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Thursday 27 March 2014
21 Alleged Heroin Traffickers Federally Charged in New JerseyRead the Press Release
Multiple Arrests Made in Coordinated Takedown
TRENTON, N.J. – The New Jersey U.S. Attorney’s Office has charged 21 members and suppliers of a large-scale drug trafficking organization allegedly responsible for distributing heroin and cocaine throughout New Jersey’s Monmouth and Ocean counties, U.S. Attorney Paul J. Fishman announced today.The alleged leaders of the conspiracy, Robert Britt, a/k/a “True,” 44; and Rufus Young, a/k/a “Equan,” a/k/a “E-Money,” a/k/a “Kintock,” 41, both of Asbury Park, N.J., were among the 19 defendants charged in a complaint unsealed today, 13 of whom were arrested this morningas part of a takedown coordinated by federal and local law enforcement authorities. Britt has been incarcerated in New Jersey in connection with New Jersey state offenses since April 2013.Three of those charged are fugitives and the remaining defendants were already in custody.
Thomas Shannon, a/k/a “Cuzzo,” 35, of Asbury Park – who is also charged in today’s complaint with Britt and Young – was arrested along with Anthony J. Brooks, 44, of San Bernardino, Calif., and Rashawn Ramos, 37, of Perth Amboy, N.J., March 20, 2014, on a separate complaint charging related offenses.
Each defendant (see attached chart) was charged with one count of conspiracy to distribute one kilogram or more of heroin. Those arrested today are scheduled to make their initial court appearances this afternoon before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court. Those arrested on March 20, 2014, have been in federal custody since their arrests and will appear before Judge Bongiovanni at a later date.
“This case highlights what has become all too clear: heroin is a serious problem that affects communities across New Jersey,” U.S. Attorney Fishman said. “Working with our state and local partners, federal law enforcement will continue to track the purveyors of this poison wherever they set up shop.”
“We are all aware that crimes like the ones alleged in these complaints pose a significant and increasing threat to the public health and safety of our communities,” FBI Newark Special Agent in Charge Aaron T. Ford said. “The arrests today signify the growing efforts of the FBI and our state and local partners, to combat these organizations and make our communities safe for all. Cooperation between dedicated groups of law enforcement partners is, and will continue to be, a critical factor for successfully defending threats that endanger our communities.”
According to the federal criminal complaints filed in Trenton federal court:
From February 2013 through March 2014, the defendants engaged in a drug distribution conspiracy to profit from the distribution of controlled substances – chiefly heroin – in Ocean and Monmouth counties. Through the authorized interception of cell phone calls, the use of confidential informants and other means, law enforcement learned Britt and Young were leaders of the drug trafficking organization (the Britt-Young DTO), responsible for identifying sources of heroin supply. Britt and Young also oversaw distributors and other conspirators, who sold, packaged and stored the drugs. Members used temporary prepaid phones, replacing them after a few weeks of use, and spoke in code to avoid detection by law enforcement. Britt continued to communicate with Young to oversee and participate in the conspiracy, including identifying new sources of supply, narcotics customers, and other unlawful opportunities for the Britt-Young DTO, even after he was incarcerated.
The Britt-Young DTO sold prepackaged bundles of heroin, containing approximately one-fifth of a gram, and “bricks,” which contained approximately one gram. Discussions about drug quality, consumer satisfaction, pricing and the nature of the drug distribution business were captured on calls recorded by law enforcement.
The Britt-Young DTO acquired heroin from various suppliers, including Shannon, who obtained narcotics from out of state suppliers and laundered the sale proceeds. Shannon received kilogram quantities of heroin and cocaine from Brooks and others, who shipped the drugs to him through the mail. The drug packages were sent to Ramos’ residence in New Jersey and he then contacted Shannon to retrieve the packages. Shannon then took the narcotics to stash houses he controlled in Asbury Park and Long Branch, N.J. Shannon deposited cash from his narcotics sales into various third-party “straw” bank accounts and Brooks and other conspirators withdrew the funds at bank locations in California.
On March 20, 2014, law enforcement executed search warrants at Shannon’s stash houses and seized more than one kilogram of heroin, a half-kilogram of cocaine, 30 grams of crack cocaine, and various narcotics-related paraphernalia, including grinders, empty baggies, scales and other items used to package and prepare heroin and cocaine for distribution, as well as three firearms.
“Heroin continues a major contributing factor in much of the crime in Brick Township,” Brick Township Police Chief Nils R. Bergquist Jr. said. “We recognize the people who distribute heroin don’t recognize borders and often come from places other than Brick. Our ability to partner with the FBI and Safe Streets Task Force has allowed us to interrupt a significant source of heroin coming into Brick Township. This investigation should serve as a model of how federal, state and local agencies should come together.”
“In our local fight against narcotics we are pleased to have an excellent working relationship with the FBI as well as the New Jersey U.S. Attorney’s Office,” Toms River Police Chief Mitchell Little said. “The effort to rid society of drugs cannot be fought on a single front, and this cooperative effort goes to show how effective law enforcement agencies can be when we use a team approach.”
The conspiracy count with which each defendant is charged carries a minimum potential penalty of 10 years in prison, a maximum of life in prison, and a $10 million fine.
The conspiracy count in the earlier complaint with which Shannon, Ramos and Brooks are charged, and the possession of controlled substances count with which Shannon is charged, also carry a minimum potential penalty of five years in prison, a maximum of 40 years in prison, and a $5 million fine. Shannon and Brooks are also charged in a money laundering conspiracy count that carries a potential penalty of up to 20 years in prison and $500,000 fine.
“Our undercover narcotic operations beyond the borders of Ocean County and the solid interagency partnerships we have developed are beginning to yield substantial success in stemming the flow of illegal narcotics into Ocean County,” Joseph D. Coronato, Ocean County Prosecutor, said. “This type of multiagency operation, striking at the top level distribution leadership, is the most significant way to address the ever increasing heroin epidemic threatening our families in this county, state and nation.”
“These defendants are responsible for delivering the heroin that has been killing people in record numbers,” Acting Monmouth County Prosecutor Christopher J. Gramiccioni said. “They were profiting off the addiction of heroin by supplying cheap and easy access to anybody with a few bucks in their pocket.”
U.S. Attorney Fishman credited special agents of the FBI, Red Bank Resident Office, under the direction of Special Agent in Charge Ford; officers of the Brick Township Police Department, under the direction of Chief Bergquist: and officers of the Toms River Police Department, under the direction of Chief Little, with the investigation. He additionally credited special agents of the Bureau of Alcohol Tobacco Firearms and Explosives, under the direction of Acting Special Agent in Charge George Belsky; inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates; officers of the Monmouth County Prosecutor’s Office, under the direction of acting Prosecutor Gramiccioni; and officers of the Ocean County Prosecutor’s Office, under the direction of Prosecutor Coronato. He also thanked the Monmouth County Sheriff’s Office and the Neptune Township, Asbury Park, Marlboro, Long Branch and Freehold police departments for their roles in the case.
The government is represented by Assistant U.S. Attorney Nicholas Grippo of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
14-105
Defendant
Age
Residence
44
Asbury Park, N.J.
Rufus Young, a/k/a “Equan,” a/k/a “E-Money,” a/k/a “Kintock”
41
Asbury Park
Thomas Shannon, a/k/a “Cuzzo”
35
Asbury Park and Jersey City, N.J.
Jonathon Thomas, a/k/a “Life”
38
Neptune, N.J.
Antoine Harris
33
East Orange, N.J.
Tyshon Young, a/k/a “Young Boy,” a/k/a “Young Money”
28
Asbury Park
Jason O’Neal, a/k/a “Born”
41
Farmingdale, N.J.
Travis Whitfield, a/k/a “Trav”
29
Brick, N.J.
Jamar Johnson, a/k/a “Rep”
35
Lakewood, N.J.
Dawn Rosser
33
Lakewood
Valerie Resendes, a/k/a “Val”
26
Beachwood, N.J.
Melissa Piana
31
Toms River, N.J.
*Tyree Murray
26
Bayville, N.J.
Kenneth Greenhow, a/k/a “Fame”
40
Asbury Park
*Robert Ketcham
27
Bayville
Richard Durham
27
Brick
Kyle Adams
27
Barnegat, N.J.
Kareem Hayes, a/k/a “Bless”
33
Belmar, N.J.
*Matthew Miller, a/k/a “Star”
39
Neptune
Anthony Brooks
44
San Bernadino, Calif.
Rashawn Ramos
37
Perth Amboy, N.J.
*denotes fugitive
Britt-Young DTO Complaint
Shannon Complaint
Wednesday 26 March 2014
Wilkes-Barre Brothers Charged with Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a criminal information yesterday charging Thomas Ceprish, age 32, and his brother, Simon Ceprish, age 33, both of Wilkes-Barre, Pennsylvania, with distributing cocaine in Luzerne County between January 2008 and April 2013.
United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation; the Pennsylvania Attorney General’s Office; and the Luzerne County District Attorney’s Office. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is twenty years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
****West Chester Man Sentenced for Distribution of Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – Christopher A. McGlown Jr., 27, of West Chester, Ohio was sentenced in U.S. District Court to 60 months in prison for distributing child pornography through a peer to peer file sharing program.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI), and other agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the sentence handed down yesterday by Chief U.S. District Judge Susan Dlott.
McGlown pleaded guilty on November 20, 2012 to one count of distribution of child pornography. According to court documents, an FBI agent patrolling the internet in August 2012 downloaded two images and six videos containing child pornography from an IP address determined to be assigned to McGlown. Agents searched McGlown’s house in November 2012 and found file sharing software running on a laptop computer in McGlown’s bedroom. The system showed that the application had been actively running for approximately eight hours.
Further investigation confirmed that McGlown had a collection of more than 600 images of child pornography. His collection included numerous images or video files depicting children younger than 12 years old engaging in various sex acts, including acts considered sadistic or violent.
McGlown was also sentenced to 20 years of court supervision following his prison sentence. While under court supervision, Andriot must register as a sex offender anywhere that he lives, works or goes to school.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by the FBI and the Greater Cincinnati ICAC Task Force, and Assistant U.S. Attorney Christy Muncy, who prosecuted the case.
Agencies participating in the Greater Cincinnati ICAC include the FBI, Homeland Security Investigations (HSI), the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
# # #Watertown Man Charged with Mail FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man has been indicted by a federal grand jury for five counts of mail fraud.
Leon J. Brandriet, age 59, was indicted on March 4, 2014. He appeared before United States Magistrate Judge John E. Simko on March 13, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Brandriet is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Brandriet was released on bond pending trial. A trial date has not been set.
Washington, D.C. Man Pleads Guilty to Robbing Banks and Possessing Child PornographyRead the Press Release
Greenbelt, Maryland – Devontae West, age 26, of Washington, D.C., pleaded guilty today to possession of child pornography and conspiracy to commit bank robbery.
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 Chief Mark A. Magaw of the Prince George’s County Police Department.
According to his plea agreement, West and his co-conspirators stole vehicles to use during bank robberies, designated a co-conspirator to act as a getaway driver, wrote demand notes to present to bank tellers, used juveniles to enter the banks to demand money, used cell phones to maintain constant contact during the bank robberies and divided the proceeds of the bank robberies amongst themselves.
More specifically, on five occasions from March 20 to May 22, 2013, West and others, including juveniles, drove to the following bank branches where his conspirators stole a total of $14,598: SunTrust Bank in Clifton, District Heights and Forestville, Maryland; Capitol One Bank in Landover Hills, Maryland; and TD Bank in Washington, D.C. Also, on May 13, 2013 West and his conspirators drove to Capitol One Bank in Suitland, Maryland to rob the bank, but left without having obtained any money.
Additionally, on May 5, 2013 West had sex with a 15 year girl who he had directed to help him rob banks. West took eight pictures of the girl having sex with him. These pictures were on West’s cell phone when he was arrested.As part of his plea agreement, West must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
West and the government have agreed that if the Court accepts the plea agreement, West will be sentenced to 12 years in prison. Chief U.S. District Judge Deborah K. Chasanow has scheduled sentencing for June 16, 2014.
Co-conspirator Calvin Manning also pleaded guilty today to bank robbery. Manning admitted to robbing the Sun Trust Bank in District Heights on March 25, 2013, which is one of the bank robberies in which West participated. Manning faces a maximum sentence of 20 years in prison at his sentencing scheduled by Chief Judge Chasanow on June 2, 2014.
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 and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas and Assistant U.S. Attorney Thomas Sullivan, who are prosecuting the case.
Wakpala Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Fabian Rodriguez, age 22, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 21, 2014 and March 8, 2014, Rodriguez knowingly engaged in and attempted to engage in sexual acts with two underage victims, who had not attained the age of 16 years old.
The charges are merely accusations and Rodriguez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rodriguez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Unanimous Supreme Court Rules for the United States in Criminal Firearms Case from West TennesseeRead the Press Release
Memphis, TN – Today, the United States Supreme Court handed the United States a unanimous victory in United States v. Castleman, a federal criminal case originating in the Western District of Tennessee, announced U.S. Attorney Edward L. Stanton III.
U.S. Attorney Stanton said, “We are extremely pleased with the Court’s decision. Castleman clarifies the law nationally and restores an important tool in the government’s toolbox. In particular, this decision means that federal prosecutors can continue to seek justice against – and protect victims from – those domestic abusers who arm themselves with firearms, not just in Tennessee but across the nation.”
Procedural history
In 2001, James Castleman was convicted of misdemeanor domestic assault in state court in Carroll County, Tennessee. The state indictment alleged that Castleman intentionally or knowingly caused bodily injury to the mother of his child.
In 2008, law enforcement agents discovered that Castleman and his wife were buying firearms from dealers and selling them on the black market. In August 2009, a federal grand jury in Memphis charged Castleman with two counts of possessing a firearm after having been convicted of a “misdemeanor crime of domestic violence,” in violation of 18 U.S.C. § 922(g)(9).
The district court granted the defendant’s motion to dismiss these federal charges in April 2010, on the basis that defendant’s prior Tennessee domestic assault conviction was not a “misdemeanor crime of domestic violence,” as that term is defined in federal law.
The United States appealed, and in September 2012 the U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s ruling, with each Judge of the divided three-member panel writing separately. The government sought rehearing by the en banc Court of Appeals, but the court declined to reconsider its decision.
In May 2013, the United States filed a petition for a writ of certiorari from the Supreme Court. The Court granted that petition on October 1, 2013. The question presented before the Supreme Court was whether Castleman’s Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a “misdemeanor crime of domestic violence” under federal law.
The Court’s decision
All nine Justices agreed that a Tennessee conviction for intentionally causing bodily injury to a family member constitutes a “misdemeanor crime of domestic violence” that triggers the firearms prohibition in § 922(g)(9). Thus, all Justices agreed that the Sixth Circuit’s opinion holding otherwise should be reversed.
In the lead opinion, written by Justice Sotomayor and joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, and Kagan, the Court held that the firearms prohibition for those convicted of a “misdemeanor crime of domestic violence” applies to those previously convicted of intentional domestic assault in Tennessee, as well as those convicted nationwide of similar statutes involving “the degree of force that supports a common-law battery conviction.” In part, this is because “‘[d]omestic violence’ is not merely a type of ‘violence’; it is a term of art encompassing acts that one might not characterize as ‘violent’ in a nondomestic context.”
The Court also noted that domestic abuse escalates in severity over time and that many perpetrators of domestic violence are convicted only of misdemeanors, not felonies.
Justice Scalia wrote an opinion concurring in part and concurring in the judgment. Justices Alito and Thomas concurred in the judgment.
The Court remanded Castleman’s case for further proceedings. The government’s prosecution of Castleman in the Western District of Tennessee can now proceed.
Assistant U.S. Attorney Daniel French and Criminal Appellate Chief Kevin G. Ritz represented the United States during the proceedings in the lower courts, and they, along with U.S. Attorney Stanton, attended the oral argument at the Supreme Court in January. The Office of the Solicitor General represented the government in the Supreme Court. Assistant to the Solicitor General Melissa Arbus Sherry argued the case for the United States.U.S. Attorney’s Office to Host Press Conference After Jordan Graham Sentencing in Missoula on March 27, 2014Read the Press Release
The United States Attorney for the District of Montana, Michael W. Cotter, announced today his office will host a press conference on Thursday, March 27, 2014, at 11:00 am or immediately following the sentencing of Jordan Graham in the Missoula U.S. Attorney's Office, located at 105 E. Pine, 2nd Floor, Missoula, Montana.
Press conference attendees are expected to include the United States Attorney for the District of Montana, Michael Cotter, representatives from the Federal Bureau of Investigation, National Park Service and the Kalispell Police Department.
Contact Keri Leggett at [email protected] with any questions.
U.S. Attorney Carmen M. Ortiz Delivers Remarks at BC Law School Speaker SeriesRead the Press Release
U.S. Attorney Carmen Ortiz spoke at Boston College Law School on March 26 as a part of a speaker series for Diversity and Inclusion, presented by the Boston College Latin American Law Students Association. “From Tough on Crime to Smart on Crime” was the theme of the night, where USA Ortiz spoke about her path to becoming the first female Hispanic U.S. Attorney for the District of Massachusetts and the USAO’s commitment to implementing the DOJ’s “Smart on Crime” initiative. “Smart on Crime” emphasizes smarter approaches to federal prosecution while modernizing the criminal justice system. She is pictured here with Tracey West, Boston College’s Associate Dean for External Relations, Diversity and Inclusion.
Two Lincoln Residents Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
On March 24, 2014, an Indictment was unsealed charging Jason Robert Jackson, 24, and Stacy Lynn Henry, 40, both of Lincoln, with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between January of 2012 and October of 2013. Henry had her first court appearance on March 26, 2014, and she was released on conditions. Henry’s next scheduled court appearance is a status conference on May 20, 2014.
A warrant has been issued for Jackson’s arrest. He has not yet been apprehended. Persons with information about Jackson’s whereabouts should contact their local law enforcement agency.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Two "Pill Mill" Owners ConvictedRead the Press Release
ATLANTA - Jason Cole Votrobek and Roland Rafael Castellanos have been convicted after a month-long jury trial on federal drug and money laundering charges for owning and operating a “pill mill” pain clinic which served as a front for the mass distribution of addictive pain killers. Votrobek had previously been acquitted in Florida of similar charges stemming from his ownership of a Florida pain clinic.
“The abuse of pain medication has become epidemic and now accounts for more six times more deaths than that of all of the traditional illegal drugs combined,” said United States Attorney Sally Quillian Yates. “The defendants in this case preyed upon on those addicted to prescription drugs in order to line their own pockets. The abuse of prescription drugs and its related criminal activity has become a danger in many of our communities - one we have made a central focus of our office. Today justice has been served.”
Harry S. Sommers, Special Agent in Charge of the DEA Atlanta Field Division commented on the case, “DEA and its state and local counterparts continue to target pill mills and pain clinics that violate the law by illegally distributing prescription pharmaceuticals. In this case, those charged had an insatiable desire to traffic these dangerous and sometimes deadly substances, but they will not have the power to commit such acts anymore. This case would not have been a success without collaborative law enforcement partnerships.”
“Georgia citizens who served on the federal jury in this case sent a clear message that operating pill mills and the illicit diversion of controlled substances will not be tolerated in our state. As law enforcement saw the early migration of pill mills to Georgia we quickly began investigating organizations involved in this activity. The GBI is very pleased a multi-agency effort resulted in the conviction of these individuals,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
Bartow-Cartersville Drug Task Force Commander Captain Mark Mayton said, “This was an important case for our local community as well as the prosecution of future “pill mill” cases. The hard work put into this case by all the agencies involved was apparent by the swift guilty verdict. Prescription diversion is a rapidly growing problem and hopefully this will serve as a strong message to those individuals who choose to exploit other who suffer addiction for their financial gain. We are grateful to the United States Attorney’s Office who believed in our case and support our efforts to keep our community safe.”
According to United States Attorney Yates, the charges and other information presented in court: In May 2010, using information from the Bartow/Cartersville Drug Task Force, multiple agencies joined in an expanded investigation of “Atlanta Medical Group,” learning that the clinic, located in Cartersville, Ga., was prescribing pain pills outside the bounds of legitimate medical practice.
The investigation revealed that Jason Cole Votrobek, 30, of Vero Beach Fla., Roland Rafael Castellanos, 34, of Hollywood, Fla., and Jesse Violante, 35, of Vero Beach, Fla., financed and operated the clinic. Tara Atkins, 36, of Cartersville, Ga., served as the office manager. Dr. James Chapman, 64, of Macon, Ga., served as the primary doctor. In their respective capacities, Votrobek and Castellanos worked to procure and distribute Oxycodone pills to addicts and distributors and directed the clinic’s doctor to see as many patients as possible, and to prescribe as many Oxycodone pills as possible, in order to generate mass profits. Dr. Chapman allegedly did so, however, without conducting sufficient medical examinations and, indeed, was frequently incapacitated due to intoxication. Atkins herself filled out prescriptions for the doctor to sign, and the amounts of pills distributed to patients were excessive, and with unusual dosage patterns.
The clinic was really a drug distribution operation with over 98 % of their patients traveling to the clinic from surrounding states, the majority from Kentucky and Tennessee. Many of those visiting had obvious signs of being addicts. The clinic engaged in unusual practices, like, permitting non-medical staff to assist with medical procedures, such as taking blood pressure, to maximize the number of patients seen. Indeed, in 2011, the clinic was one of the “Top 15” purchasers of Oxycodone in the nation. Votrobek and Castellanos made millions of dollars during the clinic's approximately one year of operation. Votrobek and Castellanos established multiple bank accounts, many in third party names, to conceal the windfall profits.
Jason Votrobek, and Roland Castellanos will be sentenced at a later date. Jesse Violante and Tara Atkins, who both previously pleaded guilty to charges related to their conduct at the clinic, will also be sentenced at a later date. Dr. James Chapman is presently awaiting trial.
This case was investigated by the Drug Enforcement Administration’s Diversion Group, Georgia Bureau of Investigation, Bartow/Cartersville Drug Task Force, Georgia Drugs and Narcotics Agency, the Internal Revenue Service-Criminal Investigation; with special assistance from the Tennessee Bureau of Investigation and the Kentucky State Police.
Assistant United States Attorneys G. Scott Hulsey, Cassandra J. Schansman, and Laurel R. Boatright prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Trussville Man Sentenced to Two Years in Prison for Multi-Million Dollar Tax SchemeRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Trussville man to two years in prison for a scheme to collect millions of dollars from the Internal Revenue Service on false tax returns, announced U.S. Attorney Joyce White Vance and IRS Criminal Investigation Division Special Agent in Charge Veronica Hyman-Pillot.
U.S. District Judge L. Scott Coogler sentenced NORMAN JAMES SECOR, 67, on four counts of making false claims against the government by filing or aiding in the filing of false income tax returns and supporting documents between June 2008 and February 2009. Judge Coogler also ordered Secor to pay the IRS $204,172 in restitution, which was part of Secor's November plea agreement with the government. Secor must report to prison April 28, and serve three years of supervised release after completing his prison term.
"The Internal Revenue Service will pursue all individuals who participate in schemes designed to undermine the integrity of the U.S. tax system,” Hyman-Pillot said. "As an agency, we are dedicated to maintaining the public’s confidence in our efforts to enforce the tax laws. As a result, today’s sentence of Norman Secor should serve as a reminder that individuals will face consequences for committing tax violations and defrauding the government.”
Secor was indicted last year on charges that he filed, or helped others file, 12 false tax returns claiming $5.2 million in refunds. Each false tax return contained a claim that interest income had been earned during the tax year on a certain type of bond, and that the taxpayer was entitled to a refund of federal income taxes withheld on those earnings. No such earnings or withholdings actually had occurred.
IRS, Criminal Investigation, investigated the case, which Assistant U.S. Attorneys George Martin and Robin Beardsley Mark prosecuted.
Three Central Florida Men Plead Guilty to Access Device SchemeRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Daoud Theron Jarrett (28, Kissimmee), Michael Jovan Johnson (32, Orlando), and Thonnie Edward Grisby, II (29, Orlando) each pleaded guilty to one count of access device fraud. Each faces a maximum penalty of ten years in federal prison. A criminal complaint was filed against the three on August 22, 2013.
According to court documents, Jarrett, Johnson, and Grisby used fraudulent credit cards with stolen access numbers at various Wal-Mart stores in Orange, Seminole, Volusia, and Osceola Counties. With these fraudulent credit cards, they purchased iPads, laptop computers, gift cards, and other items totaling more than $74,000.
This case was investigated by United States Secret Service. It is being prosecuted by Assistant United States Attorney Christopher LaForgia.
Statements by Attorney General Holder and Acting Assistant Attorney General Carlin on Conviction of Sulaiman Abu GhaythRead the Press Release
WASHINGTON— On Wednesday, a federal jury in Manhattan found Sulaiman Abu Ghayth, the son-in-law of Usama bin Laden and a senior member of al Qaeda, guilty on three counts, including conspiracy to kill Americans.
U.S. Attorney General Eric Holder released the following statement: “This verdict is a major milestone in the government’s unrelenting efforts to pursue justice against those involved with the September 11 attacks. I can imagine no more fitting outcome, and no stronger message to those who would harm our nation and its people: that no amount of distance or time can weaken America’s resolve to pursue, capture, and hold them accountable to the fullest extent of the law.
“I want to especially note that this verdict has proven that proceedings such as these can safely occur in the city I am proud to call home, as in other locations across our great nation. It was appropriate that this defendant, who publicly rejoiced over the attacks on the World Trade Center, faced trial in the shadow of where those buildings once stood.
“We never doubted the ability of our Article III court system to administer justice swiftly in this case, as it has in hundreds of other cases involving terrorism defendants. It would be a good thing for the country if this case has the result of putting that political debate to rest. This outcome vindicates the government’s approach to securing convictions against not only this particular defendant, but also other senior leaders of al Qaeda.
“I want to personally congratulate U.S. Attorney Bharara, his team in the Southern District of New York, and those who assisted in our National Security Division, for successfully prosecuting this case with the utmost integrity and professionalism. I also wish to thank the Federal Bureau of Investigation, U.S. Marshals Service, and Mayor de Blasio and the city of New York. This was truly a team effort.”
Acting Assistant Attorney General for National Security John Carlin released the following statement: “This case highlights our resolve to find and bring to justice those who plot to attack our citizens and our interests around the world. As the face and voice of al Qaeda in the days and weeks after the 9/11 attacks, Abu Ghayth conspired with Usama Bin Laden and al Qaeda and announced to the world al Qaeda’s deadly intentions to continue to attack America. Today, he stands convicted and he will face justice for his role in al Qaeda’s lethal plot to kill Americans. I want to thank all of the agents, analysts, and prosecutors who are responsible for this result.”
Statement of Manhattan U.S. Attorney Preet BhararaOn the Conviction of Usama Bin Laden Son-In-Law Sulaiman Abu Ghayth on All ChargesRead the Press Release
“A jury unanimously found that Sulaiman Abu Ghayth not only conspired to provide, and actually provided, material support to al Qaeda, but also conspired to kill Americans. He was more than just Usama bin Laden's propaganda minister. Within hours after the devastating 9/11 attacks, Abu Ghayth was using his position in al Qaeda's homicidal hierarchy to persuade others to pledge themselves to al Qaeda in the cause of murdering more Americans. Like the others who have faced terrorism charges in Manhattan's federal courthouse before him, Abu Ghayth received a fair trial, after which a unanimous jury rendered its verdict, justly holding him accountable for his crimes. We hope this verdict brings some small measure of comfort to the families of the victims of al Qaeda’s murderous designs.”
South Portland Man Sentenced to 16 Months for Possessing a Stolen FirearmRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that
Bahman Habibi, 28, of South Portland, Maine, was sentenced today in U.S. District Court by
Judge D. Brock Hornby to 16 months in prison and three years of supervised release for
possessing a stolen firearm. Habibi was found guilty of the charge on October 30, 2013,
following a jury trial.Court records reveal that a Glock pistol and a badge belonging to a law enforcement
detective were stolen from a motor vehicle in South Portland on September 21, 2012. On April
17, 2013, Joseph Morrill used the stolen pistol to rob Cumberland Farms on Cottage Road in
South Portland. Five days later, Morrill used the pistol to rob TDBank on Market Street in South
Portland. Morrill then hid the stolen pistol. On March 25, 2013, the stolen pistol was taken to
the basement of Habibi’s residence in South Portland. Habibi knew the pistol was concealed
there and that it was stolen. On June 14, 2013, the firearm was recovered during the execution of
a federal search warrant at Habibi’s residence.
The investigation was conducted by the South Portland Police Department and the
Federal Bureau of Investigation.Slidell, Louisiana Man, Richard Zanco, Pleads Guilty to Illegally Laundering over $343,000Read the Press Release
RICHARD ZANCO, age 44, of Slidell, Louisiana, plead guilty as charged today before United States District Judge Susie Morgan to money laundering, announced United States Attorney Kenneth Allen Polite, Jr.
According to court documents, in about May 2012, ZANCO learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale, by fraudulent means. Even though he knew that the CMOs did not belong to him, ZANCO gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under his control. Between about March 11, 2013, and September 19, 2013, ZANCO used the funds, totaling approximately $343,998.82, to engage in a variety of financial transactions for his personal use, including purchasing multiple automobiles and at least one boat.
ZANCO faces a maximum penalty of ten (10) years, followed by up to three (3) years of supervised release, and a $250,000 fine. Sentencing has been scheduled before Judge Morgan for July 2, 2014.
This case is being investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg and Dan Friel.
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Sioux City Gang Member Sentenced to over 5 Years in Federal Prison for Firearm ChargeRead the Press Release
A Sioux City gang member, who possessed a firearm after having been convicted of three previous felonies, was sentenced March 26, 2014, to 70 month’s imprisonment in federal prison.
Ramon Olague, III, age 23, from Sioux City, Iowa, was convicted of possessing a firearm having been convicted of a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits felons from possessing firearms.
According to information presented at Olague’s change of plea and sentencing hearings by the United States, Olague’s firearm possession was discovered on October 17, 2013, when Sioux City Police Officers responded to a domestic disturbance. Officers learned Olague had become angry with his paramour, shoved her, screamed at her, and brandished a gun. He ran off before police arrived, but he was soon apprehended. A search of the area revealed Olague had attempted to hide the firearm at another nearby property.
Olague was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Olague was sentenced to 70 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.
Olague is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4098.
The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Sioux City Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Seminole Man Sentenced to 33 Months for Assault with A Dangerous WeaponRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that TISHOMINGO MARC WALDON, age 43, of Seminole, Oklahoma, was sentenced to 33 months imprisonment, followed by 3 years of supervised release for Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, in violation of Title 18, United States Code Sections 1151, 1153 and 113(a)(3).
The charge arose from an investigation by the Federal Bureau of Investigation. The defendant was indicted in August, 2013 and pled guilty in September, 2013.
The Indictment alleged that on or about April 28, 2013, within the Eastern District of Oklahoma, within Indian country, on Indian land held in Trust by the United States of America on behalf of an individual member of a federally recognized tribe, the defendant, an Indian, did willfully, deliberately, maliciously, with the intent to do bodily harm, strike R.W., about the head and body with a 2 inch by 4 inch piece of lumber and a boise d’arc walking stick.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
San Joaquin County Man Indicted on Charges of Attempting to Provide Material Support to Foreign Terrorist OrganizationRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today charging Nicholas Michael Teausant, 20, of Acampo, with attempting to provide material support or resources to a foreign terrorist organization, United States Attorney Benjamin B. Wagner announced.
According to court documents, Teausant traveled to the Canadian border with the intent of continuing to travel to Syria to join the Islamic State of Iraq and Syria, a foreign terrorist organization more widely known as al-Qa’ida in Iraq.
This case was the product of an investigation by the Federal Bureau of Investigation and the Modesto Police Department and San Joaquin Sheriff’s Office, who are members of the Modesto/Stockton Joint Terrorism Task Force, with significant assistance from U.S. Customs and Border Protection. Assistant United States Attorneys Jean M. Hobler and Jason S. Hitt are prosecuting the case in conjunction with Trial Attorney Andrew Sigler of the National Security Division of the U.S. Department of Justice.
Teausant was charged by complaint with one count of attempting to provide material support or resources to a terrorist organization on March 17, 2014. He is currently in the custody of the U.S. Marshals pending transportation to the Eastern District of California from the Western District of Washington, where he was arrested, to face the charges now brought by indictment. The date of his arrival in the Eastern District of California is not yet set.
The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. If convicted, Teausant faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Complaint
Ridgeland Man Indicted for Bankruptcy FraudRead the Press Release
Jackson, Miss – William Marshall Wolfe, 44, of Ridgeland, was arraigned in federal court today pursuant to an indictment charging him with two counts of bankruptcy fraud, announced U. S. Attorney Gregory K. Davis, Acting U. S. Trustee Henry G. Hobbs, Jr. of Region 5, FBI Special Agent in Charge Daniel McMullen, IRS Criminal Investigation Special Agent in Charge Gabriel L. Grchan, and Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service.
According to the indictment, William Marshall Wolfe, owner of Steadivest, LLC, devised a fraudulent scheme in which he solicited money from investors under the guise of seeking investments for the rehabilitation of real estate. Wolfe continually solicited money from investors by providing misleading information about the financial stability of his company, Steadivest, LLC, and its related entities, and promising high returns on investments.
As a part of his scheme to defraud investors, Wolfe would seek new investors to meet his current obligations with existing entities. As part of his continuing scheme, Wolfe placed Steadivest, LLC, and its related entities in bankruptcy. On the eve of bankruptcy, Wolfe fraudulently transferred real property belonging to Steadivest, LLC, or its related entities, to another company through which he managed and solicited investors, in order to keep the properties from the bankruptcy estate.The U. S. Trustee referred the matter to the U. S. Attorney for prosecution. The investigation was conducted by the FBI, IRS Criminal Investigation, and U.S. Postal Inspection Service with assistance from the U.S. Trustee.
The case is scheduled for trial before U.S. District Judge Carlton W. Reeves on June 2, 2014. If convicted, Wolfe faces a maximum sentence of five years in federal prison and a $250,000 fine on each count.
The public is reminded that an indictment is a formal charge that a defendant has committed a violation of the federal criminal laws. All defendants are presumed innocent unless and until proven guilty.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Rapid City Man Charged with Theft from Indian Health ServiceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Theft or Embezzlement in Connection with Health Care.
Michael Gray, age 58, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Gray knowingly converting to his own use more than $100 in money, funds, and property of the Indian Health Service between March 2009 and October 2013.
The charge is merely an accusation and Gray is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gray was released on bond pending trial. A trial date has been set for May 27, 2014.
Philadelphia Woman Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Philadelphia resident pleaded guilty on March 25, 2014 before U.S. District Court Judge Malachy E. Mannion to participating in a drug trafficking conspiracy that distributed heroin during November 2013 to March 2014.
According to United States Attorney Peter Smith, the defendant, Linda Reyes, age 23, admitted that she conspired with others, including an inmate at the Waymart State Prison, to distribute and possess with intent to distribute more than 100 grams of heroin during a two-month time period.
Reyes was indicted by a federal grand jury on March 11, 2014, as a result of an investigation by special agents and task force officers of the Federal Bureau of Investigation and Scranton Police.
Reyes faces a possible maximum sentence of 20 years in prison and a fine up to $1 million. Judge Mannion ordered a pre-sentence investigation to be completed prior to sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Oahu Man Indicted for Firearms ViolationRead the Press Release
HONOLULU - A federal grand jury returned an indictment yesterday charging Brian Ancho, age 35, with two counts of being an unlawful user of or addicted to a controlled substance and a convicted felon in possession of a firearm. Count 1 of the indictment alleges that Ancho, an Oahu resident, possessed a Charter Arms Corporation revolver, and Count 2 alleges possession of a Beretta pistol, both on March 13, 2014.
Florence T. Nakakuni, Untied States Attorney for the District of Hawaii, said that according to allegations contained in a criminal complaint previously filed in court, Ancho was approached by two Honolulu Police Department Crime Reduction Unit officers on March 13, 2014. After the officers identified themselves, Ancho attempted to run away from the officers but was apprehended and arrested. Thereafter, officers conducted a pat-down search of Ancho’s waistband and discovered that Ancho had a Charter Arms Corporation revolver in his waistband. Law enforcement officers later that day recovered a Beretta pistol during a search of a vehicle driven by Ancho.
If convicted, Ancho faces up to ten years in prison and a fine of up to $250,000 on each count. The charges in the indictment, as well as the information contained in the criminal complaint, are merely accusations, and the Defendant is presumed innocent until proven guilty.
The Defendant is being prosecuted as part of the Honolulu Violent Incident Crime Task Force/ Frontline Initiative, a collaborative effort by federal, state, and local law enforcement agencies and prosecutors and communities to prevent, deter, and prosecute gun crime. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; and the Honolulu Police Department, with cooperation from the City and County of Honolulu Department of the Prosecuting Attorney. The case is being prosecuted by Assistant U.S. Attorney Michael Nammar.
O.C. Firm Pays $500,000 to Resolve Allegations It Violated the Buy American Act by Selling Foreign-Made Medical Devices to ArmyRead the Press Release
LOS ANGELES – Prosthetics supplier Ossur Americas, Inc. today paid the United States $500,000 to resolve allegations that the Orange County company supplied the Army with hundreds of foreign-made prosthetic, bracing and support products –while falsely certifying that all of its products were manufactured in the United States as required by federal law and its contracts with the military.
Ossur, which is headquartered in Foothill Ranch, paid the money today pursuant to a settlement agreement that resolves allegations that it had violated the federal False Claims Act by falsely certifying compliance with the Buy American Act. The alleged conduct took place in 2005 and 2006 and involved prosthetic components for wounded soldiers.
The Buy American Act generally prohibits federal government agencies from purchasing foreign-made products, and Ossur’s compliance with the Act was expressly required by its contracts with the Army.
Ossur became aware that it had made the prohibited sales in early 2006, and entered the Department of Defense’s Voluntary Disclosure Program in December 2006. The government subsequently investigated Ossur’s disclosure. In conjunction with Ossur’s voluntary disclosure, the company instituted a series of compliance measures, including distribution of instruction sheets to sales representatives and training for management officials, to ensure future compliance with the Buy American Act.
This matter was investigated by the Defense Criminal Investigative Service.
Release No. 14-033a
Non-Indian Man Pleads Guilty to Sexually Abusing an Indian Child on Laguna Pueblo LandRead the Press Release
ALBUQUERQUE – Michael Ray Looney, 39, a non-Indian man who resides in the Pueblo of Laguna, N.M., pleaded guilty this morning to sexually abusing a minor child under a plea agreement that requires the imposition of a 15-year federal prison sentence. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Looney was arrested on June 28, 2013, on a criminal complaint alleging that he forced an Indian child between the age of 12 and 16 years to engage in sexual acts. The complaint alleged that Looney committed these criminal acts within the Pueblo of Laguna in Cibola County, N.M.
Today Looney entered a guilty plea to a felony information charging him with sexual abuse of a minor. In his plea agreement, Looney admitted to engaging in sexual acts with the child victim from March 2013 to June 2013. Looney also admitted knowing that the victim was under 16 years of age when Looney violated the child.
Looney has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. After Looney completes his 15-year prison sentence, he will be on supervised release for a term of years to be determined by the court. Looney also will be required to register as a sex offender.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. It is being prosecuted by Special Assistant U.S. Attorney David Adams. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
New Haven Crack Dealer Sentenced to Five Years in Federal PrisonRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT LEE, also known as “B.O.,” 36, of New Haven, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 60 months of imprisonment, followed by four years of supervised release, for distributing crack cocaine.
According to court documents and statements made in court, this matter stems from “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants, and seizures of narcotics and firearms. More than 100 individuals were charged as a result of the investigation.
LEE has been detained since his arrest on May 22, 2012. On January 2, 2014, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of cocaine base (“crack cocaine”).
LEE’s criminal history includes three prior felony drug convictions.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Marc Silverman.
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[email protected]Mobile Man Sentenced to Nearly Four Years in Prison for Conning $260,000 from Three WomenRead the Press Release
BIRMINGHAM -- A federal judge today sentenced a Mobile man to nearly four years in prison in connection with a con scheme totaling more than $260,000 that he ran on at least three women he met in an upscale Birmingham steakhouse, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
JULIAN PEARSON BURKE, 56, pleaded guilty in October to two counts of wire fraud and one count of interstate transportation of stolen goods. U.S. District Judge L. Scott Coogler sentenced Burke to 45 months in prison on the charges and ordered him to pay the victims $264,300 in restitution. Burke had agreed to the restitution as part of his plea agreement with the government. Judge Coogler ordered Burke into custody immediately following today's hearing.
Between October 2010 and October 2011, Burke struck up friendships with at least three women he met at a restaurant in the Summit Shopping Center on U.S. 280. He convinced all three to give him tens of thousands of dollars for him to invest, according to court documents. Instead of investing the money, Burke spent it at pawnshops and casinos. He never returned any money to the three women.
Burke pleaded guilty to transporting stolen goods across state lines for receiving a $100,000 investment check from a woman, identified by the initials C.W., and converting it to personal use by endorsing and negotiating the check at the Imperial Palace of Mississippi casino in Biloxi. The woman believed she was investing in the Admiral Semmes Hotel in Mobile.
According to Burke's plea agreement and other court documents, he carried out his wire fraud scheme as follows:
Burke owned two businesses, Burke Construction and Computer Converters, and maintained business accounts for both at the Mississippi-based Hancock Bank.
In October 2010, Burke met a woman, identified by the initials D.G., at the Birmingham restaurant and built a friendship. In February 2011, he asked D.G. to invest with him by loaning money to pawnshops. On Feb. 7, 2011, she wired $18,000 from her bank account to the Computer Converters account, which held $313 before her deposit. The next day, Burke transferred $18,200 from the Computer Converters account to the Burke Construction account. The same day, he wrote two $9,150 checks to Quik Pawn in Mobile to buy back a 17-carat platinum watch and a men's diamond pinky ring he previously had pawned there for $7,500 each.
In April 2011, Burke convinced D.G. to invest $86,000 more with him, claiming he was publishing academic coloring books for children and would roll her previous investment, plus interest, into the project. She thought she would get back the $110,000, plus interest, within six months. In July 2011, D.G. wired another $20,300 to the Burke Construction account for the coloring book project. Burke never returned any of D.G.'s money. He also cashed a $59,921 check at Grand Casino of Mississippi on the same day the $86,000 was deposited into the previously overdrawn construction company account.
The third victim in the case is identified in court documents by the initials, S.H. Burke met her at the Birmingham restaurant in February 2011. He convinced S.H. to invest with him in buying a pawnshop, with the understanding that she would earn 15 percent interest within 60 days. On Oct. 24, 2011, S.H. wired $40,000 to the Burke Construction bank account, which was overdrawn until the deposit arrived. That same day, Burke withdrew $35,000 cash and transferred $2,000 to the Computer Converters account.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.
Minnesota Woman Pleads Guilty to Human Trafficking for Holding Victim in Forced Labor in RestaurantRead the Press Release
Tieu Tran, 59, of Mankato, Minn., pleaded guilty late yesterday to one count of forced labor trafficking in the U.S. District Court for the District of Minnesota, the Justice Department announced today. Tran is the former owner and manager of Nails By Jordan, a nail salon located in Mankato.
According to evidence presented in court proceedings and documents, in 2008, Tran recruited a woman from Vietnam to travel to the United States using false promises of legal immigration status and a high-paying job. In reality, Tran smuggled the victim and two other Vietnamese nationals across the southern U.S.-Mexico border, imposed a significant debt upon the victim and forced the victim to pay down the smuggling debt by working at Tran’s son’s Vietnamese restaurant, Pho Saigon, in Mankato.
During the plea proceedings, Tran admitted to compelling the victim to work long hours without paying her as promised, using a scheme, plan and pattern of non-violent coercion. This included manipulation of debts, isolation and verbal intimidation to hold the victim in fear, knowing that the victim was without legal status and money, did not have the ability to speak English, feared losing her family home in Vietnam to creditors and had nowhere else to turn for subsistence.
“This defendant preyed on vulnerable victims and exploited them for her profit,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “Traffickers routinely use schemes of non-violent coercion to exploit victims by manipulating the victims’ debts, fears of immigration consequences, linguistic isolation and other vulnerabilities. The Civil Rights Division is committed to seeking justice on behalf of victims of human trafficking and to holding human traffickers accountable”
“Human trafficking degrades the dignity of humanity and strikes at the heart of individual equality and freedom,” said U.S. Attorney Andy Luger for the District of Minnesota. “The U.S. Attorney’s Office for the District of Minnesota will aggressively prosecute those who seek to capitalize on human frailty through such conduct.”
“ The FBI, in conjunction with its law enforcement partners, remains steadfast in its commitment to eradicate human trafficking,” said Special Agent in Charge J. Chris Warrener of the FBI’s Minneapolis Field Office. “Human trafficking is an insidious crime which impacts not only its victims, but society as a whole. Detecting and bringing to justice those who perpetrate these schemes will always be a top priority for law enforcement. ”
Tran faces a statutory maximum sentence of 20 years in prison and a $250,000 fine. As part of her plea agreement, Tran agreed to nullify all debts imposed upon the victim, as well as similar debts imposed upon seven other individuals believed to be under similar circumstances.
This case was investigated by the FBI and is being prosecuted by Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorney David Steinkamp of the U.S. Attorney’s Office for the District of Minnesota.
Michigan Aquarium Store Operator Sentenced for Illegal Trafficking of Marine LifeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tracy Dunn, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and Edward Grace, Deputy Assistant Director, U.S. Fish & Wildlife Service, Office of Law Enforcement, announce that Richard Perrin, 80, of Romulus, Michigan, was sentenced today for conspiring with others to commit certain offenses against the United States, that is: transport, sell, receive, acquire, and purchase fish and wildlife, that is marine invertebrates, Sea Fans (Gorgonia flabellum and Gorgonia ventalina), ornamental tropical fish, sharks, and alligators (Alligator mississippiensis), with a fair market value in excess of $350.00, knowing the wildlife was taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, in violation of Title 16, United States Code, Sections 3372(a)(2)(A), 3372(a)(4), and 3373(d)(1) and (2), all in violation of Title 18, United States Code, Section 371.
U.S. District Judge Jose E. Martinez, who had previously accepted Perrin’s guilty plea, after granting a government motion for a downward departure in the case, based on Perrin’s extensive cooperation and assistance in the investigation and prosecution of others, imposed a sentence of a three year term of probation, a criminal fine of $15,000, and forfeiture of the vehicle used in the commission of the Lacey Act violations. Perrin’s co-defendant, Joseph Franko, 35, also of Romulus, is awaiting sentence in Key West on April 14, 2014, at 10:00 a.m.
According to the indictment and joint factual statements submitted to the Court, during the period extending from December 2008 through approximately December 2011, Perrin and Franko engaged in a conspiracy to purchase, harvest, and transport marine life and reptiles from Florida to Michigan for sale through a business known as Tropicorium, Inc. Perrin was the owner Tropicorium, engaged in the day-to-day management and operation of the corporation, while Franko was an employee. Tropicorium was organized in 1993 under the laws of Michigan with its principal place of business in Romulus. Tropicorium was engaged in the purchase and retail sale of marine life and reptiles, including sharks, marine invertebrates, Sea Fans (Gorgonia flabellum and Gorgonia ventalina), ornamental tropical fish, and alligators.
The defendants admitted that they failed to acquire or possess the licenses required by Florida Statute for the marine life they harvested during multiple trips to the Florida Keys. Additionally, the sea fans taken by the defendants and sold in Michigan are prohibited from being harvested from the waters of the State of Florida or the Florida Keys National Marine Sanctuary. According to the factual statements, Perrin and Franko also made stops while en route to and from the Keys in the area of Big Cypress National Preserve, where they illegally poached juvenile alligators to sell through Tropicorium. Unknown to the defendants, on one occasion they actually sold a baby alligator and illegal sea fans from a Florida harvesting trip to an undercover Special Agent of the Fish & Wildlife Service. The two defendants also utilized a facility on Grassy Key as a maintenance base for their harvested marine life until they were ready to ship or transport the specimens to Michigan for sale.
Mr. Ferrer commended the joint investigative efforts of the NOAA Office of Law Enforcement and the U.S. Fish & Wildlife Service, Office of Law Enforcement. Mr. Ferrer also thanked the Michigan Department of Natural Resources and the Florida Fish and Wildlife Conservation Commission. This case was prosecuted by Assistant U.S. Attorneys Thomas Watts-FitzGerald and Antonia Barnes.
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.
Mattapoisett Woman Pleads Guilty to Embezzling from Middleboro BusinessesRead the Press Release
BOSTON – A Mattapoisett woman pleaded guilty today in connection with her theft of nearly $320,000 from two Middleboro businesses.
Marie Greany, 43, pleaded guilty before U.S. District Court Judge Rya W. Zobel to wire fraud. Sentencing is scheduled for June 25, 2014 at 2:00 pm. Greany was charged in an Information earlier this month.
From 2006 to 2012, Greany, who worked as a bookkeeper for two computer systems design and consulting businesses in Middleboro, Mass., stole nearly $320,000 from the two companies. Among other things, Greany used a company credit card to make unauthorized charges for personal expenses, including travel, tickets to sporting events and theater productions, restaurant meals and tuition, as well as the costs of operating her photography business. She then caused the charges to be paid with corporate funds from both companies. Greany also transferred money from the businesses’ bank accounts to pay her personal credit card bills. Additionally, Greany caused the payroll processing company for the victim companies to issue payments to her as reimbursement for expenses which had actually been incurred by other employees as well as increased salary payments for herself. She also wrote two unauthorized checks on a company account which she used for her own purposes.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Sandra S. Bower of Ortiz’s Economic Crimes Unit.
Man Wanted for Murder of Young Mother and Her Two-Year-Old Son Added to the FBI’S List of “Ten Most Wanted Fugitives”Read the Press Release
FBI NY - MAN WANTED FOR MURDER OF YOUNG MOTHER & HER TWO-YEAR-OLD
FBI Top Ten Most Wanted Poster- Garcia
Malvern, Iowa, Resident Sentenced to 132 Months in Prison for Manufacturing Methamphetamine Next to A SchoolRead the Press Release
COUNCIL BLUFFS, IA - On March 25, 2014, Jesse R. Salmons-Rice, a 31 year-old resident of Malvern, Iowa, was sentenced by United States District Court Judge John Jarvey to 132 months in prison for manufacturing methamphetamine within 1,000 feet of a school, announced U.S. Attorney Nicholas A. Klinefeldt. Salmons-Rice was also ordered to serve eight years of supervised release following the period of imprisonment.
On September 4, 2013, Salmons-Rice pled guilty to manufacturing methamphetamine within 1,000 feet of the real property of a school. The guilty plea was the result of an investigation by law enforcement into the manufacturing and distribution of methamphetamine in and around Mills County, Iowa. Salmons-Rice was found to have been manufacturing methamphetamine on or about November 6, 2012, in the loft of his garage which was located within twenty-eight feet of an elementary school in Malvern, Iowa.
The investigation was conducted by the Southwest Iowa Narcotics Task Force, the Mills County Sheriff’s Office, the Iowa State Patrol, and the Iowa Division of Narcotic Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Knoxville Resident Sentenced to 100 Months in Prison for Possession of Child PornographyRead the Press Release
KNOXVILLE, Tenn.– On Mar. 26, 2014, James Dale Parker, Jr., 41, of Knoxville, Tenn., was sentenced to serve 100 months in prison for possession of child pornography. Upon his release from prison he will be subject to 15 years of supervised release.
Parker pleaded guilty in August 2013, to possession of child pornography. Through the execution of a search warrant by agents with the Federal Bureau of Investigation 92 images and 265 videos of child pornography were found on a personal computer belonging to Parker.
Assistant U.S. Attorney Jennifer Kolman represented 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. 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Jury Convicts Gunman of Beaumont CarjackingsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 22-year-old Beaumont man has been convicted of multiple crimes related to an armed carjacking spree in April 2012 in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Timothy Wayne Harris, Jr. a/k/a “J” was found guilty by a jury following a three-day trial before U.S. District Judge Thad Heartfield.
According to information presented in court, on April 17-18, 2012, Harris and Jerry Lee Edwards, 38, went on a crime spree outside a Beaumont restaurant and convenience store, Carl’s Jr. and the Calder Food Mart. On May 2, 2012, a federal grand jury indicted Harris and Edwards and charged them with two counts of carjacking, two counts of brandishing a firearm in furtherance of a crime of violence, and one count of conspiracy to commit carjacking. The men have been detained since their arrests on April 24, 2012. The case was delayed for 17 months by psychiatric examinations of Harris, who was the gunman and leader of the offenses. Late last year, Harris was determined to be competent to stand trial
The jury today convicted Harris of all five counts. Harris faces a sentence of between 50 years and life in federal prison. Edwards pleaded guilty in January to conspiracy to commit carjacking, admitting that he knowingly joined in the crimes. Edwards faces up to 5 years in federal prison. Sentencing dates have not been set.
This case was prosecuted as part of the Project Safe Neighborhoods Time Machine Initiative. Time Machine is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
The case was investigated by the Beaumont Police Department and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John B. Ross and Special Assistant U.S. Attorney Catherine Cockrell. ####Isleta Pueblo Man Sentenced to Ten Years for Discharging a Firearm During a Crime of ViolenceRead the Press Release
ALBUQUERQUE – Paul Martin, 29, a member and resident of Isleta Pueblo, was sentenced this morning to 10 years in federal prison followed by three years of supervised release for discharging a firearm during a crime of violence.
Martin was arrested in April 2013, on an indictment charging him with assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, and using a firearm during a crime of violence. He has been in federal custody since that time.
According to the indictment, Martin committed these crimes on Oct. 17, 2012, by assaulting another Isleta Pueblo man within Isleta Pueblo.
Court filings reflect that Martin assaulted the victim by shooting the unarmed man multiple times at close range with a handgun.On Oct. 3, 2013, Martin pled guilty to count 4 of the indictment charging him with using a firearm in relation to a crime of violence. In entering his guilty plea, Martin admitted shooting the victim with a firearm on Oct. 17, 2013.
This case was investigated by the Albuquerque office of the FBI and the Isleta Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Huntington Man Convicted of Possessing and Attempting to Distribute Child PornographyRead the Press Release
Defendant was previously convicted of sexually assaulting a ten year old
HUNTINGTON, W.Va. –A 66-year-old Cabell County resident was convicted of possessing and attempting to distribute child pornography after a three-day bench trial in Huntington, West Virginia, United States Attorney Booth Goodwin announced today. Chief United States District Judge Robert C. Chambers found that John D. Hayes, of Huntington, West Virginia, knowingly possessed child pornography on computer equipment located in his residence and attempted to distribute child pornography via a file-sharing program.
The investigation began when it was discovered that child pornography was being shared via Frostwire between March 17 and April 28, 2012. The associated IP address was traced back to the Huntington residence of Hayes. Computer evidence subsequently seized from the Hayes’ home pursuant to a search warrant executed on May 24, 2012, including a portable USB drive, was forensically analyzed and determined to contain images and videos of child pornography. The forensic examination further revealed that one of the computers possessed by Hayes was loaded with the Frostwire program and had a unique user identification number (known as a GUID) that matched the GUID found to be sharing child pornography in March and April of 2012.
Hayes was previously convicted in the circuit court of Putnam County, West Virginia, in 1979 for two counts of second degree sexual assault, one of which involved a 10-year-old female.
Hayes faces a minimum mandatory 15 years and up to 60 years imprisonment, as well as a lifetime of supervised release. He is scheduled to be sentenced on July 7, 2014, in Huntington, West Virginia.
The investigation of Hayes was conducted by the West Virginia Internet Crimes Against Children Task Force, with the assistance of the Huntington Police Department and the West Virginia State Police. Assistant United States Attorneys Jennifer Rada and Lisa Johnston were in charge of the prosecution.
This case was prosecuted as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims.
Hot Springs Man Charged with Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hot Springs, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Jesse D. Grimm, age 32, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
On January 20, 2014, Grimm, having been convicted of a previous felony, was in possession of a firearm, Glock Model 27, and the firearm had been shipped and transported in interstate commerce.
The charge is merely an accusation and Grimm is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Grimm was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Hazleton Man Charged in Drug Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Hazleton resident was arrested yesterday by federal agents for allegedly participating in a drug trafficking conspiracy that distributed cocaine and crack cocaine from January 2011 to the present.
According to United States Attorney Peter Smith, a federal grand jury sitting in Scranton indicted Jose Angeles, also known as “Catalino Rivera-Felix” and “Tito,” age 53, in January 2014. The grand jury alleges that Angeles conspired with others to distribute and possess with intent to distribute crack cocaine and powder cocaine in the Hazleton area during a three-year time period.
The Indictment also alleges that Angeles distributed and possessed with intent to distribute crack cocaine on May 25, 2012; October 19, 2012; September 4, 2013; and October 9, 2013.
The charges stem from an investigation by special agents and task force officers of the Federal Bureau of Investigation, the Pennsylvania State Police, Hazleton Police and Sugarloaf Police.
If the defendant is convicted of the charges, he faces up to 20 years in prison and a $1 million fine for each charge.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Habitual Batterer Sentenced to Federal PrisonRead the Press Release
MARQUETTE, MICHIGAN – Bradley Joseph Hase, 43, of Marquette, Michigan, was sentenced to the statutory maximum of 60 months in federal prison for domestic assault by an habitual offender, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Robert Holmes Bell ordered Hase to serve three years of supervised release following his release from prison, and to pay a $100 special assessment.
On November 6, 2013, Hase pleaded guilty to count two of a federal indictment charging him with domestic assault by an habitual offender. The assault charge arose from an incident at a residence in Marquette County, Michigan, on Keweenaw Bay Indian Community reservation land on February 3, 2013. During this incident, Hase, a non-Indian, assaulted his girlfriend, a member of the Keweenaw Bay Indian Community, grabbing her by the face and throat and pulling out her hair. Hase had been convicted twice of domestic violence offenses in the 96th District Court, Marquette County, and was on probation for one of those offenses at the time of the assault in this case.
The Keweenaw Bay Indian Community Tribal Police, the Chocolay Township Police Department and the FBI investigated the case. Assistant U.S. Attorney Paul D. Lochner prosecuted the case..
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Guam and Nevada Area Drug Traffickers Indicted in Joint Federal InvestigationRead the Press Release
(HAGATNA, GU) ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that a federal grand jury returned an indictment charging twelve (12) individuals as follows:
- FRANCISCO C. ARIAS, 38, EDER J. CORTEZ-ZELAYA, 31, DAVID G. QUINATA, 52, BRIAN G. QUINATA, 37, JOSEPH S.N. MANSAPIT, 43, JOHNNY J.S. QUENGA, 36, KEN J. NANGAUTA, 49, CORINNA M. CONCEPCION, 42, LAWRENCE P. CONCEPCION, 49, FLORENTINA P. DEPAMAYLO, 60, JOSHUA E. MOYE, 26, and RICHARD J. BORJA, 42, were charged with conspiracy to distribute more than 50 grams of methamphetamine. A conviction for conspiracy to distribute more than 50 grams of methamphetamine carries a mandatory minimum sentence of ten (10) years imprisonment and a maximum sentence of life imprisonment.
- ARIAS, CORTEZ-ZELAYA, QUENGA, CORINNA M. CONCEPCION, NANGAUTA, DAVID G. QUINATA, BRIAN G. QUINATA, MANSAPIT, and MOYE were also charged with conspiracy to commit money laundering which carries a maximum sentence of twenty (20) years imprisonment.
- ARIAS and CORTEZ-ZELAYA were charged with separate counts of unlawful use of the mail to facilitate the conspiracy to distribute methamphetamine which carries a maximum sentence of five (5) years imprisonment.
Defendants ARIAS and CORTEZ-ZELAYA were arrested in Las Vegas, Nevada. Other defendants were arrested in Guam. Initial appearances for the defendants have been held.
This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
This OCDETF investigation involved federal agents and local law enforcement officers of the U.S. Postal Inspection Service (USPIS), Drug Enforcement Administration (DEA), U.S. Department of Homeland Security Investigations (HSI), Guam Police Department (GPD), Guam Customs and Quarantine Agency (GCQA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), U.S. National Oceanic Atmosphere Administration (NOAA), and U.S. Coast Guard Criminal Investigative Service (CGIS). The case is being prosecuted by Assistant U.S. Attorney Clyde Lemons, Jr.
The public is reminded that an indictment contains only allegations and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.Georgia Man, Christopher Jamieson, Pleads Guilty to Receipt of Child PornographyRead the Press Release
CHRISTOPHER JAMIESON, age 31, a resident of Douglasville, Georgia, pled guilty today to receipt of child pornography, announced United States Attorney Kenneth Allen Polite, Jr.
According to court documents, in November 2013, JAMIESON was arrested by special agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”) and the United States Postal Inspection Service after they determined that JAMIESON was responsible for receiving videos depicting the sexual exploitation of children on the Internet. Today, JAMIESON entered a plea of guilty to knowingly receiving several videos depicting the sexual exploitation of children from Jonathan Johnson, the administrator of a multi-national child pornography website.
Sentencing is scheduled for June 25, 2014, before U.S. District Judge Martin L.C. Feldman. Receipt of child pornography carries a mandatory minimum sentence of not less than five (5) years and a maximum penalty of twenty (20) years imprisonment, supervised release of not less than five years up to life, and JAMIESON will have to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations and the U.S. Postal Inspection Service. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
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Franklin and Cumberland County Drug Trafficking Conspirators Charged Federally in Connection with Local Man’s DeathRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Ashley Gries, 19, of Shippensburg, Pennsylvania; Danny Guy Forrester, 48, of Shippensburg; Gabriel John Stouffer, 30, of Newburg, Pennsylvania; Michael Anthony DeCarlo, 31, of Shippensburg; and Jeffrey Lynn Wright, Jr., 31, of Shippensburg, have been arrested and arraigned by Chief Magistrate Judge Martin C. Carlson on drug trafficking charges in federal court in Harrisburg today.
Gries, Forrester, Stouffer, DeCarlo and Wright were charged by indictment on March 19, 2014 by a grand jury in Harrisburg. According to U.S. Attorney Peter Smith, the indictment made public today, alleges that the defendants engaged in heroin trafficking in the Franklin and Cumberland County areas from October 2013 through March 2014. Gries, Forrester, and Stouffer were also charged with drug trafficking offenses that led to the death of 21-year-old Kyle Andrew Golter in Lurgan Township, on February 7, 2014.
Forrester, DeCarlo and Wright were detained pending trial. Gries and Stouffer were temporarily detained pending a detention scheduled for April 2, 2014.
According to the U.S. Attorney’s Office, Franklin County Coroner Jeffrey R. Conner determined that the cause of Mr. Golter’s death was the result of heroin toxicity.
“This case was initiated as the result of the heroin overdose death in Franklin County. Heroin overdoses are an all too common occurrence. Between 2009 and mid-2013, Franklin County had 5 heroin related overdose deaths, and there were 25 in Cumberland County during the same period,” said Drug Enforcement Administration Special Agent in Charge David G. Dongilli. “This is due in part to its availability and the fact that it has never been cheaper or more potent. Heroin doesn’t just kill people; it causes serious health problems, breaks up families, and destroys communities. DEA will continue to aggressively target traffickers and distributors bringing heroin and other drugs, including highly addictive prescription pain medications, into our communities.”
Gries, Forrester and Stouffer each face a mandatory minimum of 20 years’ imprisonment and a statutory maximum of life imprisonment for the drug trafficking offenses. DeCarlo and Wright face a statutory maximum of 40 years’ imprisonment.
This case is being jointly investigated by the Drug Enforcement Administration, the Shippensburg Police Department, the Pennsylvania State Police, the Cumberland County Drug Task Force, the Cumberland County District Attorney’s Office, the Franklin County District Attorney’s Office and the Office of the Franklin County Coroner. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Former Smith County Deputy Sentenced for Federal Drug ViolationsRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 39-year-old Tyler, Texas former sheriff’s deputy has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Kimbrick Bernard Jones pleaded guilty on Oct. 8, 2013, to conspiracy to possess with intent to distribute and distribution of more than 50 grams of methamphetamine and less than 28 grams of crack cocaine and was sentenced to 72 months in federal prison on Mar. 25, 2014 by U.S. District Judge Leonard E. Davis.
According to information presented in court, from 2012 up until July 10, 2013, jones, who had been employed by the Smith County Sheriff’s Office for about 10 years, admitted to having distributed over 50 grams of methamphetamine and less than 28 grams of crack cocaine while on duty as a Smith County Deputy Sheriff. Jones was indicted by a federal grand jury on July 25, 2013.
This case was investigated by the Federal Bureau of Investigation, Smith County Sheriff’s Office and the Texas Rangers and prosecuted by Assistant U.S. Attorneys Richard Moore and Jim Middleton.
####Former Real Estate Broker Arrested on Fraud ChargesRead the Press Release
BOSTON – A Mansfield man was arrested Monday and arraigned in U.S. District Court in Boston on Tuesday, March 24 on charges that he defrauded a married couple out of nearly $200,000 in connection with alleged real estate transactions.
Michael David Scott, 48, was indicted on five counts of wire fraud. Scott is currently awaiting a June 2, 2014 trial in federal court involving unrelated mortgage frauds charges. U.S. District Court Magistrate Judge Marianne B. Bowler ordered Scott detained pending further proceedings.
The Indictment alleges that from 2001 to 2013, while Scott was a real estate broker, he collected $199,000 as deposits for the purchases of three properties by a husband and wife. Although Scott promised to hold the funds in escrow, he instead spent them for his own use. It is also alleged that Scott knew two of the deals fell through and personally participated in the sale of the third property to someone else, but refused to refund the deposits to the victims.
If convicted, Scott faces a statutory maximum sentence for wire fraud of 20 years in prison, five years of supervised release and a $250,000 fine.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. The case is being prosecuted by Victor A. Wild and Ryan M. DiSantis of Ortiz’s Economic Crimes 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.
Former Police Officer from Oklahoma Pleads Guilty to Distributing and Possessing Child PornographyRead the Press Release
ALBUQUERQUE – Robert Mullen, 60, a former officer with the Lawton, Okla., Police Department who now resides in Albuquerque, N.M., pleaded guilty this morning to distribution and possession of visual depictions of minors engaged in sexually explicit conduct.
Mullen was arrested on Dec. 17, 2013, by Special Agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. On Jan. 15, 2014, Mullen was indicted and charged with distribution of child pornography and possession of child pornography. The indictment alleged that Mullen committed these two offenses between Aug. 2013 and Dec. 2013, in Bernalillo County, N.M. During today’s proceedings, Mullen entered a guilty plea to both counts of the indictment
According to court filings, in Aug. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Mullen at a residential address in west side of Albuquerque.On Dec. 11, 2013, HSI, the Albuquerque Police Department (APD) and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a state search warrant at the residence and seized a computer and computer-related media. A preliminary forensic examination of a computer taken from a bedroom used by Mullen recovered images and videos consistent with child pornography.
Mullen has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Mullen faces a federal prison sentence of not less than five years and not more than 20 years. Mullen will be required to register as a sex offender after he completes his prison sentence.
This case was investigated by the Albuquerque office of HSI, the NMAGO, APD and other agencies affiliated with the New Mexico ICAC Task Force. The case 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/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former JCCEO Executive Director Sentenced to Two Years in Prison for Stealing from Non-profit Community AgencyRead the Press Release
BIRMINGHAM – U.S. District Judge L. Scott Coogler today sentenced the former executive director of the Jefferson County Committee for Economic Opportunity to two years in prison for stealing close to $500,000 from the non-profit organization, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
RUTH GAYLE CUNNINGHAM, 64, was executive director of JCCEO for more than 20 years before resigning the job last March. She pleaded guilty in September to theft from a government program that received more than $10,000 in federal funding or assistance. Her daughter, Kelli E. Caulfield, 31, pleaded guilty last year to conspiring with her mother to defraud JCCEO. Cunningham paid $492,195 in restitution to JCCEO, which was part of her plea agreement with the government, before today's sentencing. She must report to prison April 28.
JCCEO is a community action agency that administers programs, including Head Start, for low-income and disadvantaged residents. Between late 2008 and April 2010, while Cunningham and her daughter were running fake invoices through the agency and using agency funds to pay mortgages on personal investment properties, JCCEO was paying Cunningham a salary of as much as $150,000, plus bonuses, benefits and retirement contributions.
"At the same time Cunningham was being showered with accolades, benefits, and praise for her work at the JCCEO, she was stealing funds which could have been used for community programs," the government said in its sentencing memorandum.
"Gayle Cunningham was able to steal money intended to help some of the most vulnerable members of our community because she traded on her long tenure at JCCEO to receive broad discretionary powers from its board," Vance said. "She and her daughter exploited that authority to steal nearly a half million dollars from the agency. As a result, training programs lagged, Head Start buses were not replaced, and classroom computers were running on obsolete, unsupported operating systems," she said. "Prison is deserved for this type of abuse of trust and misuse of federal funds."
"Today's sentence should send the message that regardless of who you are or the position that you hold, you cannot abuse the public trust and steal federal funds," Schwein said. "The public can expect that the FBI will continue to aggressively investigate public corruption at all levels."
According to court records, Cunningham used JCCEO funds in 2009 and 2010 to make monthly mortgage payments on at least three residential properties she owned, and at least five residential properties her daughter owned, in Jefferson and Shelby counties. Cunningham also used JCCEO funds to pay property taxes on one of those properties, a house in Chelsea that she bought in 2007 with a mortgage loan of more than $1 million.
Cunningham also paid $293,413 in JCCEO funds to companies her daughter owned, and to other contractors, for claimed repairs or renovations to the women's properties. Caulfield created the invoices for repair services that never were performed, and she disguised her ownership in many of the companies, according to the government's sentencing memorandum. The checks were drawn from the JCCEO operating account and allocated to the agency's Housing Revitalization Program.
Caulfield crafted the invoices for amounts less than $5,000 to prevent the need for a second signature by a member of the JCCEO board. As executive director, her mother had check-signing authority up to $5,000.
The FBI discovered the fraud at JCCEO while investigating allegations of a mortgage fraud scheme. That investigation led to federal prosecutors' charges against Cunningham and Caulfield, as well as to charges against a real estate investor and a mortgage broker of conspiracy to defraud federally insured financial institutions. Cunningham and Caulfield bought most of the properties that later became part of their scheme to defraud JCCEO from the investor, Robert Paul Hollman.
Hollman pleaded guilty in September and is scheduled for sentencing April 2.
The government's sentencing memorandum argues that Cunningham and Caulfield have "improperly characterized themselves as victims in the real estate transactions with Hollman." Cunningham has a history of buying real estate and, on all the purchases from Hollman, the loan applications and mortgage documents show Cunningham and her daughter signed and willingly entered the contracts, the memo states.
It also challenges a claim in Cunningham's own sentencing memorandum that, during meetings she had with JCCEO Board Chairman T.L. Lewis, it was suggested she use the agency's Housing Revitalization Program funds to pay her personal mortgages.
Lewis told investigating agents that Cunningham and Caulfield never were authorized to use JCCEO money to pay personal mortgages.
"Cunningham's statement that she had approval from the chairman of the board is a completely self-serving statement that is unsupported by the evidence," the government memorandum states. "These attempts by Cunningham to legitimize her actions and mitigate the need for a custodial sentence by pointing the finger at Dr. Lewis are contrary to the facts and evidence and furthermore are contrary to her acceptance of responsibility," it states.
The FBI investigated the case. Assistant U.S. Attorney Robin Beardsley Mark is prosecuting the case.Former Eldersburg Postal Worker Guilty of Falsely Claiming Injuries to Obtain Federal Worker’s Compensation BenefitsRead the Press Release
False Disability Claims Exposed by Diligent Investigators
Baltimore, Maryland – Christopher Michael O’Brien, age 40, of Eldersburg, Maryland pleaded guilty today to making false statements to obtain federal employee’s compensation.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Paul Bowman of the U.S. Postal Service, Office of Inspector General (USPS-OIG ), Capital Metro Area Field Office.“Diligent federal agents brought Christopher O’Brien’s long-running disability scam to an end by following him on several occasions to determine that his injury claims were fraudulent,” said U.S. Attorney Rod J. Rosenstein. “Government employees who make false disability claims must be held accountable for defrauding taxpayers.”
According to his plea agreement, from 1998 through 2014, O’Brien worked for the U.S. Postal Service as a letter carrier. On March 25, 2008, O’Brien signed a form stating that he had injured his lower back when picking up a tub containing mail at the Derwood Branch of the Rockville, Maryland post office where he worked as a carrier technician. From that date through November 2013, O’Brien received over $212,420.12 in lost wages benefits from the alleged injury. During this period, O’Brien represented that he was unable to perform household chores, such as lawn maintenance, or resume full duty work due to severe pain and physical limitations resulting from his injury. Medical documents submitted to the Labor Department by physicians and medical professionals treating O’Brien’s injury indicated that he wore a back brace, used a cane, consistently limped and complained of persistent pain during medical examinations.From May 2012 through August 2013, USPS-OIG agents periodically observed and video recorded O’Brien walking briskly; jogging; bending; twisting; kneeling; squatting; lifting items weighing over 100 pounds; driving family members; performing household chores and yard maintenance, such as dog walking, pushing/pulling and turning a lawn mower, carrying and operating a weed line trimmer, carrying and operating a leaf blower; and regularly using dumbbells, barbells, stationary cycles and treadmills at a gym located in Eldersburg. During this time, except for the interview on July 30, 2013 described below, agents did not observe O’Brien wearing a back brace or using a cane.
The Postal Service periodically contacts claimants concerning their capability to return to full or limited duty. On July 30, 2013, O’Brien was interviewed at the Baltimore Post Office. Prior to the interview, agents saw O’Brien walking with no apparent disability from his house to his vehicle parked in front of his house, and driving to the interview. When O’Brien arrived at the post office, agents saw him walk slowly with a limp as he entered the building. O’Brien completed a form in which he maintained that he could not kneel, squat, climb and bend, and that he could not stand and walk for more than 10 minutes and could not sit for more than 15 minutes.
During the interview, O’Brien said that: he wears a back brace all the time when outside of his house; his wife drove him to the interview; he does not go to a gym; he has not lifted more than 15 pounds; he cannot twist or bend at the waist; and he needs to hold onto something when squatting to lift an object from the floor. O’Brien further stated he has difficulty walking, does not jog, does not usually walk the dog, does no lawn work, cannot push a mower and does not operate a power trimmer.
Following the interview, O’Brien was observed walking slowly with a limp from the post office to his vehicle, and driving away. Agents later observed O’Brien park in front of his house and walk into his home without a limp, carrying a back brace in his hand. On the day before and after the interview, agents saw O’Brien exercising at his gym, lifting dumbbells and walking on the treadmill.
On November 7, 2013, O’Brien admitted to USPS-OIG agents during an interview that he has not needed a cane since March 2010 and has not used a back brace when driving, exercising at the gym and performing yard work. O’Brien further admitted that he could have returned to work at the Postal Service in some capacity in March 2010 and that he misled his treating physicians and medical professionals in order to avoid returning to work.
The loss suffered by the Postal Service from May 2012 through November 2013 by O’Brien’s false statements is $80,647.25.
O’Brien and the government have agreed that if the Court accepts the plea agreement O’Brien will be sentenced to six months in prison and six months of home detention as a condition of supervised release. O’Brien also agrees to pay restitution of $80,647.25, and to resign from employment, and not to seek future employment, with the U.S. Postal Service. U.S. District Judge Richard D. Bennett scheduled sentencing for May 15, 2014 at 11:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Service OIG for its work in the investigation and thanked Assistant U.S. Attorney Ayn B. Ducao, who is prosecuting the case.Former Bank Teller Convicted of “inside Job” in Three Bank RobberiesRead the Press Release
PHOENIX –Joel Leon Thomas, Jr., 23, of El Mirage, Ariz., was found guilty of three counts of conspiracy to commit bank robbery, two counts of aid and abet armed bank robbery, one count of aid and abet bank robbery, and two counts of using a firearm in furtherance of a crime of violence by a federal jury in Phoenix. The case was tried before U.S. District Judge David G. Campbell from March 12-24, 2014. Thomas is being held in custody after trial. Sentencing is set before Judge Campbell on July 7, 2014.
The evidence at trial showed that Thomas, a bank teller at the time of the robberies, provided inside information to his co-conspirators about bank security measures and bank layouts to craft plans to rob three banks in January – February 2012. The conspiracy targeted banks Thomas worked at in the Surprise, Sun City, and Peoria areas. Thomas orchestrated two bank robberies at gunpoint, and in one of those robberies, he posed as a victim bank teller as he loaded $246,000 from the vault into a duffel bag for the armed gunman, his friend. In a third bank robbery, the conspiracy recruited two homeless men to commit a “note job” where they demanded money from a victim bank teller inside a busy grocery store and turned over the money to Thomas and other conspirators. After obtaining search warrants, police seized approximately $150,000 in stolen bank money, firearms, ammunition, bank robbery demand notes, and a hand-drawn diagram of a bank from the residences and cars of Thomas and others charged in the conspiracy. Five others were charged and pleaded guilty in the conspiracy.
The jury specifically found that in two of the bank robberies, a co-conspirator moved a victim bank employee against his consent, and that the co-conspirator brandished guns during the robbery.
A conviction for conspiracy to commit bank robbery carries a maximum penalty of five years, a $250,000 fine or both. A conviction for aid and abet armed bank robbery carries a minimum penalty of 10 years and a maximum penalty of 25 years, a $250,000 fine, or both. A conviction for aid and abet bank robbery carries a maximum penalty of 20 years, a $250,000 fine, or both. A first conviction for use of a firearm in furtherance of a crime of violence contains a minimum penalty of seven years in prison to a maximum penalty of life in prison, and a second conviction carries a minimum penalty of 25 years to a maximum penalty of life in prison, and both must be served consecutively to any prison term Thomas receives for the other crimes.
The investigation in this case was conducted by the Federal Bureau of Investigation and the FBI’s Bank Robbery Task Force, the Peoria Police Department, the Surprise Police Department, and the Tempe Police Department. The prosecution was handled by Jennifer E. Green and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-00523-002-PHX-DGC
RELEASE NUMBER: 2014-018_ThomasFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Former Albuquerque Police Department Officer Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Nelson Begay, 32, of Albuquerque, N.M., pleaded guilty today to a receipt of visual depictions of minors engaged in sexually explicit conduct charge. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and New Mexico Attorney General Gary K. King.
Begay was arrested on Nov. 13, 2013, on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. Shortly before his arrest, Begay resigned from his position as an officer of the Albuquerque Police Department.
On Dec. 4, 2013, Begay was indicted and charged with two counts of receipt of child pornography and one count of possession of child pornography. The indictment alleged that Begay received child pornography in Nov. 2012 and April 2013, and that he possessed child pornography in Nov. 2013, in Bernalillo County, N.M.
According to court filings, in Sept. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Begay at a residential address in northeast Albuquerque.
Court records reflect that on Nov. 7, 2013, HSI and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Begay’s residence and seized computers and computer-related media. A forensic examination of a laptop computer taken from a bedroom used by Begay recovered images consistent with child pornography.
During today’s hearing, Begay entered a guilty plea to count 1 of the indictment charging him with receipt of child pornography. In his plea agreement, Begay admitted that on Nov. 1, 2012, he used file-sharing software to download and share child pornography, including a video that was almost 30 minutes in duration that was a compilation of many video clips of minors performing various sexual acts.
Begay has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Begay faces a maximum federal prison sentence of not less than five years and not more than 20 years. Under the terms of his plea agreement, Begay will be required to pay $1000 in restitution to one of the victims whose image appears in the aforementioned video. Begay also will be required to register as a sex offender after he completes his prison sentence.
This case was investigated by the Albuquerque office of HSI, the NMAGO, and other members of the New Mexico ICAC Task Force, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.