficking funded NF members in prison in order to maintain the NF’s power structure within the prison system.
“Numerous federal, state and local law enforcement agencies in this region came together to take on one of the most dangerous gangs in California,” said U.S. Attorney Wagner. “Our work is not done, but many of the most powerful members of the Nuestra Familia will be spending many years in federal prison in places far removed from the Central Valley.”“Organized prison gangs and other criminals who traffic drugs are responsible for increased violence in our communities,” stated Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Joseph M. Riehl. “This investigation is a prime example of teamwork and superior collaboration among many law enforcement agencies with a successful investigative conclusion and prosecution.”
“Today’s significant sentences demonstrate the success multi-agency Organized Crime Drug Enforcement Task Forces have in achieving the common goal in reducing violence and drug trafficking by taking offenders off the streets,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI. “The FBI is committed to ongoing unified collaboration with our partners to identify, disrupt, and dismantle violent gangs who pose a threat to safety and quality of life in our communities.”
“This investigation was an example of how successful we can be when local, state and federal agencies work together to investigate, arrest, and prosecute this level of criminal enterprise that penetrates our communities. We are very vigilant to make sure that when they attempt to take a hold in our communities in the future, we will be just as aggressive in the investigation and their arrest and prosecution," stated Carlos Mestas, Chief of Police, Hanford Police Department.
This case was the product of an extensive series of Organized Crime and Drug Enforcement Task Force (OCDETF) investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; Kings County Narcotic Task Force; the California Department of Justice; and the California Department of Corrections and Rehabilitation. Numerous local law enforcement agencies played key roles in the investigations, including the Police Departments of Hanford, Lemoore, Visalia, Los Banos, and Corcoran, the Kings County Sheriff’s Office, the California Highway Patrol, and the U.S. Marshals Service. Assistant United States Attorneys Kimberly A. Sanchez, Kathleen A. Servatius, and Melanie L. Alsworth prosecuted the case.
This was one of a series of NF cases prosecuted in the Eastern District of California. In two other cases completed in US District Court in Fresno in 2013, seven NF associates were each sentenced to between 10 and nearly 16 years for drug trafficking offenses. In the Sacramento division of the Eastern District, three more cases have resulted in additional prison sentences for NF leaders and associates. At least 16 people were sentenced to 10 years or more in the Sacramento federal cases. See attachments for more information.Felon Sentenced for Escaping from Federal PrisonRead the Press Release
MINNEAPOLIS— Yesterday in federal court, a 67-year-old Bloomington man was sentenced for escaping from a Federal Prison Camp in Duluth. United States District Court Judge Patrick J. Schiltz sentenced Gerald James Greenfield to an additional 18 months in federal prison.
Greenfield was serving a 50-month sentence for conspiracy to commit money laundering when he escaped from the prison facility in Duluth on March 30. The defendant was arrested on April 5 at a hotel in Burnsville.
This case was the result of an investigation by the United States Marshals Service and the Federal Bureau of Prisons. It was prosecuted by Assistant United States Attorney Manda M. Sertich.Felis Lusiano Romo Found Guilty in Federal CourtRead the Press Release
The United States Attorney's Office announced that on April 24, 204, in Billings, after a 2 day federal district court trial before U.S. District Judge Susan P. Watters, FELIS LUSIANO ROMO, a 32-year-old resident of Moses Lake, Washington, was found guilty of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and felon in possession of a firearm. He is currently detained pending sentencing.
Assistant U.S. Attorney Paulette Stewart presented evidence that in 2012 and 2013, Robert Armstrong operated a drug distribution enterprise between Moses Lake, Washington, and Sidney, Montana. Felis Romo was among those who supplied methamphetamine to Armstrong for re-distribution in the Bakken. The evidence disclosed that Armstrong had begun methamphetamine trafficking operations in the Sidney area in approximately April 2012 and the activities of Armstrong and his coconspirators continued until approximately September/October 2013. The conspiracy employed couriers who transported methamphetamine from the State of Washington to Montana. Sometimes the couriers drove the methamphetamine all the way to Sidney and other times the couriers met Armstrong, or his associates, mid-way---at Butte, Big Timber, and Livingston.
In early 2013, members of the Montana Division of Criminal Investigation (MDCI), the United States Drug Enforcement Administration (DEA), and the Sidney, Montana Police Department began to investigate Armstrong's drug trafficking organization. As part of the investigation, informants and an undercover MDCI agent made controlled purchases of methamphetamine from Armstrong and many of his associates in February and March, 2013.
In the summer of 2013, Armstrong's operation was faltering and Romo came to Sidney from Moses Lake to get things straightened out and take over for Armstrong as the organization's distributor in the Sidney/Bakken area.
A grand jury subsequently indicted Armstrong and several of his accomplices who have all since entered guilty pleas to trafficking charges.
Romo faces possible penalties of 40 years imprisonment, $5,000,000 in fines and 4 years supervised release.
Federal, State and Local Authorities Dismantle National Spice Distribution Organization Reaching into Colorado CommunitiesRead the Press Release
Indictments represent the most significant investigation to date in the United States regarding synthetic cannabinoid trafficking which resulted in more than 220 Spice-related emergency room visits and at least one death in Colorado last year.
DENVER – Following an eight month investigation by federal, state and local law enforcement, a federal grand jury in Denver has returned indictments charging nine individuals from across the country with conspiracy and drug distribution charges related to “Spice”. In addition to the federal indictment, state authorities led by the District Attorney’s Office for the 18th Judicial District (Arapahoe County) also sought and obtained an indictment charging many of the same defendants under Colorado state racketeering statutes. In addition, the Colorado Attorney General’s Office today announced the filing of a civil lawsuit under the Colorado Consumer Protection Act.
“Spice” is a common term for synthetic cannabinoids. From August through September 2013, there were 221 documented synthetic cannabinoid related emergency room visits in the Denver and Colorado Springs metro areas. At least one death has also been attributed to the illegal substance. There were hospitalizations in other states as well. The Colorado Department of Public Health and Environment (CDPHE) and the Centers for Disease Control and Prevention (CDC) initially investigated the outbreak of these emergency room visits, declaring an emergency health epidemic in 2013. In response to the crisis, federal, state and local law enforcement and prosecutors came together to identify solutions to protect the public, especially youth, from the purchase and use of Spice and other synthetic cannabinoid products.
The majority of “Spice” victims were between the ages of 12 through 29, with victims ranging in age from 12 to 70 years of age. Seventy-five percent of the victims were male. Local convenience stores and gas stations made retail sales of the spice products. In this case, investigators have determined that the original chemical product is sent to the United States from China. The indictment alleges the chemical was imported to Florida and received by defendant Daniel Bernier. In Florida the chemical was sprayed on a green vegetable substance. The chemical-coated substance was then packaged and shipped to both wholesalers and retailers in Colorado and throughout the United States.
The indictment alleges that the distribution was organized by defendant John Bowen and Bernier. They first operated under the name “The Really Cool Stuff Company”. After the product received negative media attention, the two defendants allegedly changed the distribution name to “Heart of Asia.” Creager Mercantile Company, run by defendant Donald Creager, III, was one of the wholesalers. Creager would then ship the product to local corner stores and gas stations in Colorado. He also allegedly distributed product to defendant Orlando Martinez’s business, “O’s Pipes and Tobacco.” Defendant James Johnson of Castle Rock was a salesperson working for The Really Cool Stuff Company and later Heart of Asia.
The defendants also shipped product to retail outlets in other states, including Avalon on 4th LLC, associated with defendant Kenneth Chastain in Wisconsin; Main Stop, Inc., associated with defendant Altaf Hussain in Illinois; and “Tobacco Hut,” associated with defendants Peter Karfias and Stephanie Christensen in Nebraska.
Defendants face charges ranging from conspiracy to defraud the United States and violate the Controlled Substances Act to distribution and possession with intent to distribute a controlled substance. Penalties range from not more than 5 years in federal prison up to not more than 20 years in federal prison, depending on the nature of the charge.
The investigation encompassed Colorado, Georgia, Florida, Alaska, Illinois, Texas, Wisconsin, Nebraska, Nevada, with documented distribution of synthetic cannabinoids from Heart of Asia to numerous additional states.
Law enforcement emphasized that no brand of Spice or similar products is safe. All synthetic cannabinoids are dangerous. No “Spice” products have been approved by the FDA, and may constitute controlled substances in violation of state and federal law.
Prosecutors from the 18th Judicial District have obtained a racketeering indictment against many of the same defendants named in the federal indictment. The 18th Judicial District grand jury returned an indictment naming five individuals as part of an enterprise engaged in a pattern of racketeering activity. Those people range from the national suppliers, to a large scale distributor in the Denver Metro area, and the owner of a retail establishment in Aurora. The source of supply for this enterprise would change the chemicals used in their drugs in an attempt to evade federal prosecution, however, Colorado law has prohibited the sale of any synthetic cannabinoids since 2011. Under Colorado state law, the defendants face a mandatory minimum of 8 years in prison.
In addition to the federal and state prosecutions, the Colorado Attorney General’s Office today announced the filing of a separate civil lawsuit against Orlando Martinez, owner of O’s Pipe and Tobacco (or “O’s Pipes and Tobacco” referenced earlier). Martinez and O’s Pipes is accused of violating the Colorado Consumer Protection Act by failing to disclose to consumers that their spice products were harmful and potentially illegal. This is the third spice lawsuit filed by the Colorado Attorney General, having previously sued Tobacco King in Longmont and Paymon’s in Aurora.
“Spice, bath salts, or whatever name this dangerous product goes by, is made up largely of synthetic chemicals imported from abroad without any safety oversight,” said U.S. Attorney John Walsh. “There is nothing natural or organic about it. Spice is a form of foreign-laboratory-produced poison, and has sent many users to the hospital, or even to the morgue. Just because a gas station or convenience store is selling it doesn’t make it legal, let alone safe.”
“This is the most significant synthetic drug investigation ever conducted by the Denver Field Division of DEA, and is part of an on-going international operation conducted by DEA,” said Barbra Roach, Special Agent in Charge of the DEA Denver Division. “The synthetic cannabinoids targeted, and those who would distribute them, posed dangerous health threats to the Denver community resulting in hundreds of hospitalizations and at least one death this past year. This 8 month investigation by federal, state and local authorities sets the example for cooperation in addressing new and developing hazards to the community.”
"Under the Colorado Consumer Protection Act, we are adding civil charges to the list of criminal charges O's Pipe and Tobacco and Orlando Martinez now face,” said Colorado Attorney General John Suthers. “Today's multi-state, multi-agency actions sends a strong message to all purveyors of spice that they will not profit from the sales of these dangerous and illegal synthetic cannabinoids that are harming the public.”
“Spice is poison and pain deceptively packaged as pleasure,” said 18th Judicial District Attorney George Brauchler. “Spice has hurt too many in our community and this coordinated effort by our different agencies demonstrates how seriously this drug is being treated at all levels of government. The danger of Spice is clear and those who continue to distribute it to our children and community should take heed that law enforcement will be relentless in pursuing justice in these matters.”
“Spice is an awful drug and a terrible threat to those who use it,” said Aurora Police Chief Dan Oates. “I am gratified by the efforts of the DEA and the role that the Aurora Police Department played in getting this dangerous drug and those that distribute it off the streets of our community.”
“Drugs that are produced and distributed outside the FDA’s oversight present the prospect of harm to the public’s health,” said Catherine A. Hermsen, acting special agent in charge, FDA’s Office of Criminal Investigations. “FDA-OCI appreciates the coordinated efforts of DEA and other law enforcement agencies to bring to justice all those who evade federal drug laws.”
“This case is a great example of effective collaboration between, local, state and federal law enforcement agencies resulting in the removal of dangerous drugs from our communities and ensuring individuals are held accountable for their actions,” said Castle Rock Police Chief Jack Cauley.
“This is a great example of law enforcement agencies working together,” said Stephen Boyd, Special Agent in Charge for IRS Criminal Investigation, Denver Field Office. “We play a unique role in federal law enforcement’s counter-drug effort in that we follow the money trail and deprive drug dealers of their profits and seize their assets.”
This case is being investigated by the Drug Enforcement Administration (DEA), the Food and Drug Administration Office of Criminal Investigation (FDA OCI), the Internal Revenue Service – Criminal Investigation (IRS CI), the ATF, the District Attorney’s Office of the 18th Judicial District, the Aurora Police Department, the North Metro Drug Task Force, the West Metro Drug Task Force, the Castle Rock Police Department, the Denver Police Department, the Lakewood Police Department, and the Colorado Department of Revenue.
The United States Attorney’s Office also commends the Colorado Attorney General’s office to remove Spice from the shelves of stores in Colorado.
The United States Attorney’s Offices for the Central District of Florida, the District of Nebraska, the District of Nevada, the Western District of Wisconsin and the Northern District of Illinois have provided substantial assistance in this matter as well.
This investigation is ongoing, and no further information outside of the indictment can or will be provided.
The defendants are being prosecuted by Assistant U.S. Attorneys Jaime Pena and James Russell, along with Deputy District Attorneys of Colorado’s 18th Judicial District.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
Federal Judge Convicts Kamiah Man of Assaulting OfficersRead the Press Release
COEUR D’ALENE — A federal magistrate judge in Coeur d’Alene convicted Robert Wesley Warden, 49, of Kamiah, Idaho, of five counts of assault for assaulting a Kamiah Marshal and two Nez Perce Tribal Officers, U.S. Attorney Wendy J. Olson announced. The defendant elected to have the assault charges heard by the court, without a jury.
During the trial, United States Magistrate Judge Candy W. Dale heard evidence that on September 15, 2012, a distressed child called 911 and reported that a man was beating her mother. The child’s mother also spoke to the 911 dispatcher, and reported that Warden had been physically assaulting her. The 911 dispatcher asked Nez Perce Tribal Police and a Kamiah Marshal to respond to the emergency.
Judge Dale heard evidence that the first person to arrive at the scene was a Kamiah Marshal. The Kamiah Marshal learned that Warden had fled the scene and the Marshal stayed with mother and child while waiting for Nez Perce Tribal Police to arrive from another city. Before Nez Perce Tribal Police arrived, Warden returned to the residence. The Kamiah Marshal met Warden outside and told him he was being detained until the arrival of the Nez Perce Tribal Police. The defendant refused to cooperate and tried to pass the Kamiah Marshal, heading towards the woman and her child. The trial evidence showed that a struggle ensued when the Kamiah Marshal attempted to handcuff Warden. During that struggle Warden tried to bite the Kamiah Marshall.
Nez Perce Tribal Police arrived shortly after the struggle between Warden and the Kamiah Marshal ended. They arrested Warden and placed him in a patrol car. The trial evidence showed that Warden started kicking the inside of the patrol car. When Nez Perce Tribal Police Officers went to restrain Warden he attempted to kick one and bite another. He also spit on both officers. Because of this conduct, Warden was charged by federal indictment with five counts of assault.
“Law enforcement officers who respond to 911 calls for assistance often face emotionally charged and dangerous situations,” said Olson. “This office will not tolerate assaults on these officers who undertake their sworn duty to protect the public. Within Indian Reservations, where determining which agency has jurisdiction is often a difficult question, all persons have an obligation to comply with a law enforcement officer’s commands in the line of duty. I commend the witness officers involved in this case.”
The court found the defendant’s allegation of lack of jurisdiction by Officer Taylor of the Kamiah Marshall’s Office was not a defense to the assault and that Officer Taylor was reasonably there in response to a 911 call.
Each assault conviction is punishable by imprisonment for not more than six months, a fine of not more than $5000, and a special assessment of $10.
Warden is set for sentencing on August 19, 2014, before Judge Dale at the federal courthouse in Coeur d’Alene.
The case was investigated by the Kamiah Marshals, Nez Perce Tribal Police, and Federal Bureau of Investigation.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. — The results of the May 2014 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. The return of an indictment is a method of informing the defendant of alleged violations which must be proven in a court of law beyond a reasonable doubt to overcome the defendant’s presumption of innocence.
Eligio Cortez-Ayvar. Alien in the United States After Deportation. Cortez-Ayvar, 25, is charged with having returned to the United States unlawfully after being deported in April 2011 near Calexico, California. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Jose Duran-Olmos. Alien in the United States After Deportation. Duran-Olmos, 33, is charged with having returned to the United States unlawfully after being deported in July 2013 near Eagle Pass, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Abel Guerra-Morataya. Alien in the United States After Deportation. Guerra-Morataya, 33, is charged with having returned to the United States unlawfully after being deported in June 2006 near Brownsville, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Jose Jesus Hernandez-Flores. Possession with Intent to Distribute 500 Grams or more of Methamphetamine and Alien in the United States After Deportation. Hernandez, 32, is charged with possessing more than 500 grams of methamphetamine with intent to distribute. He is also charged with having returned to the United States unlawfully after being deported in March 2011 near Del Rio, Texas. If convicted, the statutory minimum mandatory penalty is ten (10) years imprisonment and the maximum statutory penalty is life imprisonment and a fine up to $10,000,000 for the drug charge. The maximum penalty for Hernandez-Flores being in the United States after deportation is twenty (20) years imprisonment and a fine up to $250,000. The Drug Enforcement Administration and Tulsa Police Department are the lead agencies.
Juan Herrera. Alien in the United States After Deportation. Herrera, 38, is charged with having returned to the United States unlawfully after being deported in December 2010 near Del Rio, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Alan Wade Hutchinson. Felon in Possession of a Firearm and Ammunition. Hutchinson, 32, of Inola, is charged with possessing a 9mm caliber pistol and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is ten (10) years imprisonment and a fine of $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the lead agency.
Matthew James Mathis. Felon in Possession of a Firearm and Ammunition. Mathis, 31, of Tulsa, is charged with possessing a 9mm caliber pistol and ammunition after a prior felony conviction. If convicted, the statutory maximum penalty is ten (10) years imprisonment and a fine of $250,000. The investigation is a joint effort of the Muscogee (Creek) Nation Lighthorse Police and the Bureau of Indian Affairs.
Josue Saldierna-Maldonado. Alien in the United States After Deportation. Saldierna-Maldonado, 26, is charged with having returned to the United States unlawfully after being deported in December 2012 near Laredo, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Federal Fugitive for over 23 Years Sentenced to 6 ½ Years in Prison for Drug TraffickingRead the Press Release
ROCKFORD — A former Freeport, Ill. man was sentenced today in federal court by U.S. District Judge Frederick J. Kapala on a federal drug trafficking charge. The defendant, ROBERTO ALVARADO, 61, was sentenced to 78 months in federal prison, to be followed by 5 years of supervised release. Judge Kapala ordered that at the end of his prison term, Alvarado, a citizen of Mexico, surrender to officials with Immigration and Customs Enforcement for deportation.
Alvarado had been arrested on Dec. 1, 1989, on a drug trafficking charge by FBI Special Agents. On Dec. 15, 1989, he was released on a $20,000 bond pending trial. However, Alvarado failed to appear for a court appearance on Sept. 18, 1990, and fled from Illinois. His bond was forfeited and the assets he had posted for bond were turned over to the United States. An arrest warrant was also issued for him. On June 28, 2013, Alvarado was a passenger in a car that was stopped in Montana by a State Police Trooper for speeding. The Trooper was able to identify Alvarado as being wanted by the FBI and took him into custody. Alvarado appeared before a federal magistrate who ordered that Alvarado be detained and transported to Rockford.
Once in Rockford, Magistrate Judge P. Michael Mahoney ordered that Alvarado be detained pending trial. Alvarado pled guilty to the drug trafficking charge on Dec. 4, 2013. In his plea agreement, Alvarado admitted that on Dec. 1, 1989, in Rock Falls, he had attempted to possess with the intent to distribute 1,414 grams of cocaine. At sentencing today, Judge Kapala noted the amount of time that Alvarado had spent as a fugitive and found it to be an aggravating factor in imposing the sentence.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
The government was represented by Assistant U.S. Attorney John G. McKenzie.
Federal Charges Filed Against 21 Alleged Members of Related Camden Drug Trafficking OrganizationsRead the Press Release
Camden’s C-4 Anti-Violence Team Arrests 16 in Coordinated Takedown
CAMDEN, N.J. – This morning, teams of federal, state and local law enforcement partners led by the FBI arrested 16 members of related drug trafficking organizations – bound by family and narcotics business relationships – that processed and distributed crack, powder cocaine and heroin on the streets of Camden County, U.S. Attorney Paul J. Fishman announced.
Based on criminal charges filed by the U.S. Attorney’s Office and executed through the cooperative work of the Camden County Crime Collaboration, or C-4, the arrests targeted a group of interconnected drug trafficking organizations (DTOs) operating primarily in the Whitman Park section of Camden. The complaints unsealed today charge 21 defendants in two separate DTOs: one allegedly led by Efraim Rivera (the Rivera DTO), and the second involving two groups run by the Roldan and Ramos families – allegedly led by cousins Raymond Roldan and Jerome “Ant” Ramos – operated cooperatively on Sheridan Street as one organization (the Sheridan Street DTO).
In addition to the 16 defendants arrested today, two of the charged individuals, Dewayne Jackson and Mark Washington, were already in custody on state charges. Three more are being sought by law enforcement. Those arrested today are expected to appear this afternoon before U.S. Magistrate Judge Anne Marie Donio in Camden federal court.
“According to the charges, these individuals turned entire city blocks into distribution centers for narcotics,” said U.S. Attorney Fishman. “Relying on the bond of blood ties, they allegedly operated drug trafficking businesses as a family affair, sharing suppliers and street dealers in Camden and throughout South Jersey. Law enforcement is collectively committed to improving the quality of life of the people who live in these neighborhoods, who deserve freedom from drug trafficking and related violence.”
“This is the largest FBI takedown in Camden in a decade,” said Edward J. Hanko, Special Agent in Charge of the FBI’s Philadelphia Division, “and we’re not done yet. The FBI’s South Jersey Violent Offender and Gang Task Force, aided by our outstanding law enforcement partners, is committed to dismantling the violent drug gangs poisoning Camden’s streets.”
According to documents filed in this case and statements made in court:
In addition to providing drugs to distributors on Sheridan Street, the DTOs together controlled or supplied numerous drug distribution groups, or “sets,” throughout Camden with powder cocaine, crack and – through the Ramos group – heroin. They also supplied other narcotics distributors, who sold the DTOs’ drugs throughout Camden County, including in Lindenwold, Sicklerville and Gloucester City.
Many of the DTOs’ members are relatives, and the Roldan and Ramos groups live in close proximity to one another on Sheridan Street. While the Roldan and Ramos groups each ran their own open-air drug sets along three blocks of Sheridan Street, they shared territory, set workers and suppliers, and used the same locations to process powder cocaine into crack cocaine.
An investigation led by the FBI used surveillance, confidential informants and cooperating witnesses, controlled drug purchases, record checks and telephone wiretaps to uncover the distribution networks.
Just during the time period of the wiretap – from Dec. 4, 2013 to March 4, 2014 – the Rivera DTO trafficked at least 225 ounces and the Sheridan Street DTO trafficked more than 50 ounces of powder cocaine. During the same period, the Rivera DTO trafficked approximately 24 ounces of crack. The Sheridan Street DTO sold more than 36 ounces of crack during a similar time frame – ending April 16, 2014 – during which the Ramos group also trafficked a minimum 325 grams of heroin, making approximately $1,800 a day on heroin alone.
“It is the continuing cooperative efforts of federal, state and county law enforcement agencies that have had a significant impact on the crime rate in Camden and made the city a safer place for its citizens, “said Camden County Prosecutor Warren Faulk. “Today’s arrests are just a part of these continuing efforts.”
“The Camden County Crime Collaboration is a collaboration of law enforcement agencies leveraging resources and intelligence to remove the most violent drug gang organizations from the streets in our region,” said Camden County Police Chief J. Scott Thomson. “Today’s arrest signals the end to a drug gang that has influenced violence in the Whitman Park neighborhood, one of Camden’s most challenged sections with gun violence. I am extremely grateful to the leadership of the U.S. Attorney’s Office of New Jersey for their stewardship of our C-4 efforts.”The Rivera DTO acquired and distributed powder cocaine to the Sheridan Street DTO, which then processed the powder into crack for sale at open-air drug sets it controlled. The DTOs maintained various stash houses; rented cars to conduct drug-related business; moved around different locations to manufacture crack; and employed coded language when conducting drug business by phone or text messaging.
Efraim Rivera primarily operated the Rivera DTO from his mother’s residence on Liberty Street in Camden, taking telephone orders for both powder and crack cocaine. He regularly travelled to Philadelphia, sometimes as often as three times a week, to purchase multiple-ounce quantities of cocaine from an uncharged conspirator who was Rivera’s source of supply. The Rivera DTO then sold the powder cocaine to the Sheridan Street DTO and to other customers. Some of the Rivera DTO’s customers then supplied powder or crack to Dymiere Demby, Dewayne Jackson and Daniel Alston for sets at 10th and Warsaw Streets, Green and Mechanic Streets, and Lindenwold, respectively.
The Sheridan Street DTO would then convert the powder cocaine to crack, which would be sold on the open-air drug markets respectively controlled by the Roldan and Ramos groups, or to other drug distributors, who supplied other drug traffickers or sets in and beyond the city of Camden. The Rivera DTO would purchase Sheridan Street DTO crack made from the same cocaine it sold to the Roldan group. Rivera’s DTO crack customers included Rivera’s relatives, Angel “Jungo” Garcia and Angel Velez, who would redistribute the crack.
When Raymond Roland was unable to obtain powder cocaine from the Rivera DTO, he turned to other suppliers, such as Luis “Canelo” Diaz, who also supplied the Rivera DTO. Roldan worked closely with his cousin “Ant” Ramos. The two maintained regular contact and reached out to each other when attempting to locate sources of supply. Roldan was assisted in the day-to-day operation of his group by his sister, Daisy Roldan, and her son, Anthony “Boo Boo” Esprit, who facilitated meetings with suppliers and customers, transported narcotics and collected drug proceeds.
“Ant” Ramos was assisted by his brothers Giovanny “Gio” Ramos and Alexsio “Al” Ramos, who, along with Jimmy Mercado, “cooked” the crack and processed the powder cocaine, crack cocaine and heroin for sale. Intercepted telephone conversations captured the coordination among the Ramos group members as they discussed materials including ammonia, sandwich bags, masks and grinders.
The Roldan and Ramos groups shared set workers, such as Christian Setzer and Graciano “Rocky” Diaz, who made walk-up sales on Sheridan Street.
Calls were intercepted between Sheridan Street DTO members referring to being armed with guns and having a “strap” or gun on their person. One DTO member stated, “at the end of the day, I’m shooting.” One DTO member stated in an intercepted conversation that he had just come from the gun range.
The defendants involved with the Rivera DTO each are charged with one count of conspiracy to distribute and to possess with intent to distribute 280 grams or more of crack and 5 kilograms or more of cocaine; the members of the Sheridan Street DTO each are charged with one count of conspiracy to distribute 280 grams or more of crack; 500 grams or more of cocaine; and 100 grams or more of heroin. Raymond Roldan, Luis Diaz and Efraim Rivera each are charged with both counts. Each count carries a minimum potential penalty of 10 years in prison and a maximum potential penalty of life in prison and a $10 million fine.
U.S. Attorney Fishman credited special agents of the FBI’s Philadelphia Division and the South Jersey Violent Offender and Gang Task Force, under the direction of FBI Special Agent in Charge Hanko; the Camden County Prosecutor’s Office, under the direction of Prosecutor Faulk; and the Camden County Police Department – Metro, under the direction of Chief Scott Thomson, with the investigation – as well as the Camden County Sheriff’s Office, under the direction of Sheriff Charles Billingham; the New Jersey State Police, under the direction of Col. Rick Fuentes; and the Gloucester County Prosecutor’s Office, under the direction of Prosecutor Sean Dalton. He also thanked other members of C-4, the Philadelphia/Camden High Intensity Drug Trafficking Area program and the New Jersey Division of Criminal Justice for their roles in the case.
The government is represented by Special Assistant U.S. Attorney Ira M. Slovin of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
This case was developed through the work of C-4. Every federal, state and local law enforcement agency and prosecutor’s office responsible for combating drug trafficking, gang activity and violent crime in Camden has come together in one location to share intelligence, develop strategies and support the investigative and prosecutorial efforts of its partners. C-4 has merged the individual missions of the various law enforcement agencies into a single strategic attack on drug trafficking and drug-related violent crime. Such intense coordination greatly enhances the law enforcement community’s ability to correctly identify and successfully prosecute the most dangerous criminals in one of our nation’s most dangerous cities.
Name
Age
Residence
Alleged Role
33
Camden
Leader, Rivera DTO
Supplier,
Sheridan Street DTORaymond Roldan
38
Camden
Leader, Roldan group
Supplier, Rivera DTOJerome Anthony Ramos,
aka “Ant”28
Camden
Leader, Ramos group
Uncharged conspirator
Supplier, Rivera DTO
Luis Diaz,
aka “Canelo”42
Camden
Supplier, Rivera DTO
Supplier,
Sheridan Street DTORamon Diaz,
aka “Paluco”44
Camden
Facilitator,
Sheridan Street DTODaisy Roldan
36
Camden
Facilitator, Roldan group
Anthony Esprit,
aka “Boo Boo”18
Camden
Facilitator, Roldan group
Alexsio Ramos,
aka “Al”25
Camden
Facilitator, Ramos group
Giovanny Ramos,
aka “G”20
Camden
Facilitator, Ramos group
Jimmy Mercado,
aka “J.I.”26
Camden
Facilitator, Ramos group
Christian Setzer.
aka “Hitstick”33
Camden
Set Worker,
Roldan and Ramos groupsGraciano Diaz,
aka “Rocky”26
Camden
Set Worker,
Roldan and Ramos groupsAngel Garcia,
aka “Jungo”36
Camden
Customer/Redistributor,
Rivera DTOAli Alexander,
aka “Ali Al”35
Camden
Customer/Redistributor,
Rivera DTOAngel Velez
32
Camden
Customer/Redistributor,
Rivera DTODaniel Alston,
aka “Boo”33
Camden
Customer/Redistributor,
Rivera DTODymiere Demby
23
Camden
Customer/Redistributor,
Rivera DTOGiovanny Carrero
34
Camden
Customer/Redistributor,
Rivera DTODewayne Jackson
45
Camden
Customer/Redistributor,
Rivera DTOMark Washington,
aka “Burger”, aka “BG”27
Camden
Customer/Redistributor,
Ramos groupEric Rivera,
aka “E”27
Camden
Customer/Redistributor,
Ramos group14-156
Rivera DTO Complaints
Sheridan Street DTO Complaints
Rivera and Sheridan Street DTO Complaints Attachment BEnglish Language School Owner Sentenced for Immigration FraudRead the Press Release
ATLANTA – Dong Seok Yi, the former head of College Prep Academy in Duluth, Ga., and a co-conspirator have been sentenced for bringing illegal aliens into the country and issuing them fraudulent immigration documents.
“This defendant’s fraud scheme exploited a federal program that offers valuable educational opportunities to foreign students, and he instead took advantage of this program for his own personal gain,” said United States Attorney Sally Quillian Yates. “It’s especially disappointing when someone victimizes a program like this that is designed to give foreign students a beneficial educational experience.”
“The Student and Visitor Exchange Program provides foreign students with a valuable opportunity to be educated in the United States,” said Brock D. Nicholson, special agent in charge of Homeland Security Investigations (HSI) in Atlanta. “By abusing the system to disguise workers as students, the defendant and his co-conspirators sought to enrich themselves and have damaged the educational experience of their legitimate students. HSI and our partners at the FBI will continue to work together to bring those who attempt to undermine the integrity of our immigration system to justice.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “These defendants took advantage of the generous student studies programs offered by the United States to instead engage in alien smuggling. This sentencing will afford these defendants the time and opportunity to reflect upon their criminal actions.”
According to United States Attorney Yates, the charges and other information presented in court: Dong Seok Yi was the President and CEO of an English language school named College Prep Academy (CPA). He also owns the Korean Times Atlanta, a newspaper company. In 2009, Yi filed an application with the U.S. Department of Homeland Security, Student and Exchange Visitor Program, and obtained approval for CPA to enroll foreign-born students and issue I-20 forms, which enable students to stay in the United States. Foreign-born students who are issued I-20s from universities and other institutions of higher education can get F-1 student visas permitting them to remain in the United States during the time of their schooling.
Once Yi obtained Student and Exchange Visitor Program certification for CPA, he and his co-defendants began facilitating the issuance of F-1 student visas to foreign-born individuals who were not entitled to, or eligible for, the visas. Yi conspired with Korean bar owners to enroll females into the school with the understanding that the females would not attend classes as required but would instead work in the bars, which are also known as room salons. CPA issued the females fraudulent I-20s that included false financial information.
Co-defendant Sook An Kil, a/k/a Stacy Kil, 42, of Duluth, Ga., who was the Academic Coordinator and Designated School Official for CPA, signed the I-20s under penalty of perjury. She also certified in the Student and Exchange Visitor Information System, a computerized system maintained by the Department of Homeland Security, that CPA’s “students” were active and attending class even though many never attended. Student and Exchange Visitor Information System records show that the school claimed enrollment of up to 100 students when less than half that number were attending class. Many simply began living and working in the country after obtaining a student visa from CPA.
Yi, 53, of Duluth, Ga., and co-defendant Chang Seon Song, 52, of Suwanee, Ga., the former Academic Director for CPA, referred individuals to another co-defendant, Sang Houn Kim a/k/a Chris Park, 54, of Diamond Bar, Calif., to obtain false documents to support their F-1 visa applications. Kim manufactured and provided fraudulent passports, I-94 forms, school transcripts, bank statements, family registries, and other false documents to illegal immigrants to use in support of applications for F-1 visas. Kim charged the aliens thousands of dollars for the fraudulent documents. Yi and CPA profited by charging thousands in quarterly tuition payments for maintaining the immigrant on the student rolls.
Yi was sentenced to one year, ninth months in prison. Kim was sentenced to one year in prison by United States District Judge Orinda D. Evans. Both defendants were sentenced to three years of supervised release. The Court also ordered the forfeiture of $36,867 from the bank accounts associated with the school, which were seized at the time of the defendants’ arrests and the execution of a federal search warrant at the school. On February 7, 2014, Yi was convicted of immigration document fraud after pleading guilty. On January 8, 2014, Kim was convicted of conspiring to commit immigration document fraud after pleading guilty.
Song and An Kil are scheduled to be sentenced by Judge Evans on July 1, 2014, at 3:00 p.m. Both have pleaded guilty to conspiring to commit immigration document fraud. In determining the sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Assistant United States Attorneys Stephen H. McClain, Susan Coppedge, and G. Jeffrey Viscomi are prosecuting the case.
This case is being investigated by Special Agents of the United States Department of Homeland Security, Homeland Security Investigations, and the Federal Bureau of Investigation.
Given the enforcement action against College Prep Academy’s owner, designated school official, and academic director, investigators have been working with the U.S. Department of State – Consular Affairs Section to provide legitimate and prospective students with information regarding their options for maintaining their F-1 status. Students were given the option of enrollment and transfer to another accredited educational program or returning to their home countries voluntarily.
For further information please contact the U.S. Attorney’s Public Information Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
El Paso Man Pleads Guilty to Production of Child PornographyRead the Press Release
In El Paso, 48-year-old Tomas Steven Quinones faces between 15 and 30 years in federal prison after pleading guilty earlier today to one count of production of child pornography announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Dennis Ulrich.
On August 29, 2013, HSI agents executed a search warrant at the defendant’s residence and seized over 90 assorted computers, accessories and other miscellaneous items including laptop computers, desktop computers, computer hard drives, thumb drives, memory sticks, flash drives, CDs, DVDs and VHS tapes. During an on-site forensics examination of the seized items, authorities discovered hundreds of image files and video files which are indicative of child pornography. By pleading guilty, Quinones admitted to producing a video in December 2010 which contained child pornography. Specifically, Quinones admitted to knowingly persuading and enticing two minors to take part in sexually explicit conduct for the purpose of producing a video depiction of such conduct. Quinones is seen and heard throughout the video instructing the children on how to have sex.
Quinones remains in federal custody pending sentencing. No sentencing date has been scheduled.
Assistant United States Attorney Rifian Newaz is prosecuting this case on behalf of the Government.El Departamento de Justicia Resuelve una Queja de Discriminación Relacionada con Inmigración contra Master Klean JanitorialRead the Press Release
WASHINGTON - El Departamento de Justicia llegó a un acuerdo hoy con Master Klean Janitorial, una empresa con sede en Denver, en el cual se resuelven los reclamos de que la empresa cometió un patrón o práctica de peticiones discriminatorias para documentos basado en el estado de ciudadanía en violación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
La investigación del departamento se inició basada en una referencia del Servicio de Ciudadanía e Inmigración de los Estados Unidos. La investigación concluyó que Master Klean Janitorial sometió a los nuevos empleados que no eran ciudadanos estadounidenses, pero que contaban con autorización de trabajo, a exigencias ilegales de presentar documentos específicos emitidos por el Departamento de Seguridad Nacional para verificar su elegibilidad de empleo, mientras que a los ciudadanos estadounidenses se les permitía presentar los documentos de su elección. La provisión anti-discriminación de la INA prohíbe que los empleadores impongan cargas documentales adicionales a los empleados con autorización de trabajo durante el proceso de contratación y verificación de elegibilidad de empleo con base a su estado de ciudadanía u origen nacional. Esta práctica es comúnmente conocida como abuso de documento.
Conforme al acuerdo de resolución, Master Klean Janitorial pagará $75,000 en sanciones civiles a los Estados Unidos, participará en adiestramiento sobre la provision anti-discriminación de la INA, revisará sus políticas de verificación de elegibilidad de empleo, y estará sujeto a un período de monitoreo de sus prácticas de verificación de elegibilidad de empleo por un año.
"El Departamento de Justicia se compromete a eliminar obstáculos discriminatorios para aquellas personas con autorización de trabajo que no tienen ciudadanía estadounidense durante el proceso de verificación de elegibilidad de empleo," expresó la Sub-Procuradora General Interina para la División de Derechos Civiles, Jocelyn Samuels. "Estoy satisfecha que Master Klean Janitorial haya trabajado cooperativamente con el departamento para llegar a una solución amigable."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con Inmigración (OSC por sus siglas en inglés) es responsable de exigir el cumplimiento de la provisión anti-discriminación de la INA. La ley prohíbe, entre otras cosas, la discriminación con base al estado de ciudadanía y origen nacional en la contratación, despido o reclutamiento o referencia por comisión; abuso de documento; y represalias o intimidación. Para más información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración o para registrarse para un seminario de internet gratis, llame a la línea directa para trabajadores de la OSC al 1-800-255-7688 (1-800-237-2515, TTY para las personas con dificultades auditivas, llame a la línea directa para empleadores de la OSC al 1-800-255-8155 (1-800-237-2515, TTY) para las personas con dificultades auditivas, o visite el sitio web a www.justice.gov/crt/about/osc.
Los solicitantes o trabajadores que creen que han sido sometidos a requisitos documentales distintos o discriminación basada en su estado de cuidadanía, estado migratorio u origen nacional, en la contratación, despido, o reclutamiento o referencia, deben comunicarse con la línea directa para trabajadores indicada previamente para recibir ayuda.
East St. Louis Man Pleads Guilty to Armed Robbery, Gun ChargesRead the Press Release
Case Arose from Armed Robbery in Caseyville and Was One of Many Prosecuted by United States Attorney Wigginton’s Metro-East Armed Robbery Initiative
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced that Phillip W. Smith, 33, of East St. Louis, Illinois, pled guilty in federal district court in East St. Louis today to all three counts of an Indictment that charged Smith with “Hobbs Act Robbery” (which makes it a federal crime to obstruct, delay, or affect interstate commerce by robbery, or to commit an act of violence against a person in furtherance of such a robbery), possessing, brandishing, and discharging a firearm in furtherance of a federal crime of violence, and possession of ammunition by a felon.
Under the terms of a Plea Agreement filed with the Court, the Prosecution will recommend that Smith be sentenced to a term in federal prison of 300 months (25 years). Smith will also be subject to a term of supervised release of up to five years following his prison term, a fine of up to $250,000 for each count, and a $300 special assessment. Sentencing is set for August 26, 2014, at 9:00 a.m. in East St. Louis.
A Factual Stipulation filed with the Court states that Smith, after entering Ferguson Television and Satellite shop, in Caseyville, Illinois, on November 14, 2013, brandished a firearm and demanded money of “J.F.,” the proprietor of the shop. J.F. produced $42, which was property of the shop, which was engaged in interstate commerce. Smith fired the firearm at least nine times, and in doing so, caused J.F. to suffer twelve entry and exit wounds, which have left permanent scars.
Due to J.F.’s injuries suffered during the robbery, Ferguson Television and Satellite shop was forced to close for business for approximately two months – from November 14, 2013, through approximately January 15, 2014 – resulting in loss of business income for Ferguson Television and Satellite shop.
Smith was previously convicted of a federal felony on or about October 27, 2003 – Possession of a Firearm by a Felon.
Despite an intensive search by multiple police departments, the firearm used in this case was not recovered, but the nine spent rounds of 9mm ammunition were. That ammunition had been manufactured outside the state of Illinois and is the basis for the charge of Possession of Ammunition by a Felon.
United States Attorney Wigginton praised the swift and cooperative efforts of many Metro-East law enforcement agencies, as part of the Metro-East Armed Robbery Initiative, including members of the Caseyville Police Department, the Belleville Police Department, the Collinsville Police Department, the Brooklyn Police Department, the St. Clair County Sheriff’s Department, the Illinois State Police and the Federal Bureau of Investigation for their rapid response in this case. “Without this selfless and cooperative effort, this case may not have been solved. It is gratifying to see the outpouring of support that the brave men and women of law enforcement give in order to protect all of us in Southern Illinois.” he noted.
The case is being prosecuted by United States Attorney Stephen R. Wigginton and Assistant U.S. Attorney Stephen B. Clark.
Drug Traffickers Sentenced in Federal CourtRead the Press Release
The United States Attorney's Office announced that IRENE ALINA MICHELL and TYSHA LEANN MICHELL were sentenced for trafficking methamphetamine from Washington into Montana. IRENE ALINA MICHELL, age 33, of Great Falls, Montana, was sentenced to a term of 132 months imprisonment, five years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on May 1, 2014, before U.S. District Judge Brian M. Morris. On the same date, TYSHA LEANN MICHELL, age 35, of Great Falls, Montana, was sentenced to 60 months imprisonment, four years supervised release, and a special assessment of $100. The United States also forfeited cash proceeds and a vehicle used during the commission of the offense.
IRENE ALINA MICHELL and TYSHA LEANN MICHELL were sentenced in connection with their January 2013 guilty pleas to conspiracy to possess with the intent to distribute methamphetamine. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that Sylvia Martinez transported methamphetamine from Washington to Great Falls, Montana. On October 31, 2013, federal agents observed IRENE ALINA MICHELL and TYSHA LEANN MICHELL and others parked at a local hotel. Agents conducted surveillance and watched several members of the conspiracy distribute methamphetamine. After obtaining a federal warrant, authorities searched the hotel that IRENE MICHELL, TYSHA MICHELL, and others were using and discovered 297.4 grams of pure methamphetamine, as well as cash.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that IRENE ALINA MICHELL and TYSHA LEANN MICHELL will likely serve all of the time imposed by the court. In the federal system, prisoners have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This case was investigated by the Federal Bureau of Investigation, the United States Probation Office, and local law enforcement agencies.
District Woman Pleads Guilty to Manslaughter in Death of Her Infant SonDefendant Admits Drug Use, Also Pleads Guilty to Insurance FraudRead the Press Release
WASHINGTON – Tisheena Louise Brown, 33, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter in the death last year of her seven-week-old son, U.S. Attorney Ronald C. Machen Jr. announced.
In a related matter, Brown also pled guilty to a charge of second-degree insurance fraud. She entered both pleas in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for July 18, 2014.
According to a proffer of facts presented at the plea hearing, Brown has a history of prescription drug abuse, which began in 2007 or 2008. Her reported prescription drugs of choice were Percocet (Oxycodone) and Dilaudid (Hydromorphone), both of which are Schedule II controlled prescription drugs. She also used Promethazine (a non-controlled prescription drug).
Brown admitted frequenting local hospitals in an effort to unlawfully obtain drug prescriptions (including Oxycodone, Dilaudid, and Promethazine) while using fraudulent identifiers. She would also go to multiple hospitals, using her own name and obtaining prescriptions, which would then be filled and paid by Medicaid. While using her own name, Brown secured prescriptions for drugs without advising the doctor that she had obtained the same prescription on the same date for the same medicine from another doctor and hospital. When purchasing her drugs, she used Medicaid to pay for the drugs.
In a four-month period from September 2013 through December of 2013, Brown had over 1,700 pills prescribed to her from a variety of doctors.
On Sept. 17, 2013, Brown was at her home in the 2900 block of Akron Place SE. She reported that, around 10:30 p.m., her seven-week old son, Hakeem, was fussy and so she provided him Promethazine, a drug which had been prescribed for her. She provided the infant with this drug even though the label warned that it was not to be administered to children under the age of two. Sometime after 2 a.m., Brown looked over at her son and noticed that he was “blue and wasn’t breathing.” She then called 911. The District of Columbia Fire and Emergency Medical Services Department arrived at her home, where they found the infant unconscious and not breathing. Hakeem was taken by ambulance to a hospital, and pronounced dead at about 3:20 a.m. Brown initially told police the only thing she gave her son was an “over the counter” gas relief medication, which was not true.
On Sept. 19, 2013, the District of Columbia’s Office of the Chief Medical Examiner conducted an autopsy. The cause of death was ruled a homicide and the manner of death was a lethal dose of Promethazine. In October 2013, the D.C. Office of the Chief Medical Examiner’s Forensic Toxicology Unit determined that the autopsy drug screen was positive for Promethazine. Promethazine, commonly referred to by the brand name Phenergan, is a non-controlled prescription medication which is prescribed for allergy, motion sickness, nausea, vomiting, nighttime sedation, pain relief following surgery, and to help certain narcotic pain relievers work better. It is prescribed with the warning that it should not be used in children younger than two years old because it may cause serious (possibly fatal) slow/shallow breathing.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department, as well as an agent from the FBI who assisted with investigation of the insurance fraud. He also expressed appreciation to the District of Columbia Office of the Medical Examiner and the District of Columbia Department of Forensic Sciences for assistance in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon, Victim/Witness Advocate Marcia Rinker, and Assistant U.S. Attorney Cynthia G. Wright, who is prosecuting the case.
14-106District Man Pleads Guilty to Federal and D.C. Charges for Shooting at Van Full of Police Officers in Northeast WashingtonDefendant Was on Supervised Release at Time of the ShootingRead the Press Release
WASHINGTON – Shawn Gray, 23, of Washington, D.C., pled guilty today to charges stemming from a shooting last year in which he fired at an unmarked van full of police officers in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Gray pled guilty to assault with a dangerous weapon, a District of Columbia offense, and possession of a firearm by a person convicted of a felony, a federal offense. He appeared before the Honorable Richard W. Roberts, Chief Judge of the U.S. District Court for the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a sentence of eight to 10 years in prison. Gray is to be sentenced July 25, 2014.
According to the government's factual proffer, on Jan. 26, 2013, at about 7:10 p.m., officers of the Metropolitan Police Department (MPD) were operating an unmarked burgundy minivan in the 1600 block of Montello Avenue NE. The officers were wearing casual clothing and operating as a unit in the robbery intervention program.
As the officers drove through the block, they spotted Gray and another individual acting suspiciously. After the officers drove around and re-entered the block, Gray suddenly fired multiple gunshots at the van. One bullet entered the van and passed between the four officers inside, and others apparently hit houses across the street.
Gray fled, but was soon found hiding underneath a parked vehicle in the rear of the alleyway from which he had fired. Seven spent shell casings were found on the ground. The gun itself was ultimately recovered from the ground near where the defendant was seized.
At the time of the shooting, Gray was on supervised release for a 2009 conviction in the Superior Court of the District of Columbia for carrying a pistol without a license.
In announcing the plea, U.S. Attorney Machen praised the work of the Metropolitan Police Department and the District of Columbia Department of Forensic Sciences. He also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Starla Stolk, Teesha Tobias, and Kim Hall, and Legal Assistant Jessica Moffatt. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Vincent Caputy, who indicted the case, and Stephen J. Gripkey, who handled the plea and is prosecuting the case.
14-105Cuyahoga Falls Man Faces Child Pornography ChargeRead the Press Release
Kenneth L. Durbin, a 73 year-old male from Cuyahoga Falls, Ohio, was charged with distributing a visual depiction of a minor engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The information charges that from on or about September 1, 2011, through on or about November 1, 2011, Durbin knowingly distributed in interstate and foreign commerce, by computer, a computer file which contained a visual depiction of a minor engaged in sexually explicit conduct.
If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Canton office of the Federal Bureau of Investigation.
An information 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.
Criminal Charges Not Warranted in FBI Agents´ Shooting of James DiMaggio Last AugustRead the Press Release
Agents helped rescue sixteen-year-old hostage from remote campsite near Morehead Lake
Based upon the information reviewed from the FBI Inspection Division Shooting Incident Inquiry, including the Autopsy Report and Post-Rescue Interview of the sixteen-year-old victim, and evidence gathered by the Valley County Sheriff’s Office, the United States Attorney’s Office for the District of Idaho, the Civil Rights Division of the United States Department of Justice, and the Valley County Prosecuting Attorney’s Office have determined that the shooting by FBI Hostage Rescue Team agents on August 10, 2013, near Cascade, Idaho, resulting in the death of James DiMaggio, does not warrant federal or state criminal prosecution.
The United States Attorney’s Office and the Civil Rights Division have concluded that the evidence is insufficient to support a determination that there was a violation of the federal criminal civil rights statutes and that a federal criminal investigation is unwarranted. The Valley County Prosecuting Attorney’s Office has determined that the FBI Hostage Rescue Team agents used reasonable force in defending themselves and/or another as relating to the death of Mr. DiMaggio.
In early August 2013, DiMaggio kidnapped a sixteen year-old- girl after killing members of her family in Boulevard, California. Pursuant to local tips on August 8 and 9, a law enforcement airplane located DiMaggio and his hostage on August 10 at a campsite near Morehead Lake, approximately forty miles from Cascade, Idaho.
Hostage Rescue Team agents were taken by helicopter and dropped within hiking distance of the campsite. They hiked to the campsite, tactically surrounded it, and began to close in through a wooded area to attempt to arrest the subject and rescue the hostage. The wooded area was steep, and the terrain difficult to negotiate. The airplane remained above the campsite and provided its observation of the activities of the subject and his hostage to the Hostage Rescue Team. Infrared video recorded from the airplane showed the arrest and rescue, including an overhead view of the action of the individuals involved and the heat from the shots that were fired.
Some of the Hostage Rescue Team agents moved in when it was reported that DiMaggio was separated from the hostage. When several agents got within approximately 100 yards of the subject, DiMaggio fired two rifle shots. Two agents, who could see DiMaggio and were directly within his firing line, believed DiMaggio was shooting toward them. The two agents returned fire, striking DiMaggio multiple times. A third agent found and safely removed the hostage.
Under federal law, in determining whether a law enforcement officer has willfully used more force than is necessary, prosecutors examine all of the facts and circumstances from the perspective of a reasonable law enforcement officer. Based on the consistent evidence gathered during the FBI’s shooting incident review and the Valley County Sheriff’s Office investigation, both the U.S. Attorney’s Office and the Civil Rights Division have concluded that it cannot be established beyond a reasonable doubt that either Hostage Rescue Team agent acted willfully, intending to violate the law, when they fired at DiMaggio. Accordingly, the U.S. Attorney’s Office and the Civil Rights Division decline to pursue any prosecution or further investigation of the agents.
Under Idaho State Law, force that a person may lawfully use in self-defense is limited by what a reasonable person in the same situation would believe to be necessary. A person may act in self-defense if a reasonable man, in the same situation, would be justified in believing himself in danger. As such, the Valley County Prosecutor’s Office declines to pursue any further prosecution or investigation of the agents.