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Monday 21 April 2014
Miami Resident Sentenced to 81 Months in IRS Fraudulent Refund SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Daniel C. Alexander, Chief, Boca Raton Police Department, announce today that Brandon James, of Miami, was sentenced by U.S. District Judge Daniel T.K. Hurley to 81 months in prison, followed by two years of supervised release. James was also ordered to pay restitution in the amount of $382,444, and a special assessment of $300.
According to court documents and statements made in court, James was involved in cashing out fraudulent federal income tax refunds that had been placed electronically onto debit cards. James and his co-conspirators, Laron Larkin, and Eric Fussell, attempted to defraud the IRS of more than $862,000 in fraudulent income tax refunds based on at least 121 stolen identities. The IRS paid approximately $382,484 on these refund requests.
James pled guilty earlier to conspiracy to steal government monies, in violation of Title 18, United States Code, Section 371 (Count 1), theft of government funds, in violation of Title 18, United States Code, Section 641 (Count 4), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A (Count 9).
Co-defendant Larkin was sentenced on October 7, 2013 to 36 months and one day in prison, to be followed by three years of supervised release. Larkin pled guilty to one count of conspiracy to steal monies of the United States, in violation of Title 18, United States Code, Section 641, the conspiracy being a violation of Title 18, United States Code, Section 371; and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
Mr. Ferrer commended the investigative efforts of IRS-CI, FBI, and the Boca Raton Police Department. The case is being prosecuted by Assistant U.S. Attorney Stephen Carlton.
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.
Methuen Woman Indicted for Offering to Perform Cosmetic InjectionsRead the Press Release
BOSTON – A Methuen woman was charged today in connection with offering buttock and lip augmentation injections in exchange for money.
Valentina Perez Tavarez, a/k/a Rossi Tavarez, 37, was indicted with receipt in interstate commerce of a misbranded cosmetic device and offered injection of that device for pay. Tavarez is scheduled for an initial appearance before U.S. District Magistrate Court Judge Judith G. Dein on April 29, 2014.
The Indictment alleges that between February and September 2011, Tavarez offered buttock and lip augmentation injections with a substance she referred to as “Metacor” and “Metacrill” in exchange for money. Tavarez referred to the substance as the “best stuff” that lasts “forever.” Tavarez offered to charge $700 per injection. The substance was a liquid contained in a bottle labeled “Estetical Plus 100% Natural.” The bottle bore a written description in Spanish that referred to its content as massage oil and provided directions for external skin application. The bottle did not provide any information or directions for using the substance for subcutaneous injections. The bottle had been shipped from Colombia via Federal Express. Tavarez was not a licensed physician or nurse.
If convicted, Tavarez faces a maximum sentence under the statute of one year in prison, one year of supervised release, and a $10,000 fine.
United States Attorney Carmen M. Ortiz; Mark Dragonetti, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston, made the announcement today. The case is being prosecuted by Maxim Grinberg of Ortiz’s Health Care Fraud Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Meridian Man Sentenced to Running Illegal Gambling OperationRead the Press Release
BOISE – Kings Daniel Santy, 44, of Meridian, Idaho, was sentenced today at the U.S. Courthouse in Boise for operating an illegal gambling business, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Santy to serve two years of probation, pay a $3000 fine, serve three months of home detention, and complete 100 hours of community service. Santy was also ordered to forfeit $16,262.87 in seized currency and at least $100,000 in cash proceeds. Santy pled guilty to one count of operating an illegal gambling business on February 3, 2014.
According to court proceedings, Santy admitted to continuously running two illegal gambling establishments over the past seven years. Federal search warrants were served in April of 2013 at the illegal gambling establishments, one located at 37 North Kings Street, Nampa, Idaho, and one located at 6655 West Victory Road, Boise, Idaho. Santy admitted that he began hosting poker games at the Boise location in 2006 and at the Nampa location in 2008. Santy advised law enforcement that he profited approximately $50,000 a year from his gambling business. The gambling establishments had generated numerous citizen complaints over the past several years, and in 2012, Boise police responded to the gambling establishment in Boise after an individual died of a drug overdose.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The task force is comprised of federal, state, and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sherriff’s Office, and the Idaho Department of Correction. The Metro Task Force was assisted by the Internal Revenue Service – Criminal Investigation.
Mercer County Man Pleads Guilty to Selling Prescription Pain PillsRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Jimmy Dale Wright, 56, of Rock, West Virginia, pled guilty in federal court in Bluefield to distributing hydromorphone, a powerful and addictive prescription pain medication. Wright admitted that in August of 2013, he sold pills to a person who was cooperating with law enforcement authorities. The drug deal took place on Pocosin Fork Road in Lashmeet, Mercer County, West Virginia.
Wright faces up to 20 years in prison and a $1,000,000 fine. Senior United States District Judge David A. Faber scheduled the sentencing for August 25, 2014.
The West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force conducted the investigation.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.
Mercer County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
BLUEFIELD, W.Va. – A 29-year old Mercer County man faces up to 20 years in prison after pleading guilty on Monday, April 21, 2014, to possession of child pornography, U.S. Attorney Booth Goodwin announced. Eric A. Hitt, of Princeton, West Virginia entered a guilty plea before Senior United States District Court Judge David A. Faber in Bluefield.
Hitt admitted that on July 16, 2013, he possessed pictures of prepubescent minors engaged in sexual acts. The images were located on his personal computer. The court scheduled sentencing for August 25, 2014 in Bluefield.
The West Virginia Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Marijuana Grower Caught in Sequoia National Forest SentencedRead the Press Release
FRESNO, Calif. — Juan Vicente Avalos-Castaneda, 20, of Perris, was sentenced today by United States District Judge Anthony W. Ishii to four and a half years in prison for manufacturing marijuana, United States Attorney Benjamin B. Wagner announced.
According to court documents, on August 18, 2013, Avalos-Castaneda was found near marijuana grow sites in the Bakeoven Pass area of the Sequoia National Forest. More than 5,000 marijuana plants were being grown at two related sites. Avalos-Castaneda attempted to run from the investigators and was captured by a trained dog. In 2012, Avalos-Castaneda was convicted of a state felony charge of manufacturing marijuana. Judge Ishii ordered Avalos-Castaneda to be turned over to United States immigration authorities for deportation following service of the prison term imposed in this case.
This case was the product of an investigation by the United States Forest Service and the Tulare County Sheriff’s Office. Assistant United States Attorney Kevin Rooney prosecuted the case.
Law School Graduate Pleads GuiltyTo Conspiring to Launder Drug MoneyRead the Press Release
KANSAS CITY, KAN. - A law school graduate who operated a non-profit business pleaded guilty Monday to conspiring to launder drug money, U.S. Attorney Barry Grissom said.
Mendy Read-Forbes, 39, Platte City, Mo., pleaded guilty to one count of conspiracy. In her plea, she admitted that in March 2012 she began meeting with an agent posing as a drug dealer. Read-Forbes, a law school graduate who was not licensed to practice law, operated Forbes & Newhard Credit Solutions, Inc., a nonprofit corporation registered in Missouri to provide educational and social welfare services.
The agent told Read-Forbes he had assets to conceal from the sale of marijuana. She boasted she could use her legal training and her connections with federal attorneys and law enforcement officers to help him launder the money. She told the agent she would launder his cash by running it through her business. She said a lot of her customers paid in cash. So it would not be suspicious for her to be doing transactions involving cash. The plan also involved her listing the agent as an employee of her business and putting him on her company’s board of directors. As part of the scheme, she created a fictitious company called Maximus Lawn Care LLC.
Over the course of the investigation she laundered a total of more than $200,000 in purported drug funds. She also agreed to invest $40,000 of her money with the agent for the purchase of marijuana.Sentencing is set for July 22. Both sides have agreed to recommend a sentence of no less than seven years and no more than 15 years.
Co-defendants are:
Grissom commended the Johnson County Sheriff’s Department, the Kansas Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service, the Department of Housing and Urban Development, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Ronald E. Partee, 67, Kansas City, Mo., who was sentenced to five years.
Laura Shoop, 47, Platte City, Mo., who is awaiting sentencing.Kanawha County Man Pleads Guilty to Possessing Child Pornography That He ProducedRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a 40-year-old Kanawha County man who possessed sexually explicit images of children, including images that he produced himself, pleaded guilty today. Stephen Wayne Laton, Jr., pleaded guilty in federal court in Charleston before United States District Judge John T. Copenhaver, Jr., to possession of child pornography. In February of 2013, Laton was caught possessing images and videos of child pornography, including sexually explicit pictures and video of a minor female relative that he had taken himself. Laton faces up to 20 years in prison when he is sentenced on August 6, 2014.
The Federal Bureau of Investigation and the West Virginia State Police conducted the investigation. Assistant United States Attorney Jennifer Rada is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
KC Man Pleads Guilty to Armed Bank RobberyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to the armed robbery of Bank of America nearly seven years ago.
Marlon Jaye Larry, 40, of Kansas City, pleaded guilty before U.S. District Judge Dean Whipple to the charges contained in a Feb. 4, 2008, federal indictment. Larry was a fugitive from justice until his arrest in Pennsylvania in March 2013.
By pleading guilty today, Larry admitted that he used a handgun to steal $38,938 from Bank of America, 10731 State Line Rd., Kansas City, on June 27, 2007. Larry, wearing a disguise, entered Bank of America just after 8 a.m. that day. According to court records, Larry ran up to the bank manager as he approached the outside front door of the bank. The manager tried to push Larry away, but Larry struck him in the head with a handgun. Larry then told the employees inside the bank to get on the floor and said, "You better not hit any alarms or I'll kill you all."
Larry brandished a loaded handgun at a teller window and ordered bank employees to get on the floor. He ordered the employees to open the bank’s cash vault, but they were unable to do so. The cash vault locked and could not be opened. Larry then ordered them to place money from their teller drawers into a black trash bag he had brought into the bank. Larry started to leave the bank and then came back and asked for car keys. One of the bank employees gave Larry the keys to his car.
Later that day, police officer searched the residence of a female acquaintance of Larry’s. They found a black plastic trash bag, which contained $28,609 stolen from Bank of America, in the garage. Police also found a Taurus 9mm handgun in a box next to the trash bag.
Larry pleaded guilty today to one count of armed bank robbery and one count of using a firearm in relation to a crime of violence.
Under federal statutes, Larry is subject to a sentence of up to 25 years in federal prison without parole, plus a fine up to $250,000, on the armed bank robbery conviction. Under the terms of today’s plea agreement, Larry will be sentenced to five years in federal prison without parole, to be served consecutively, on the firearm conviction. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the FBI and the Kansas City, Mo, Police Department.Justice Department Settles Immigration-Related Discrimination Claim against SK Food Group Inc.Read the Press Release
WASHINGTON – The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens.
The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food required work-authorized non-U.S. citizens to produce specific Department of Homeland Security documents to prove their work authority in connection with the company’s employment eligibility verification process, but did not make similar demands of U.S. citizens. Such discriminatory practices are prohibited under the anti-discrimination provision of the Immigration and Nationality Act (INA).Under the agreement, SK Food must pay $40,500 in civil penalties to the United States; identify and provide back pay to any individuals who suffered lost wages as a result of the company’s alleged discriminatory documentary practices; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.
“Employers cannot create discriminatory obstacles 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. “In this case, we commend the company for its full cooperation during the investigation and for its efforts to address and resolve the deficiencies in its employment eligibility verification process.”
“No one who is legally authorized to work in the United States should be denied that opportunity based on suspicion or stereotypes,” said U.S. Attorney Jenny A. Durkan for the Western District of Washington. “The agreement filed today ensures training for human resource workers and outreach to employees to promote and safeguard equal treatment for all new workers.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. This case was handled by OSC Trial Attorney Luz V. Lopez-Ortiz.
For more information about protections against employment discrimination under immigration laws, 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), sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected] or visit the website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status or national origin 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.Justice Department Settles Immigration-Related Discrimination Claim Against SK Food Group Inc.Read the Press Release
The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens.
The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food required work-authorized non-U.S. citizens to produce specific Department of Homeland Security documents to prove their work authority in connection with the company’s employment eligibility verification process, but did not make similar demands of U.S. citizens. Such discriminatory practices are prohibited under the anti-discrimination provision of the Immigration and Nationality Act (INA).
Under the agreement, SK Food must pay $40,500 in civil penalties to the United States; identify and provide back pay to any individuals who suffered lost wages as a result of the company’s alleged discriminatory documentary practices; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.
“Employers cannot create discriminatory obstacles 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. “In this case, we commend the company for its full cooperation during the investigation and for its efforts to address and resolve the deficiencies in its employment eligibility verification process.”
“No one who is legally authorized to work in the United States should be denied that opportunity based on suspicion or stereotypes,” said U.S. Attorney Jenny A. Durkan for the Western District of Washington. “The agreement filed today ensures training for human resource workers and outreach to employees to promote and safeguard equal treatment for all new workers.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. This case was handled by OSC Trial Attorney Luz V. Lopez-Ortiz.
For more information about protections against employment discrimination under immigration laws, 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), sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected] or visit the website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status or national origin 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.
Jefferson County Man Sentenced to in Excess of Thirteen Years in Federal Prison on Crack Cocaine ChargesRead the Press Release
Follow @SDILNewsA Jefferson County man was sentenced on April 17, 2014, to federal prison on crack cocaine charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Andre T. Davis, 27, of Mt. Vernon, Illinois, was sentenced to 162 months in prison, to be followed by four years of supervised release, and fined $200. The Court sentenced Davis as a Career Offender due to Davis’ previous criminal history. Davis had previously pleaded guilty to a federal indictment charging that on May 18, 2012, in Jefferson County, Illinois, Davis knowingly and intentionally distributed crack cocaine.
The investigation in this case was conducted by the Joint Narcotics Unit of the Mt. Vernon Police Department and the Jefferson County Sheriff’s Department.
The case is being handled by Assistant United States Attorney George Norwood.
Huntington Man Admits Possessing Heroin, Cocaine and Oxycodone for DistributionRead the Press Release
Charleston Man Caught with Pills, Heroin, Crack, Guns and Ammunition
Huntington, W.Va. – U. S. Attorney Booth Goodwin announced that Julian Tucker, 26, of Huntington, West Virginia plead guilty today in federal court in Huntington to possessing heroin, cocaine and oxycodone with the intent to distribute them. Tucker admitted that in January of 2014, while en route to Huntington with the illegal drugs, the cab in which he was travelling was stopped for speeding. When officers discovered the drugs, Tucker was arrested and admitted that he had purchased the drugs the day before in Florida for $40,000.
At today’s plea hearing, Tucker, who at the time of his arrest was on federal supervision for a bank robbery conviction, also admitted that traveling to Florida without permission and buying illegal drugs violated the terms of his supervised release.
Tucker, faces up to 20 years imprisonment, a $1,000,000.00 fine on the drug possession charge and an additional 2 years imprisonment for violating the terms of his supervised release. He is scheduled to be sentenced on July 28, 2014.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Huntington Felon Sentenced to Four Years for Illegal Possession of A FirearmRead the Press Release
Huntington, W.Va. – A Huntington felon was sentenced today in federal court to four years in prison after pleading guilty to a federal firearm possession charge, U.S. Attorney Booth Goodwin announced today. Jerry T. Kinney, 29, pleaded guilty in January of 2014 to possession of a firearm by a prohibited person. United States District Court Chief Judge Robert C. Chambers handed down the sentence
On September 5, 2013, Kinney illegally possessed a .45 caliber pistol near Huntington. After Kinney was involved in an altercation inside a Huntington bar, he retrieved the firearm and chased another bar patron down an alley, shooting several times. Nobody was injured as a result of the shooting.
Kinney was previously convicted of possession of a controlled substance in November of 2002 in Detroit, Michigan. Kinney also was previously convicted of possession of a firearm by a prohibited person in October of 2010 in the Circuit Court of Cabell County, West Virginia. He did not have his rights to possess a firearm restored.
The investigation was conducted by the Huntington Violent Crimes and Drug Task Force. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Hogsett Announces Another Conviction at Trial of Felon in PossessionRead the Press Release
U.S. Attorney maintains relentless pursuit of illegal possession of weapons throughout Indiana
INDIANAPOLIS- Joseph H. Hogsett, the United States Attorney, announced today the conviction of a New Jersey man on federal firearms charges. Dennis N. VanHouten, 28, Point Jervis, NJ, was convicted at a bench trial in front of U.S. District Judge William T. Lawrence for being a felon in possession of a firearm and for illegal possession of ammunition.
VanHouten was stopped by officers from the Brownsburg Interstate Crime Enforcement Team on Interstate 70 for a traffic violation. A computer check revealed that VanHouten was wanted on a violent sexual offender felony warrant out of Orange County, New York. Officers placed VanHouten under arrest and began a search of the vehicle.
Once inside the vehicle, officers located a green storage case that contained an SKS semi-automatic 7.62 x 39 caliber rifle. VanHouten is a convicted felon and may not legally possess a firearm. Officers also located a storage case with VanHouten’s name on it secured by four pad locks in the rear of his vehicle. The container was suspicious so the Indianapolis Metro Police Department (IMPD) Bomb Squad was summoned to insure the contents did not contain explosives. Officers and agents obtained a state warrant for the container and found 1900 rounds of ammunition for the rifle. Previously, VanHouten had been convicted of “criminal sex act 2” in Cayuga County, New York in 2011.
This prosecution comes as part of the U.S. Attorney’s Violent Crime Initiative (VCI), and is the result of a collaborative investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, Criminal Investigations Division, Indiana State Police, Brownsburg Police Department, IMPD and the Orange County, New York Probation Department.
Announced in March of 2011, the Violent Crime Initiative represents a district-wide strategy to work with local law enforcement and county prosecutors to combat drug traffickers and criminals that use and carry firearms in their illegal activities. The VCI has produced a dramatic increase in the number of gun-related charges brought federally. In the year preceding the initiative, there were just 14 defendants charged with federal gun crimes by the U.S. Attorney’s Office. In the nearly three years since, more than 314 defendants have been charged.
“Through our Violent Crime Initiative, and in working with our law enforcement partners here in Central Indiana, we’re sending a united message that illegally-armed felons will face the full force of federal law,” Hogsett added.
According to Assistant U.S. Attorney Gayle Helart, who is prosecuting the case for the government, VanHouten could face up to 10 years in federal prison and a $250,000.00 fine at sentencing. He remains in the custody of the United States Marshal’s Service. No sentencing date has been set.
Guilty Verdict Reached in Trial Against Bank RobberyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced the conviction today of Walter Butler, Jr., aged 45, of Gainesville, Georgia, of bank robbery. Orlando Brock, aged 43, of Hartwell, Georgia was found guilty of armed bank robbery and brandishing a firearm during a crime of violence. The guilty verdicts were handed down following a four day trial before the Honorable C. Ashley Royal, Chief United States District Court Judge, in Athens, Georgia.Evidence presented at trial showed that on Thursday, September 22, 2011, at approximately 2:40 pm, Allen Colbert, a/k/a “Juicy”, and Juan Vladimir Camp entered the North Georgia Credit Union in Lavonia, Ga. Both men carried firearms; one of them brandished a firearm. Both men wore gloves and covers over their heads. The pair forced the tellers to hand over approximately $310,000 and then sprayed them with pepper spray. After stealing the money, both Mr. Butler and Mr. Colbert left the scene in a truck driven by Mr. Butler. Orlando Brock planned the robbery, supplied the firearms and dropped Mr. Colbert and Mr. Camp off at the bank that day.
Mr. Colbert and Mr. Camp entered guilty pleas to their part in the robbery on March 20, 2013. The Court has set their sentencing hearing for May 27, 2014 in Athens, Georgia.Mr. Butler faces a maximum sentence of twenty (20) years imprisonment, a maximum fine of $250,000, or both. Mr. Brock, Mr. Colbert and Mr. Camp face a maximum sentence of twenty- five (25) years imprisonment, a maximum fine of $250,000 or both. Mr. Brock faces an additional minimum mandatory sentence of seven (7) years up to a maximum sentence of life, a maximum fine of $250,000 or both, on the firearm charges. The Court will set a sentencing date for Mr. Butler and Mr. Brock following the completion of a pre-sentence investigation and report.
“This case is a fine example of a cooperative investigation by the Federal, State and local authorities. These defendants face lengthy terms of imprisonment without parole as the result of their violent criminal activity,” stated U.S. Attorney Michael Moore.
“The GBI is committed to working with our local and federal law enforcement partners to insure those who commit crimes such as this are brought to justice,” said GBI Director Vernon Keenan.
The case was investigated by the Federal Bureau of Investigation, Georgia Bureau of Investigation, Franklin County Sheriff’s Office and Lavonia Police Department. Assistant United States Attorneys Graham Thorpe and Sonja Profit prosecuted the case for the Government.
Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
Grand Forks Man Sentenced for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 21, 2014, Ryan Ronald Mountain a.k.a. Ryan Ronald Edward Mountain 33, from Grand Forks, N.D. was sentenced before U.S. District Judge Ralph R. Erickson to serve 15 years in prison for possession of a firearm and ammunition by a convicted felon.
In Bismarck, United States Attorney Timothy Purdon said: “Convicted felons may not possess firearms and ammunition. Federal penalties for those who would ignore this law are especially severe for felons who have commit crimes of violence and serious drug crimes. The stiff sentence handed out in this case shows that the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and our federal, state, and local law enforcement partners are working together to vigorously enforce these laws.”
Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the indictment filed, Mountain was previously convicted of the following felonies: delivery of marijuana in Grand Forks County, N.D. (2001); possession of drug paraphernalia in Grand Forks County, N.D. (2005); terrorizing (two counts) in Grand Forks County, N.D. (2005); aggravated assault in Grand Forks County, N.D. (2005); and aggravated assault in Cass County, N.D. (2005).
Mountain was found in possession of the Hi-Point 9mm pistol and ammunition on July 26, 2013, when Grand Forks Police and the Grand Forks Narcotics Task Force searched a residence in Grand Forks and arrested him on an outstanding warrant from another case. Further investigation by the Grand Forks Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led to the filing of the Federal firearms charge in U.S. District Court.Judge Erickson sentenced Mountain to 15 years’ imprisonment, the mandatory minimum under Federal law, based upon his five prior felony convictions for either violent crimes or serious drug offenses. Mountain’s sentence of imprisonment will be followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms, Grand Forks Police Department, and Grand Forks Narcotics Task Force (which is comprised of officers from the Grand Forks Police Department, Grand Forks County Sheriff’s Office, North Dakota Bureau of Criminal Investigation, UND Police Department, Homeland Security Investigations, and U.S. Border Patrol), in conjunction with the Grand Forks County State’s Attorney’s Office.
Assistant U.S. Attorney Scott Schneider prosecuted the case.
Frank Zimmerman Pleads Guilty to Embezzlement from United States Department of LaborRead the Press Release
KNOXVILLE, Tenn. – On Apr. 17, 2014, Frank Zimmerman pleaded guilty in U.S. District Court to a one-count Information charging him with wilfully and knowingly embezzling over $1000 from the U.S. Department of Labor (“DOL”), in the form of overpayment of unemployment benefits.
Sentencing for Zimmerman has been set for Aug. 14, 2014, at 2:30 p.m., in U.S. District Court, Knoxville. He faces up to 10 years in prison, a fine of up to $250,000, a term of supervised release of up to three years, and a $100 special assessment. In addition to the criminal penalties, he faces a state determined one year ban from receiving unemployment benefits.
According to the plea agreement on file with the U.S. District Court, following an agency investigation, the Tennessee Department of Labor and Workforce Development (TDLWD) Division of Employment Security discovered and notified Zimmerman that he had been overpaid unemployment benefits of approximately $11,824.00, including approximately $2,399.00 in state benefits and approximately $9,425.00 in federal benefits. This overpayment was the result of Zimmerman’s failure to report earnings from approximately Apr. 25, 2010, to approximately Feb. 5, 2011. He received unemployment benefits for a total of 40 weeks before the fraud was uncovered. Zimmerman was required to report gross wages from working through a weekly certification process. He was required to follow certain policies and procedures, including becoming disqualified for benefits based on receiving earnings equal to or more than his weekly unemployment benefit amount.
In February 2010 Zimmerman filed an application and was approved for unemployment benefits from the TDLWD. Under TDLWD, he was entitled to receive 26 weeks of benefits based on funds that were paid to the state of Tennessee by his employer. After 26 weeks, if he continued to be eligible for unemployment benefits, extended benefits were available which were paid by the federal government to the state of Tennessee. Traditionally, these extended benefits were composed of only 50 percent federal funds; however, the American Recovery and Reinvestment Act of 2009 authorized 100 percent federal funding for extended employment benefits from Feb.17, 2009, through Dec. 31, 2013. Thus, 100 percent federal funds paid benefits authorized under that Act and during Zimmerman’s authorization period. Although administered by the TDLWD, a state agency, the funds remained federal property because the federal government retained control over the funds including the requirement that the beneficiary certify his or her continued eligibility for the benefits and report any income received during the period weekly.
Special Agents with the U.S. Department of Labor, Office of lnspector General interviewed Zimmerman in December 2012 where he voluntarily responded to their inquiries and signed a handwritten confession memorializing his unemployment fraud. Both special agents with DOL and TDLWD investigated this case. Assistant U.S. Attorney Brooklyn Sawyers is representing the United States.
Former UVA Dean Pleads Guilty to Child Pornography ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A Crozet, Va., man who was previously indicted on child pornography charges, pled guilty today in the United States District Court for the Western District of Virginia in Harrisonburg to three charges related to the trafficking of images depicting the sexual exploitation of minors.
Michael G. Morris, 50, of Crozet, Va., who used the screen name “Funshooter2006,” on a file-sharing program, was indicted in 2013, and pled guilty today, to two counts of distributing or receiving child pornography and one count of possessing child pornography. During the offenses charged, Morris was employed as an associate dean at the University of Virginia’s McIntyre School of Commerce.
“Mr. Morris traded explicit images of children engaged in sexual conduct in the dark corners of the internet,” United States Attorney Timothy J. Heaphy said today. “We must continue to fight child exploitation through a comprehensive approach of vigorous enforcement, community education and parent involvement. In a time of ever-expanding technological advances, we must all be vigilant in keep children safe online.”
“Morris’ plea today is a small consolation for what these children endure while being victimized. I am proud of the work that our agents along with the task force officer from the Charlottesville Police Department did in this case. The Richmond-based Child Exploitation Task Force will continue to marshal their resources and bring to justice those that would harm our children,” said Adam Lee, Special Agent in Charge of the FBI’s Richmond Division.
According to evidence presented during the plea hearing, a law enforcement officer, acting in an undercover capacity, successfully downloaded videos depicting minors engaged in sexually explicit conduct that Morris had made available to him on a publicly available file-sharing site on January 6, 2012, and March 19, 2013. Investigators recovered computers and other items that contained child pornography during a search of his home on November 6, 2013. While Morris’ preference was apparently adolescent females and older minors, his collection included pornographic images of prepubescent minors and images depicting bondage.
At sentencing, Morris faces a sentence of between five and twenty years in prison on the distribution and receipt charges and a sentence of up to 10 years in prison on count three.
The investigation of the case was conducted by the Federal Bureau of Investigation, Charlottesville Police Department, and the Department of Justice’s High Technology Investigative Unit. Assistant United States Attorney Nancy Healey and Herbrina Sanders, a Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, are prosecuting the case for the United States.
Former Pierce County Hard Money Lender Pleads Guilty to Mortgage Fraud SchemeRead the Press Release
A former hard money lender who resides in University Place, Washington pleaded guilty Friday to Conspiracy to Submit False Statements in Loan Applications and to Make False Statements to the Department of Housing and Urban Development, and Submitting False Statements in Loan Applications, announced U.S. Attorney Jenny A. Durkan. EMIEL A. KANDI, 37, was indicted last June for a mortgage scheme that caused a loss of more than $800,000 to the U.S. Department of Housing and Urban Development. Prosecutors agree to recommend a sentence of no more than 78 months in prison when KANDI is sentenced by U.S. District Judge Ronald B. Leighton on September 5, 2014. However, Judge Leighton is not bound by that recommendation and can impose any sentence allowed by law.
According to records in the case, between 2008 and 2009, KANDI submitted false information to obtain home mortgage loans. Some of these fraudulent home mortgageloans were designed to let KANDI cash out of properties that KANDI owned through his hard money lending. KANDI’s lending activities were typically secured by a borrower’s home and charged a high rate of interest. The hard money loans were structured, in some instances, to allow KANDI to seize control of a home if the borrower missed a single payment. Other fraudulent home mortgage loans included an inflated and often disguised commission payment to KANDI. In at least 19 loans, KANDI and his co-schemers submitted false information regarding the borrowers’ employment, salary, and intention to live in the home. Some of the loan paperwork included inflated appraisals so that KANDI could maximize the money he obtained in the scheme. The false statements were designed to make the loans appear legitimate and ensure that they would meet federal lending standards. Many of the loans were processed by Pierce Commercial Bank and were insured by the Federal Housing Administration (FHA), a unit within the federal Department of Housing and Urban Development (HUD).
False statements were made in loan applications for various properties in Western Washington, including properties in Pierce, King, and Clark County. Under the terms of the plea agreement, KANDI agrees to make restitution of $831,607 due to HUD. The court will decide whether he also owes an additional $169,358 to individual borrowers who KANDI represented as a mortgage broker.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
The case was investigated by the FBI and the Department of Housing and Urban Development, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Brian Werner and Special Assistant United States Attorney Hugo Torres. Mr. Torres is a King County Deputy Prosecutor specially funded by the Washington Department of Financial Institutions (DFI) to handle mortgage fraud cases in state and federal court.
Former Bank Employee in Neosho CountyPleads Guilty to Embezzling More Than $180,000Read the Press Release
WICHITA, KAN. - A former employee of a bank in Neosho County pleaded guilty Monday to embezzling more than $180,000 from the bank, U.S. Attorney Barry Grissom said.
Sherrie Landell, 42, Erie, Kan., pleaded guilty to one count of embezzlement by a bank employee. In her plea, she admitted that from September 2007 to May 2013 she embezzled from Exchange State Bank.
Landell worked in the bank’s branch in St. Paul, Kan. She was responsible for maintaining the bank’s general ledger account and an account designated for accounts receivable on certificates of deposit. Money she stole included interest due on certificates of deposit. She fraudulently altered the bank’s records to conceal the crime. The shortage was discovered during a bank regulatory exam and subsequent audit by an independent accounting firm in 2013.
Sentencing is set for July 14. She faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the U.S. Secret Service, the Federal Deposit Insurance Corporation and Assistant U.S. Attorney Aaron Smith for their work on the case.
Fairbanks Moose Hunter Sentenced for Federal ViolationRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that a Fairbanks resident was sentenced in United States Magistrate’s Court in Fairbanks, for charges stemming from his involvement in the illegal taking of a moose and the subsequent shipping of the moose antlers out of Alaska.
Leslie P. Zerbe, 67, of Fairbanks, Alaska, pled guilty to the charge of Interstate Transport of Unlawfully Taken and Possessed Wildlife, a misdemeanor violation of the Lacey Act. Sentence was entered the same day, requiring Zerbe pay a $10,000 fine. The court also ordered Zerbe not to hunt for a period of two years, and not to be with anyone who is hunting or to support or assist anyone hunting during that period.
According to the plea agreement, Zerbe and a friend from Michigan hunted and took a moose in the Ferry Trail Management Area of Game Management Unit 20A in 2009. Alaska law prohibits taking a moose in that area unless the antlers are at least 50 inches wide or, regardless of width, have at least four brow tines on one side. The moose taken by Zerbe and the Michigan hunter had antlers just over 42 inches wide with only three brow tines on each side, and was therefore illegal under state law. Zerbe was aware of the restriction. He acknowledged he had previously hunted in that area for several years and had a wilderness cabin less than two miles from the kill site. Because the kill violated state law, Zerbe violated federal law by shipping the antlers of the moose from Alaska to the friend in Michigan.
The investigation was initiated by the Alaska State Troopers in 2009, but later referred to the United States Fish and Wildlife Service due to the federal violations. Federal agents obtained the antlers and also located the kill site where they collected additional evidence conclusively linking the antlers to that site.
“The Fish and Wildlife Service is committed to protecting America’s wildlife resources. The sentence imposed by the court sends a message that such violations of wildlife law will be not be tolerated,” said Ryan Noel, the acting Special Agent in Charge of the United States Fish and Wildlife Law Enforcement Office for Alaska.
“Federal law enforcement works closely with state authorities to protect and preserve the wildlife resources of Alaska. The evidence in this case showed that the defendant violated federal law when he shipped the antlers of an under-sized and illegally hunted moose to Michigan,” said Kevin Feldis, Chief of the Criminal Division at the U.S. Attorney’s Office.
Ms. Loeffler commends the United States Fish and Wildlife Service, Office of Law Enforcement for their efforts in this case.
Essex County, N.J., Woman Sentenced to 79 Months in Prison for Fraud Scheme That Targeted Elderly IndividualsRead the Press Release
NEWARK, N.J. – An Essex County, N.J., woman was sentenced today to 79 months in prison for a credit card fraud and identity theft scheme in which she targeted elderly women, U.S. Attorney Paul J. Fishman announced.
Terrell Brunson, 40, of Newark, N.J., previously pleaded guilty before U.S. District Judge Anne. E. Thompson in Trenton federal court to an indictment charging her with access device fraud and aggravated identity theft. Brunson was sentenced to 51 months on the access device fraud count, followed by 24 consecutive months on the aggravated identity theft count and four consecutive months for violating her supervised release.
According to documents filed in this case and statements made in court:
From April 2012 through February 2013, Brunson engaged in an identity theft and credit card fraud scheme that specifically targeted elderly women. She searched through publicly available directories for telephone numbers of individuals who she believed, based upon their names, were elderly women. One name that Brunson commonly sought out was “Ruth.” Brunson called these individuals and pretended to be someone else, such as a representative from a credit card company. She then solicited personal information from these women (Social Security numbers and dates of birth) and then contacted credit card companies and used the information to add herself as an authorized user to the victims’ accounts or to create new accounts.On July 3, 2012, a woman identified as “Victim One” received a telephone call from Brunson, purporting to be a representative of MasterCard. Brunson inquired about an alleged $400 transaction that she claimed Victim One had made at a Wal-Mart store. Victim One informed Brunson that the Wal-Mart transaction was fraudulent and provided her Social Security number, date of birth, and mother’s maiden name. Brunson then used Victim One’s personal information to open two retail store credit card accounts and to access one of Victim One’s current credit card accounts. Brunson then used these accounts to make thousands of dollars’ worth of purchases online and in person at various stores and restaurants in New Jersey.
On Dec. 14, 2007, Brunson was arrested in a similar scheme and was and charged with access device fraud in federal court. While on pretrial release in connection with these charges, Brunson continued the scheme and fraudulently obtained additional identities and access to the credit card accounts of others. Brunson pleaded guilty to a two-count information and on April 2, 2009, U.S. District Judge Anne E. Thompson sentenced her to 39 months in prison, followed by three years of supervised release. Brunson committed the present offenses while on supervised release.
In addition to the prison term, Judge Thompson sentenced Brunson to three years of supervised release, entered a judgment of forfeiture in the amount of $10,894 and ordered Brunson to pay restitution of $7,069.
U.S. Attorney Fishman credit special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola, for the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the U.S. Attorney’s Office Criminal Division in Trenton.
13-135Defense counsel: Muhammad I. Bashir Esq., Elizabeth, N.J.
El Departamento De Justicia Llega a un Acuerdo sobre una Queja de Discriminación Relacionada a Inmigración contra SK Food Group Inc.Read the Press Release
WASHINGTON - El Departamento de Justicia llegó a un acuerdo hoy con SK Food Group Inc., una empresa con sede en Seattle, el cual resuelve los reclamos de que la empresa usó prácticas documentales discriminatorias cuando verificó la autorización de trabajo de personas sin ciudadanía estadounidense.
La investigación del departamento, la cual se inició basado en una remisión del Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS por sus siglas en inglés), encontró que SK Food requería que personas autorizadas a trabajar sin ciudadanía estadounidense produjeran documentos específicos emitidos por el Departamento de Seguridad Nacional para probar su autorización de trabajo en conexión con el proceso de verificación de elegibilidad de empleo de la compañía, pero no exigía lo mismo de los ciudadanos estadounidenses. Tales prácticas discriminatorias están prohibidas bajo de la provisión anti-discriminación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
Conforme al acuerdo de resolución, SK Food tiene que pagar $40,500 en sanciones civiles a los Estados Unidos, identificar y proveerles sueldos perdidos a cualquieres individuos quienes sufrieron una pérdida de sueldo debido a las prácticas discriminatorias supuestas de la compañía, y estar sujeta a supervisión de sus prácticas de verificación de elegibilidad de empleo por un año.
"Los empleadores no pueden crear 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 Asistente Interina del Procurador General de la División de Derechos Civiles, Jocelyn Samuels. "En este caso, nosotros elogiamos a la compañía por su cooperación completa durante esta investigación, y por sus esfuerzos para abordar y resolver sus deficiencias en el proceso de verificación de elegibilidad de empleo."
"Ninguna persona legalmente autorizada a trabajar en los Estados Unidos debe ser negada esa oportunidad basada en sospechas o estereotipos," expresó Fiscal Federal Jenny A. Durkan, del Distrito del Oeste de Washington. "El acuerdo sometido hoy asegura adiestramiento para trabajadores de recursos humanos y alcance comunitario para empleados para promover y proteger el tratamiento justo para todos los nuevos trabajadores."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC por sus siglas en inglés) es responsable de exigir el cumplimiento de la provisión anti-discriminación de la INA. Este asunto fue manejado por Abogada de la OSC, Luz V. López-Ortiz.
Para más información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración llame a la línea directa del empleado de la OSC al 1-800-255-7688 (1-800-237-2515, TTY para las personas con dificultades auditivos), llame a la línea directa de empleadores de la OSC al 1-800-255-8155 (1-800-237-2515, TTY para las personas con dificultades auditivos), regístrese para un seminario por internet gratis al www.justice.gov/crt/about/osc/webinars.php, mándenos un correo electrónico al [email protected] o visite el sitio web en www.justice.gov/crt/about/osc.
Los solicitantes o trabajadores que creen que han sido sometidos a requisitos documentales distintos basados en su ciudadanía, estatus de inmigración u origen nacional, ó a discriminación basada en su ciudadanía, estatus de inmigración u origen nacional en la contratación, despido, o reclutamiento o recomendación, deben comunicarse con la línea directa del empleado indicada arriba para recibir ayuda.
Drug Dealer Who Killed Customer in Self Defense Sentenced to More Than 12 Years in Prison for Drug ChargeRead the Press Release
FRESNO, Calif. — U.S. District Judge Anthony W. Ishii sentenced Fernando Figueroa, 39, of Fresno, to 12 years and seven months in prison for possession with intent to distribute methamphetamine, United States Attorney, Benjamin B. Wagner announced. Figueroa is a previously convicted felon.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department. It is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative that brings together federal, state and local law enforcement to combat gun and gang violence. United States Attorney Kimberly A. Sanchez is prosecuting the case.
According to court documents, on January 28, 2012, three men came to Figueroa's apartment to buy 1/8 ounce of methamphetamine. Figueroa claimed that, as he was preparing to provide the methamphetamine, two of the men began punching and kicking him. Figueroa pulled a gun from his waistband and fired it once, striking and killing one of the men.
When police searched Figueroa’s apartment, they found a Ruger, Model Security Six, .357-caliber revolver loaded with six rounds of Fiocchi .357-caliber ammunition in the apartment (not the gun used in the shooting), approximately 3.56 grams of methamphetamine, pay/owe sheets, and packaging material.
“This is another outstanding example of ATF and the Fresno Police Department working together to combat armed drug trafficking and violent gun crime in the City of Fresno,” said Bureau of Alcohol, Tobacco Firearms and Explosives Special Agent in Charge Joseph M. Riehl.
Department of Justice Announces University Tour by Administration Officials to Raise Awareness of Campus Sexual AssaultRead the Press Release
In recognition of the 20th anniversary of the Violence Against Women Act (VAWA), the Department of Justice today announced a nationwide university tour by top administration officials to raise awareness of campus sexual assault. From April 23-May 1, senior officials from the Departments of Justice and Education will visit campuses across the country, including public and private universities, community colleges, historically black colleges and faith-based and tribal-affiliated institutions around the nation. Officials will speak with campus administrators, local law enforcement, community partners, local service providers and students about how best practices and lessons learned are playing out in areas such as prevention, public awareness and peer support. Visits will also highlight the role that federal, state and local government, working with university administrators, faculty and students, should play.
The federal government is proud to partner with hundreds of campuses across our country to improve safety for students with comprehensive solutions to both prevent acts of violence and to support victim services,” said Bea Hanson, Principal Deputy Director of the Office on Violence Against Women. “The Campus Program is dedicated to building a future where domestic abuse, sexual assault, stalking and teen dating violence are eradicated.”
Each campus on the tour is a recipient of the department’s Office on Violence Against Women’s “Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence and Stalking on Campus Program.” The Campus Program funds institutions of higher education to adopt comprehensive responses to domestic violence, dating violence, sexual assault and stalking, creating partnerships among campus entities and with community-based victim services organizations and criminal and civil justice agencies. Campus Program grantees must provide prevention programs for all incoming students; train campus law enforcement or security staff; educate campus judicial or disciplinary boards on the unique dynamics of these crimes; and create a coordinated community response to enhance victim assistance and safety while holding offenders accountable.
Since 1999, OVW has funded approximately 400 campus-based projects, totaling more than $139 million, to address domestic violence, dating violence, sexual assault and stalking on campuses.
Logistical details will be released closer to the event date. The list of the campus visits is below:April 23, 2014
Associate Attorney General Tony West
North Carolina Central University (Durham, N.C.)Principal Deputy Director, Office on Violence Against Women, Bea Hanson
Director, Office of Community Oriented Policing Services, Ronald L. Davis
St. John’s University (Queens, N.Y.)April 24, 2014
Deputy Attorney General James M. Cole
Principal Deputy Director, Office on Violence Against Women, Bea Hanson
Senior Counselor to the Assistant Attorney General, Civil Rights Division, Becky L. Monroe
Gallaudet University (Washington, D.C.)Associate Attorney General Tony West
Loyola University (Chicago, Ill.)April 25, 2014
Associate Attorney General Tony West
United Tribes Technical College (Bismarck, N.D.)Acting Assistant Attorney General Jocelyn Samuels
University of Delaware (Newark, Del.)April 29, 2014
Associate Director, Office on Violence Against Women, Darlene Johnson
William Paterson University (Wayne, N.J.)April 30, 2014
Assistant Secretary, Office for Civil Rights, U.S. Department of Education, Catherine E. Lhamon
University of California Santa Barbara (Santa Barbara, Calif.)Principal Deputy Director, Office on Violence Against Women, Bea Hanson
State University of New York (SUNY) at Stony Brook (Stony Brook, N.Y.)Associate Director, Office on Violence Against Women, Darlene Johnson
Bergen Community College (Paramus, N.J.)May 1, 2014
Assistant Secretary, Office for Civil Rights, U.S. Department of Education, Catherine E. Lhamon
California State Polytechnic University, Pomona (Pomona, Calif.)To learn more about the campus tour, please follow #SafetyonCampus through social media channels.
Defendant Sentenced to Theft of Rocks from BLMRead the Press Release
BOISE – Brian Kirkpatrick, 46, of Nampa, Idaho, was sentenced today in the United States District Court in Boise to nine months in prison for Theft of Government Property, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also sentenced Kirkpatrick to serve three years of supervised release following his release from prison. Kirkpatrick’s nine month sentence is to be served concurrently with his sentence for a probation violation on a similar federal case from 2009, and concurrently with related state charges for which he has been incarcerated since August 13, 2013. Kirkpatrick pleaded guilty on February 4, 2014.
According to the plea agreement, between November 2012 and June 2013, Kirkpatrick stole more than 9,800 pounds of sandstone from BLM lands to sell commercially for use in landscaping projects. The value was approximately $1,472, which made Kirkpatrick’s crime a felony. Restitution was ordered in the amount of $1,472, as well as an unpaid balance on restitution for his probation violation in the amount of $145.98. A fine was also imposed in the amount of $500, as well as $350 still owing from his probation violation. He was also ordered to pay a $100 special assessment.
This case is the result of an investigation by criminal investigators of the Bureau of Land Management, United States Department of the Interior. Olson stated the following: “Protecting Idaho’s public lands is a priority for my office. Public lands are just that: they are there for the public to enjoy. This prosecution hopefully sends a strong message that my office will prosecute those who illegally exploit public lands for their own gain.”
Dallas Man Who Ran A Marijuana Distribution Conspiracy Is Sentenced to More Than 17 Years in Federal PrisonRead the Press Release
DALLAS — A Dallas man who pleaded guilty in July 2013 to his role as a leader of a marijuana distribution conspiracy operating in north Texas was sentenced this morning in federal court in Dallas. Sylvespa Eugene Adams, aka “Sylvesta Adams, Pa and Paw,” 31, was sentenced by U.S. District Judge Sam A. Lindsay to 210 months (17.5 years) in federal prison, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Adams will also be required to forfeit the proceeds of his criminal activity, which includes four houses in Dallas and seven luxury vehicles including a Bentley, Porsche and Mercedes.
Adams and 21 codefendants were charged in the drug conspiracy that was outlined in a federal indictment returned by a grand jury in Dallas in December 2012. More than half of the defendants were in custody following an operation in January 2013 conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service Criminal Investigation (IRS-CI); the Dallas High Intensity Drug Trafficking Areas (HIDTA); the Desoto, Dallas, Balch Springs, Arlington and Midlothian Police Departments; Dallas County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dallas County District Attorney’s Office.
During the course of this Organized Crime Drug Enforcement Task Force (OCDETF) operation, law enforcement executed federal and state search warrants that resulted in the seizure of approximately 25 pounds of hydroponic marijuana, more than 600 marijuana plants, 10 vehicles and five firearms. To date, 17 defendants have pleaded guilty to their role in the conspiracy. Fourteen of those defendants were sentenced to federal prison terms ranging from 7 months to 180 months. The remainder will be sentenced in the next few months.
Adams admitted that on several occasions during the conspiracy, which began in January 2010, he conspired with others to possess with the intent to distribute and to distribute 100 kilograms or more of marijuana. According to plea documents filed, couriers were sent to Tucson, Arizona, to pick up marijuana and transport it back to Dallas in checked suitcases on commercial airlines. Adams admitted the marijuana was stashed at his house and another house on Red Wing Drive in Dallas. One residence on Red Wing Drive was used to grow marijuana plants that would be harvested for distribution to customers.
Adams also admitted that during the conspiracy, he used Lions Entertainment L.L.C., Club Copa and various rental properties to conceal and disguise the nature, location, source, ownership and control of the drug proceeds by depositing them in a co-defendant’s bank account.
Assistant U.S. Attorney Phelesa Guy was in charge of the prosecution, and Assistant U.S. Attorney John de la Garza handled the forfeiture.
Columbus Man Pleads Guilty to Heroin and Pill Trafficking in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – A Columbus man caught with oxycodone and heroin during an August 2013 traffic stop was sentenced to two and half years in federal prison by Chief United States District Judge Robert C. Chambers, announced U.S. Attorney Booth Goodwin. Antoine Walker, 27, pleaded guilty in January of 2014 to conspiracy to distribute heroin and oxycodone.
In August of 2013, Walker’s vehicle was stopped by the Ohio Highway Patrol. During the traffic stop, police found approximately 300 grams of heroin and 498 oxycodone pills inside the car. Walker told police that he was en route to Huntington to deliver the drugs to an associate.
The Huntington Violent Crimes and Drug Task Force conducted the investigation. This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Cedar Rapids Man Sentenced in Federal Court for Drug ConspiracyRead the Press Release
A Cedar Rapids man who was the former owner of the Sound Shop, a Cedar Rapids business, was sentenced today to more than 3 years in federal prison.
Nels Nolan Nelson, 34, from Cedar Rapids, Iowa, received the prison term after a January 27, 2014, guilty plea to one count of conspiring to distribute and possession with intent to distribute marijuana.
At the guilty plea, Nelson admitted he conspired with other individuals to distribute marijuana and possessed marijuana with intent to distribute the drug.
Nelson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Nelson was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Nelson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by the federal Drug Enforcement Administration.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00006.
Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – A Martinsburg man has been sentenced to more than 15 years in prison for possession of a firearm, according to U.S. Attorney William J. Ihlenfeld, II.
Donnie COLLINS, age 29, of Martinsburg, was sentenced to 188 months in prison and five years of supervised release for “Felon in Possession of a Firearm.” COLLINS was determined to be an Armed Career Criminal due to his three prior felony drug convictions. He was sentenced by U.S. District Judge Gina M. Groh.
COLLINS was remanded to the custody of the United States Marshal pending designation to a Federal prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police.
In other matters before Judge Groh, David Lee FERGUSON, age 61, of Martinsburg, was sentenced to 30 months in prison and six years of supervised release and Ashley Lucille DIXSON, age 27, of Martinsburg, was sentenced to 27 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of a School.” FERGUSON and DIXSON were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Eastern Panhandle Drug & Violent Crime Task Force.
Carl CHANEY, age 60, of Springfield, West Virginia, was sentenced to 15 months in prison and three years of supervised release due to his conviction for “Felon in Possession of a Firearm.” CHANEY is free on bond and will self-report to the designated Federal prison.
Charles JONES, JR., age 47, of Romney, West Virginia, was sentenced to 10 months in prison and three years of supervised release for “Sale of a Firearm to a Known Felon.” JONES, who is free on bond, will self-report to prison.
The CHANEY and JONES cases were prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hampshire County Sheriff’s Office.
Alvin Lee STOLTZFUS, age 51, of Romney, West Virginia, was sentenced to five years of probation and ordered to make restitution in the amount of $15,817.50 for “Cutting and Removal of Timber from Public Lands.” This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the National Park Service.
Canadian Citizen Sentenced for Using Deceased Brother's IdentityRead the Press Release
WICHITA, KAN. – A Canadian citizen who was convicted on charges of using his deceased brother’s identity was sentenced Monday to four years in federal prison, U.S. Attorney Barry Grissom said. He also was ordered to pay restitution of $15,186 to a former business partner.
A jury found Leslie Lyle Camick, 58, a citizen of Canada, guilty on all charges including three counts of aggravated identity theft, one count of mail fraud, one count of wire fraud, one count of making a false statement to the U.S. Patent Office and one count of obstruction of justice.
During trial, prosecutors presented evidence that:
- Beginning in 1997 Camick used the identity of his deceased brother, Wayne Bradly Camick, who died as an infant in 1958.
- He used the stolen identity to unlawfully enter and remain in the United States for at least 10 years.
- He used the stolen identity to obtain a Canadian Social Insurance card and a driver’s license in the Cayman Islands.
- Using his brother’s identity, he signed documents for the purchase of real estate in Winfield, Kan., and documents to obtain a U.S. patent.
- He filed a federal civil rights lawsuit containing false allegations against a witness in Camick’s criminal case.
Brian Wyer Pleads Not Guilty to Identity TheftRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Brian Wyer, 39, a native of Ohio, pleaded not guilty today in United States District Court in Burlington to charges of identity theft. U.S. Magistrate Judge John M. Conroy ordered that Wyer be detained pending trial, which has not been scheduled.
Court records show that on June 26, 2013, a federal grand jury in Rutland returned a two-count indictment charging Wyer with identity theft. According to the indictment, in June 2012, Wyer came to Vermont and fraudulently obtained two non-driver's identification cards in the names of real persons who actually lived in Ohio and Kansas. Wyer allegedly then went to Massachusetts, opened bank accounts in the names of the individuals whose identities he had assumed, and defrauded a bank there of about $75,000. Since last summer, the United States Marshal's Service had been actively hunting for Wyer throughout the United States. Marshals eventually captured Wyer in Chicago last month.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Wyer faces up to 15 years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Vermont Department of Motor Vehicles.
Wyer is represented by Paul Volk. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Bay Area Man Pleads Guilty to Securities Fraud by Insider Trading in the Walt Disney Company’s Acquisition of Marvel Entertainment in August 2009Read the Press Release
LOS ANGELES – A San Francisco man who made approximately $192,000 in profits by purchasing Marvel Entertainment, Inc. stock options immediately prior to its acquisition by The Walt Disney Company in August 2009 pleaded guilty this morning to a federal securities fraud charge.
Toby G. Scammell, 29, pleaded guilty today to one count of securities fraud before United States District Judge S. James Otero.
According to a plea agreement filed in federal court, Scammell learned that Disney planned to acquire another company “that people would recognize right away” from his then-girlfriend, who was an extern at Disney in the summer of 2009 and who worked on the deal to acquire Marvel. Scammell later learned from a supervisor at his then-employer -- which had periodically provided corporate consulting services to Disney and had confidentiality obligations to Disney -- that Disney had previously been interested in acquiring Marvel. Scammell admitted that he learned the planned acquisition by Disney was estimated to close by Labor Day 2009, based on his observations of his girlfriend’s work schedule at Disney and their own travel plans at the time.
Scammell used the information that he learned from his girlfriend to acquire 659 call options to purchase Marvel stock for $5,465. He purchased more than half of the options in his brother's account. Scammell did not tell his girlfriend or his brother about the purchases of the Marvel call options.
Marvel’s stock rose approximately 25 percent after the deal with Disney was announced on August 31, 2009. After the acquisition was publicly disclosed by Disney, Scammell immediately sold his options, realizing more than $192,000 in profits. Scammell transferred $100,000 of the profits out of his brother's account to conceal the trading and profits from his brother.
As a result of the guilty plea, Scammell faces a maximum statutory sentence of 25 years in federal prison when he is sentenced by Judge Otero on July 28, 2014.
Today's guilty plea resolves a case filed in October 2013 when a federal grand jury returned an indictment that named Scammell.
Scammell was previously charged with securities fraud by the Securities and Exchange Commission in a civil lawsuit filed in August 2011. He was later ordered to disgorge his trading profits and pay civil penalties and interest totaling $800,985 in that case.
This case was investigated by the Federal Bureau of Investigation, which received assistance from the Securities and Exchange Commission.
Release No. 14-048
Bakersfield Men Enter Guilty Plea to Damaging Oilfield FacilitiesRead the Press Release
FRESNO, Calif. — Derek A. Brown, 33, and Bryan T. Schaub, 22, of Bakersfield, pleaded guilty today to conspiring to damage energy facilities, United States Attorney Benjamin B. Wagner announced.
According to court documents, Derek A. Brown and Bryan T. Schaub stole programmable logic controllers and other equipment from oil field facilities of Chevron, Occidental, Seneca Western Minerals Corporation, Aera Energy, and Berry Petroleum during 2011 and 2012. Programmable logic controllers are computers that control the opening and closing of valves in the oil fields. The theft of a programmable logic controller creates the risk of an oil spill or loss of production if not detected and remedied in time. The total loss of equipment by the oil companies exceeded $200,000.
This case is the product of an investigation by the Federal Bureau of Investigation and the Kern County Sheriff’s Department. Assistant United States Attorneys Duce Rice and Michael Tierney are prosecuting the case.
Brown and Schaub are scheduled to be sentenced by United States District Judge Anthony W. Ishii July 14, 2014. They face a maximum statutory penalty of five years in prison, restitution, and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Attorney General Holder: Justice Department Set to Expand Clemency Criteria, Will Prepare for Wave of Applications from Drug Offenders in Federal PrisonRead the Press Release
WASHINGTON—In an important step to reduce sentencing disparities for drug offenders in the federal prison system, Attorney General Eric Holder on Monday announced that the Justice Department will soon detail new, more expansive criteria that the department will use in considering when to recommend clemency applications for President Obama’s review.
In anticipation of the increase of eligible petitioners, the Justice Department is preparing to assign lawyers--with backgrounds in both prosecution and defense – to review the applications.
“The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness and proportionality for deserving individuals who do not pose a threat to public safety,” said Attorney General Holder in a video message posted on the department’s website. “The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences.”
Later this week, Deputy Attorney General James M. Cole is expected to announce more specific details about the expanded criteria the department will use and the logistical effort underway to ensure proper reviews of the anticipated wave of applications.
The complete text of Attorney General Holder’s video message is below:
“In 2010, President Obama signed the Fair Sentencing Act, reducing unfair disparities in sentences imposed on people for offenses involving different forms of cocaine.
“But there are still too many people in federal prison who were sentenced under the old regime – and who, as a result, will have to spend far more time in prison than they would if sentenced today for exactly the same crime.
“This is simply not right.
“Legislation pending in Congress would help address these types of cases. In the meantime, President Obama took a sensible step towards addressing this situation by granting commutations last December to eight men and women who had each served more than 15 years in prison for crack cocaine offenses. For two of these individuals, it was the first conviction they’d ever received – yet, due to mandatory minimum guidelines that were considered severe at the time, and are profoundly out of date today – they and four others received life sentences.
“These stories illustrate the vital role that the clemency process can play in America’s justice system.
“The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety. The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences.
“Later this week, the deputy attorney general will announce new criteria that the department will consider when recommending applications for the President’s review. This new and improved approach will make the criteria for clemency recommendation more expansive. This will allow the Department of Justice and the president to consider requests from a larger field of eligible individuals.
“Once these reforms go into effect, we expect to receive thousands of additional applications for clemency. And we at the Department of Justice will meet this need by assigning potentially dozens of lawyers – with backgrounds in both prosecution and defense – to review applications and provide the rigorous scrutiny that all clemency applications require.
“As a society, we pay much too high a price whenever our system fails to deliver the just outcomes necessary to deter and punish crime, to keep us safe, and to ensure that those who have paid their debts have a chance to become productive citizens.
“Our expanded clemency application process will aid in this effort. And it will advance the aims of our innovative new Smart on Crime initiative – to strengthen the criminal justice system, promote public safety and deliver on the promise of equal justice under law.”
The full video message is available at http://www.justice.gov/agwa.php.
Albuquerque Man Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Iben, 21, of Albuquerque, N.M., pleaded guilty this morning to federal child pornography charges. The guilty plea was entered without the benefit of a plea agreement.
Iben was arrested on Nov. 21, 2013, based on an FBI investigation that began in July 2013 and revealed that an IP address subscribed to Iben’s residential address was being used to share child pornography images. According to the criminal complaint, on Nov. 20, 2013, FBI agents executed a federal search warrant at Iben’s residence and seized computers and computer-related media. While the search warrant was being executed, Iben participated in a voluntary, recorded interview during which he admitted began sharing child pornography images years ago and last received or sent such images by email the week before. A subsequent forensic examination of a laptop computer taken from Iben’s residence revealed that it contains images consistent with child pornography.On Dec. 17, 2013, Iben was indicted and charged with two counts of receipt of child pornography; two counts of distribution of child pornography; and one count of possession of child pornography. The indictment alleged that Iben received child pornography on two occasions on April 29, 2013, and distributed child pornography on two occasions on Sept. 20, 2013. It also alleged that Iben possessed child pornography on Nov. 20, 2013, and that Iben committed all five offenses in Bernalillo County, N.M.
Today Iben entered guilty pleas to all five counts of the indictment.
Iben has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Iben faces a federal prison term of not less than five years and not more than 20 years. Iben also will be required to register as a sex offender.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory. It is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga 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/.Air Force NCO Pleads Guilty to Sexually Exploiting Toddlers and Children to Produce Child PornographyRead the Press Release
Greenbelt, Maryland –William S. Gazafi, age 44, of Lusby, Maryland, pleaded guilty today to six counts of sexually exploiting a minor to produce child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Brigadier General Kevin J. Jacobsen, Commander Air Force Office of Special Investigations.
According to the indictment, court documents and statements made at his plea hearing, on August 15, 2013, Gazafi engaged in a chat on a website dedicated to incest discussions with an undercover officer. During the chat, Gazafi discussed his sexual interest in children and advised that he had been drugging and molesting several children, including an infant. During the chat, Gazafi sent seven images to the undercover officer, three of which were child pornography he stated he produced after drugging the child. Gazafi was subsequently identified and arrested. At the time of his arrest, Gazafi was carrying multiple digital media items. A forensic examination of those items and others seized from his residence revealed videos and images that Gazafi produced of children engaged in sexually explicit conduct, including one child as young as five months old. The images also depict children bound and handcuffed while sleeping. Gazafi is a non-commissioned officer in the U.S. Air Force working at Andrews Air Force Base.
Gazafi faces a minimum mandatory sentence of 15 years in prison and a maximum of 30 years in prison on each of the six counts, followed by up to lifetime of supervised release. U.S. District Judge Roger W. Titus has scheduled sentencing for June 23, 2014, at 1:00 p.m. Gazafi remains detained.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Air Force Office of Special Investigations and the Calvert County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas of the U.S. Justice Department, Criminal Division, Child Exploitation and Obscenity Section and Assistant U.S. Attorney Thomas Sullivan, who are prosecuting the case.
Additional Indictments Returned by Federal Grand JuryRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced additional indictments that were recently returned by the Federal Grand Jury.
Ihlenfeld announced that Andrew W. BOLYARD, age 22, of Morgantown, West Virginia, and Ranad Jamal STRAUGHTER, of Westland, Michigan, were named in a two-count Indictment charging them each with “Conspiracy to Distribute Oxycodone” and “Possession with Intent to Distribute Oxycodone.” BOLYARD and STRAUGHTER face up to 20 years in prison on each of the charges. The U.S. Attorney’s Office is also seeking to forfeit $6,906 which was seized on March 17, 2014. This case will be prosecuted by Assistant U.S. Attorney Zelda E. Wesley, and was investigated by the Mon Valley Drug Task Force.
Kasey Thacker MCSHANN, age 38, of Hepizabah, West Virginia, was named in a one-count Indictment charging her with “Theft of Government Funds.” MCSHANN faces up to 10 years in prison for allegedly stealing death and indemnity compensation benefits from the Veterans Administration. This case will be prosecuted by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the Department of Veteran Affairs, Office of Inspector General.
Petrus HAWKINS, age 34, of Clarksburg, West Virginia, was named in a one-count Indictment charging him with “Felon in Possession of a Firearm.” HAWKINS faces up to 10 years in prison. This case will be prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Indictments are only accusations, and a defendant is presumed innocent unless and until proven guilty.
Friday 18 April 2014
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS before Magistrate Judge Christopher A. Nuechterlein:
Timothy Heckaman, 52, of Bremen, Indiana pled guilty to the felony offense of theft of government property . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Department of Labor.Sentencing has been set for 7/22/2014.This case is being prosecuted by Assistant United States Attorney Barbara Brook.
Frederick Dotson, 40, of Mishawaka, Indiana pled guilty to the felony offense of possessing a firearm in furtherance of a drug trafficking crime . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Drug Enforcement Agency.Sentencing has been set for 7/17/2014.This case is being prosecuted by Assistant United States Attorney Frank Shaffer.
Leroy Clark, 22, of South Bend, Indiana pled guilty to the felony offense of being a felon in possession of a firearm . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has been set for 7/24/2014.This case is being prosecuted by Assistant United States Attorney Jesse Barrett.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITION before Magistrate Judge Christopher A. Nuechterlein:
Ronald Simmons, 44, of Goshen, Indiana was sentenced to 1 year probation and ordered to pay a fine of $1000 after pleading guilty to the misdemeanor offense of taking, killing, or possessing migratory birds.According to documents filed in this case, in March 2012, Simmons illegally killed and took migratory birds native to the United States or its territories and protected under the Migratory Bird Treaty Act, specifically great horned owls and red tailed hawks.This case was the result of an investigation by the Department of Fish and Wildlife Services.This case was prosecuted by Assistant United States Attorney Donald Schmid.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS before United States Magistrate Judge Roger B. Cosbey:
Trevor Rodriguez, 23, of Fort Wayne, Indiana pled guilty to the felony offenses of knowingly selling a firearm to a convicted felon and aiding and abetting . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
Devonte Travier, 23, of Fort Wayne, Indiana pled guilty to the felony offense of aiding and abetting the use and carrying of a firearm during and in relation to a crime of violence . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Tina Nommay.
Travon Russell, 22, of Fort Wayne, Indiana pled guilty to the felony offense of being a convicted felon in possession of a firearm . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.
Deyante Stephens, 22, of Fort Wayne, Indiana pled guilty to the felony offense of aiding and abetting armed bank robbery . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the Northeast Indiana Federal Bank Robbery Task Force and the Fort Wayne Police Department.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Darwin Altamirano, 30, of Fort Wayne, Indiana pled guilty to the felony offense of being a misprision of a felony . The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigations Fort Wayne Safe Streets Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New Haven Police Department, Steuben County Sheriff's Department, Elkhart County Interdiction and Covert Enforcement Unit, South Bend Police Department and the IMAGE Drug Task Force.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITION before District Judge Theresa L. Springmann:
Whitney Sparkman, 26, of Warsaw, Indiana was sentenced to 2 years probation after pleading guilty to the felony offense of conspiracy to distribute a controlled substance.According to documents filed in this case, in July 2010, Sparkman was involved in the transport of marijuana from Arizona to the Northern District of Indiana for distribution.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Javier Madrigal, 36, of Wawaka, Indiana was sentenced to 262 months imprisonment, 5 years supervised release and to pay $22,729.38 in restitution after pleading guilty to the felony offense of distribution of methamphetamine.According to documents filed in this case, in 2013, Madrigal, a major drug trafficker, was involved in the distribution of more than 50 grams of methamphetamine.This case was the result of an investigation by the Drug Enforcement Agency, and the IMAGE Drug Task force, Indiana State Police, Bureau of Alcohol Tobacco Firearms and Explosives, Ligonier Police Department, the Fort Wayne Police Department and the FWPD Emergency Services Team.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Jasper Williams, 26, of Fort Wayne, Indiana was sentenced to 30 months imprisonment and 60 months imprisonment to be served consecutively, 3 years supervised release and to pay $280 in restitution after pleading guilty to the felony offense of knowingly or intentionally possessing with the intent to distribute a controlled substance and with knowingly carrying a firearm during and in relation to a drug trafficking crime.According to documents filed in this case, in April 2012, Williams sold crack and carried a Hi-Point, .40 caliber firearm while distributing the narcotic.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Beth Boger, 47, of Fort Wayne, Indiana was sentenced to 30 months imprisonment, 3 years supervised release and to pay $364,395 in restitution after pleading guilty to the felony offense of wire fraud and income tax evasion.According to documents filed in this case, in March 2006, Boger filed a false tax return greatly reducing her taxable income and tax due to the United States government.This case was the result of an investigation by the Internal Revenue Service.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Trent Moore, 44, of Fort Wayne, Indiana was sentenced to 188 months imprisonment with 8 years supervised release after pleading guilty to the felony offense of distribution of cocaine and crack.According to documents filed in this case, between February and June 2010, Moore sold more than 50 grams of crack.In April 2010, Moore also sold cocaine.This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Jonathan Aramburo, 26, of Warsaw, Indiana was sentenced to 157 months imprisonment with 4 years supervised release after pleading guilty to the felony offenses of carrying a firearm during and relation to a drug trafficking crime and conspiracy to distribute more than 100 kilograms of marijuana.According to documents filed in this case, from January 2010 until February 2011, Aramburo and others were involved in a conspiracy to distribute marijuana in the Northern District of Indiana.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kosciusko County Drug Task Force and the Whitley County Sheriff's Department.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Antonio Flores, 26, of Fort Wayne, Indiana was sentenced to 120 months imprisonment with 5 years supervised release after pleading guilty to the felony offense of conspiracy to distribute and possess with intent to distribute cocaine and marijuana.According to documents filed in this case, from January 2011 until March 2011, Flores along with several others, trafficked narcotics in the Fort Wayne area.This case was the result of an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Wayne Safe Streets Task Force, Indiana State Police, Fort Wayne Police Department, Allen County Police Department, Allen County Drug Task Force, New Haven Police Department, with assistance from GRIT and the Indianapolis Metro PD.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Week in Review - HammondRead the Press Release
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
INDICTMENTS:
Jeremiah Ellis, 28, and Ashley Patterson, 24, both of East Chicago, Indiana were charged with the bank robbery of the First Merchants Bank in East Chicago and with the use of a firearm during and in relation to a crime of violence.These charges were filed as the result of an investigation by the Federal Bureau of Investigation and the Chicago Police Department.This case has been assigned to and will be prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
DeCarlos Frazier, 30, of Chicago, Illinois, was charged with possession of a firearm by a convicted felon.This charge was filed as the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives HIDTA Task Force.This case has been assigned to and will be prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
Akeem Dillon, 28, of Chicago, Illinois, was charged with possession of a firearm by a convicted felon.This charge was filed as the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chicago Police Department.This case has been assigned to and will be prosecuted by Assistant United States Attorney Thomas McGrath.
William D. Cantrell, 59, of Valparaiso, Indiana, was charged with internet stalking.This charge was filed as the result of an investigation by the Federal Bureau of Investigation.This case has been assigned to and will be prosecuted by Assistant United States Attorney Susan Collins.
Nathan Huey-Dingle, 32, of South Bend, Indiana, was charged in a superseding indictment with additional counts of a Mann Act violation, sex trafficking by force, fraud or coercion and a Travel Act violation.These charges were filed as the result of an investigation by the Federal Bureau of Investigation.This case has been assigned to and will be prosecuted by Assistant United States Attorney Jill Koster.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
PLEAS:
Dajon Rowlett, 31, of Gary, Indiana, pled guilty before Senior District Judge Rudy Lozano to the felony offense of distribution of crack cocaine.This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case is being prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
Hudie Scott, 27, of Gary, Indiana, pled guilty before Senior District Judge Rudy Lozano to the felony offense of distribution of crack cocaine.This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case is being prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
Beaver Bernard Russell, 59, of Benton Harbor, Michigan, pled guilty before Senior District Judge Rudy Lozano to the felony offenses of the bank robbery of each of the following banks:Mutual Bank in South Bend, Indiana, Fifth Third Bank in Munster, Indiana and M&I Bank in Pleasant Prairie, Wisconsin.These charges were filed as a result of an investigation by the Federal Bureau of Investigation.This case is being prosecuted by Assistant United States Attorneys David Nozick and Dean Lanter.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Cedric Payton, 39, of Indianapolis, Indiana, was sentenced by Senior District Judge Rudy Lozano to 37 months of imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon.Payton has a prior felony conviction for sexual misconduct with a minor and failure to register as a sex offender. This case was a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives HIDTA Task Force.This case was prosecuted by Assistant United States Attorney Nicholas Padilla.
Jeannie Bellar, 55, was sentenced by Senior District Judge Rudy Lozano to 1 day imprisonment, with time considered served, and 1 year of supervised release to include 8 months of home detention after pleading guilty to the felony offense of embezzlement from First Financial Bank.Bellar is also to pay a $4000 fine and she has already paid $17,000 in restitution. This case was a result of an investigation by the United States Secret Service.This case was prosecuted by Assistant United States Attorney Randall Stewart.
Washington Drug Trafficker Sentenced in Montana Federal CourtRead the Press Release
The United States Attorney's Office announced that SYLVIA MARTINEZ, aka SYLVIA LOPEZ, 31, of Kennewick, Washington, was sentenced to a term of 90 months imprisonment, four years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on April 17, 2014, before U.S. District Judge Brian M. Morris.
MARTINEZ was sentenced in connection with her January 22, 2013, guilty plea 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 MARTINEZ transported methamphetamine from Washington to Great Falls, Montana. On October 31, 2013, federal agents observed MARTINEZ 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 a hotel and discovered 297.4 grams of pure
The District Court sentenced MARTINEZ to 90 months of imprisonment, with four years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MARTINEZ does 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.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
This case was investigated by the Federal Bureau of Investigation, the United States Probation Office, and local law enforcement agencies.
Virginia Doctor Sentenced for Lying to Grand Jury About Medicare Fraud SchemeRead the Press Release
BOSTON – A Virginia podiatrist was sentenced yesterday for making false declarations to a grand jury about her participation in a Medicare fraud scheme.
U.S. District Court Judge Nathaniel M. Gorton sentenced Ilene Terrell, 65, of Fredericksburg, Va., to five months in prison, five months of home confinement, and two years of supervised release. He also ordered her to pay a $15,000 fine. In January 2014, Terrell pleaded guilty to four counts of making false declarations to a grand jury.
Terrell, a podiatrist, lied to the grand jury about her role in falsifying patient medical records to induce Medicare to pay for claims for Orthofix bone growth stimulator medical devices that did not meet Medicare’s payment guidelines. Bone growth stimulators are externally-worn medical devices that help regenerate bone cells and are used to assist the healing of broken bones. Medicare only pays for a bone growth stimulator, which costs approximately $4,000, if the medical supplier provides records demonstrating that fracture healing has ceased for three or more months.
On numerous occasions, Terrell prescribed a stimulator for a patient where the claim would not have met Medicare’s guidelines. When this occurred, the Orthofix territory manager, Terrell, and an employee at Terrell’s direction often falsified the patient’s medical records, making it appear as though the stimulator was not prescribed until three months had elapsed without healing, when in fact that was not true and Medicare should not have paid the claim. For instance, they deleted references in chart notes that the patient was using the stimulator and was healing, and they created new, fictitious notes at the end of the 90- day period stating that the bone was still broken and that a stimulator would be ordered. Terrell also created fictitious prescriptions and signed Medicare Certificates of Medical Necessity falsely stating that she had ordered the stimulator at the end of the 90-day window, when in fact the patient had received the device months previously. These medical records were altered solely to ensure that Medicare paid Orthofix for bone stimulator claims that did not satisfy the program’s payment rules.
On May 22, 2012, Terrell testified before the grand jury. She was asked several times if she was aware that patient records had been manipulated. Terrell lied, denying that she manipulated patient records or that she was even aware that anyone had done so. Terrell lied about other matters as well, including her communications with an Orthofix representative about the government’s investigation. Terrell discussed the government’s investigation at length with the Orthofix representative and instructed him “you and I have not talked.” She also threatened him, stating, “If you guys take me out you are never going to live to hear the end of it. If I roll on this, I am serious, heads are going to roll, heads are absolutely gonna roll.”
In the grand jury, Terrell was asked if she had recently spoken with the Orthofix representative. Terrell lied, stating that she only spoke with him briefly and that the representative stated that he did not know what the investigation was about.
Subsequent to her testimony, after learning that her practice administrator had provided truthful, damaging testimony to the grand jury, Terrell fired this employee after 23 years of service.
In addition to the Terrell sentence, the Orthofix investigation has to date resulted in a number of felony charges against employees and contractors of Orthofix, including the following:
- On Dec. 14, 2012, Orthofix was convicted of obstruction of a federal audit and paid approximately $42 million in criminal fines and civil payments, and was sentenced to probation for five years;
- On Jan. 22, 2013, Thomas Guerrieri, the former Orthofix Vice President of Sales, was sentenced to eight months in prison and was ordered to pay $50,000 in forfeiture and fines for paying kickbacks to health care professionals;
- On July 19, 2012, Michael Cobb, a physician’s assistant, was sentenced to six months in prison, six months home confinement and ordered to forfeit $10,000 and pay a $3,000 fine for accepting kickbacks from Orthofix;
- On Aug. 9, 2013, Hunter Rigsby, a former Orthofix Territory Manager, was sentenced to eight months in prison and ordered to pay $75,000 in criminal fines and forfeiture for committing Medicare fraud and paying kickbacks;
- On Jan. 31, 2013, Mitchell Salzman, a former Orthofix Regional Manager, was sentenced to three months of home confinement and one year of probation for committing perjury;
- On Jan. 9, 2013, Derrick Field, a former Orthofix Territory Manager, was sentenced to five months of home confinement as part of a two year probation sentence, in addition to paying $44,000 in forfeiture and fines for committing health care fraud;
- On Jan. 23, 2013, Michael McKay, a former Orthofix Territory Manager, was sentenced to three months home confinement, one year probation and paid $13,000 in forfeiture and fines for committing health care fraud;
- On Sept. 28, 2012, Brian Racey, a former Orthofix Territory Manager, was sentenced to one day in prison, six month of home confinement, two years of supervised release, and a $2,500 fine for committing health care fraud; and
- Michael Jenkins, a former Orthofix Territory Manager, has agreed to plead guilty to committing health care fraud.
United States Attorney Carmen M. Ortiz and Philip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of Inspector General, Office of Investigations, made the announcement. The case is being prosecuted by Assistant U.S. Attorneys David S. Schumacher and Miranda Hooker of Ortiz’s Health Care Fraud Unit.
Two Winter Garden Men Convicted at TrialRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that yesterday a federal jury found Linell Devon Lowe (22) and Latavis Deyonta Mackroy (20) guilty of conspiracy to commit a Hobbs Act robbery and the brandishing of a firearm during the commission of the robbery. Both men face a maximum penalty of 20 years’ imprisonment for the robbery, plus a mandatory minimum, consecutive sentence of 7 years, up to life in prison, on the firearm offense. A sentencing hearing is scheduled for July 28, 2014.
Lowe and Mackroy were indicted on December 11, 2013. A third person, who acted as lookout during the robbery, pleaded guilty on February 24, 2014.
According to the testimony and evidence presented at trial, on May 23, 2013, Lowe and Mackroy, armed with a firearm and a hammer, robbed the Value Pawn and Jewelry located at 2200 E. Semoran Boulevard, in Apopka, Florida. During the course of the robbery, they made death threats and intimidated two employees and a customer. Mackroy repeatedly hit a customer with a hammer, and then stole approximately 100 pieces of gold and diamond jewelry, while Lowe pointed a gun at the manager, and stole the cash from the registers.
This case was investigated by Federal Bureau of Investigation and the Apopka Police Department, with assistance from both the Winter Garden Police and Orlando Police Departments. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Two Jackson County Residents Charged with Methamphetamine ConspiracyRead the Press Release
Follow @SDILNewsOn April 8, 2014, Travis J. Sanders, 29, and April M. Elliot, 33, both of Pomona, were charged by superseding indictment with conspiracy to manufacture methamphetamine, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
The offense occurred between 2009 and December 2013, in Union and Jackson Counties. Elliot made her initial appearance in federal court on April 14, 2014. At an April 15, 2014, hearing, she was released on bond pending a June 16, 2014, jury trial. Sanders is scheduled to make his initial appearance in federal court on April 24, 2014.
The methamphetamine offense carries a penalty of up to 20 years’ imprisonment, to be followed by 3 years’ supervised release, and a fine of $1,000,000.
Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Union County Sheriff’s Office, Murphysboro Police Department and Drug Enforcement Administration. The Illinois State Police Methamphetamine Response Team and Union County State’s Attorney’s Office assisted in the investigation.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Turkish National Extradited from the Republic of Georgia Pleads Guilty to Computer Hacking and Credit Card Fraud ConspiracyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Alper Erdogan (35, a Turkish citizen residing in Baku, Azerbaijan) today pleaded guilty to conspiracy to commit computer hacking, conspiracy to commit credit card fraud, and two counts of aggravated identity theft. Erdogan faces a maximum penalty of 14 years in federal prison. A sentencing date has not yet been scheduled.
Erdogan was originally indicted in September 2012.
According to the plea agreement, in September 2010, the United States Secret Service (USSS) learned that the computer servers of a hotel in San Diego, California had been hacked and that malicious software had stored credit card magnetic track data, which was then remotely accessed and eventually used at retail stores throughout the United States. In a series of prosecutions related to United States v. Chad Warner, et al., the government prosecuted and secured convictions against 17 individuals who used the stolen credit card numbers in the United States.
As the investigation progressed, agents learned that the conspirators in the United States purchased the stolen credit card account numbers from Erdogan, who was then located in Azerbaijan, and made in excess of $1.2 million in fraudulent credit card charges in about nine months, between June 2010 and the execution of federal search warrants in March 2011. During the course of the charged conspiracies, Erdogan provided individuals throughout the United States with thousands of stolen and hacked credit card numbers and the personal information of Americans. In doing so, Erdogan entered into a conspiracy with hackers located in Eastern Europe and Central Asia. Erdogan perpetrated his offenses and communicated with his conspirators solely over the Internet, acting as a broker and providing the stolen and hacked information to individuals in the United States for the purpose of allowing them to commit fraud.
In February 2014, Erdogan was extradited from the Republic of Georgia, where he had travelled from Azerbaijan, to the United States to face the charges alleged in this case.
Dennis Ramos Martinez, Special Agent in Charge of the United States Secret Service, Orlando Field Office stated, “The Secret Service is committed to pursuing cybercrime cases. There is no doubt that our economic vitality and national security depend on cyber security. We are committed to these interests and will pursue cyber criminals regardless of where they may be physically located on the globe.”
This case was investigated by the United States Secret Service. The Justice Department’s Office of International Affairs provided assistance with the extradition. This case is being prosecuted by Assistant United States Attorney Daniel C. Irick.
Tulsa Man Pleads Guilty to Possessing Child PornographyRead the Press Release
TULSA, Okla. — A Tulsa man pleaded guilty in federal court Thursday for possession of child pornography, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma.
Mark McDonough, 33, of Tulsa, pleaded guilty before U.S. District Court Chief Judge Gregory K. Frizzell to one count of possession and attempted possession of child pornography.
According to documents filed in the case, on November 20, 2013, McDonough possessed child pornography depicting minors who had not obtained 12 years of age engaging in sexually explicit conduct. He admitted to downloading the images from the internet.
The statutory maximum penalty is 20 years imprisonment, and a fine of $250,000. Sentencing has been set for July 17, 2014.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Jeffrey Gallant on behalf of the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood and Internet safety education, visit www.usdoj.gov/psc.
Three Randolph County Residents Charged with Methamphetamine ConspiracyRead the Press Release
Follow @SDILNewsOn April 8, 2014, Allen W. Clover, Jr., 40, Carmen J. Clover, 40, and Jimmy L. Richeson, 51, all of Tilden, were charged by indictment with conspiracy to manufacture methamphetamine, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
The offense occurred between 2012 and March 2014, in Jackson, Randolph, and St. Clair Counties. Carmen Clover made her initial appearance in federal court on April 14, 2014. At her April 15, 2014, detention hearing, she was ordered held without bond pending a June 16, 2014, jury trial. Allen Clover had previously appeared in federal court and is on bond pending jury trial. Richeson has not yet made his initial appearance.
The methamphetamine offense carries a penalty of up to 20 years’ imprisonment, to be followed by 3 years’ supervised release, and a fine of $1,000,000.
Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The ongoing investigation is being conducted by the Randolph County Sheriff’s Office, Jackson County Sheriff’s Office, Tilden Police Department, and Drug Enforcement Administration.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Three Individuals Charged in Federal Court with Armed Bank RobberyRead the Press Release
United States Attorney James L. Santelle announced today that a federal criminal complaint was issued charging three individuals with the April 17, 2014 armed robbery of the BMO Harris Bank located on Appleton Avenue in Menomonee Falls, Wisconsin.
The criminal complaint charges Zachary M. Ellis (21), Christopher R. Jacko (21), and Lindsey E. Fischer (21), with one count of armed bank robbery, in violation of Title 18, United States Code, Sections 2113(a) and 2113(d), and one count of brandishing a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c).
According to the criminal complaint, Ms. Fischer was a bank employee. The complaint alleges that after robbing the bank at gunpoint, Mr. Ellis and Mr. Jacko fled in a white vehicle. Mr. Ellis and Mr. Jacko ultimately abandoned the vehicle following a chase by Menomonee Falls police. Law enforcement later located and arrested Mr. Ellis and Mr. Jacko.
Each of the defendants appeared in federal court this afternoon, and all three were detained pending trial.
The case is being investigated the Menomonee Falls Police Department and the Milwaukee Division of the Federal Bureau of Investigation (FBI). This case is being prosecuted by Assistant U.S. Attorney Margaret Honrath.
The public is cautioned that a criminal complaint is merely a formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.