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7 May 2014
Florida Men Indicted for Synthetic Drug DistributionRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Harmeet Singh (39, Windermere); Cean Al Najjar (33, Palm Harbor); and Michael Petrucci (49, Tampa) with conspiring to distribute, and distributing, controlled substance analogue AM2201. If convicted on all counts, each faces a maximum penalty of 40 years in federal prison.
The indictment also notifies the individuals that the United States intends to forfeit a money judgment of $13,145,032.65, representing the proceeds of the offenses, the contents of four bank accounts, which contain proceeds of, and helped to facilitate, the offenses, and two residences purchased with proceeds of the offenses.
According to the indictment, Singh, Al Najjar, and Petrucci allegedly conspired to distribute, and distributed a controlled substance analogue called AM2201 from at least March 1, 2011 until at least March 23, 2012, earning millions of dollars in the process.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Pinellas County Sheriff’s Office, the Seminole County Sheriff’s Office, and the Altamonte Springs Police Department. It will be prosecuted by Assistant United States Attorneys James A. Muench and Natalie Hirt Adams.
This case is a part of Project Synergy, an ongoing effort to target every level of the dangerous global synthetic designer drug market. While many of the designer drugs being marketed today that were seized as part of Project Synergy are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (CSAEA) allows many of these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance.
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Final Defendants Sentenced in Prison Gang Case Based in Central ValleyRead the Press Release
FRESNO, Calif. — The last defendants in a series of large cases targeting the Nuestra Familia prison gang were sentenced in U.S. District Court this week, U.S. Attorney Benjamin B. Wagner announced. In total, 37 defendants were sentenced to federal prison, 18 of them to 10 years or more in prison. One defendant was sentenced to probation. They were sentenced for drug trafficking offenses committed to advance the Nuestra Familia gang.
On Monday, May 5, 2014, Jose Velez, 32, of Delano, was sentenced to 30 years in prison; Felipe Ramirez, 34, of Visalia, was sentenced to 28 years in prison; Christopher Medrano, 33, of Hanford, was sentenced to 12 years and seven months in prison; Raymond Avalos, 31, of Hanford, was sentenced to 20 years in prison; and Calixtro Israel Sanchez, 26, of Hanford, was sentenced to 12 years and seven months in prison.
On April 28, 2014, Shawn Michael Cameron, 38, of Hanford, was sentenced to 32 years in prison; Jonathan Mojarro, 24 of Hanford, was sentenced to 13 years in prison. On April 23, 2014, Richard Salas, 28, of Hanford, was sentenced to 20 years in prison. The federal charges were dismissed for four defendants in favor of significant state sentences.
All of the defendants in this case pleaded guilty to the charges and did not go to trial. They were members or associates of the Nuestra Familia (NF), a violent Hispanic prison gang based within the California prison system whose members exert control over street‑level Norteño gang members engaged in drug trafficking and violent crime throughout the Central Valley.
According to court documents, during 2009 and 2010, the NF trafficked in methamphetamine, distributing the drugs and collecting debts in Kings, Tulare, Kern, Stanislaus, Merced, Madera, and Fresno Counties. The NF obtained large shipments of methamphetamine from Mexico and distributed it among NF regiments throughout California and elsewhere. Some of the profits of the trafficking funded NF members in prison in order to maintain the NF’s power structure within the prison system.
“Numerous federal, state and local law enforcement agencies in this region came together to take on one of the most dangerous gangs in California,” said U.S. Attorney Wagner. “Our work is not done, but many of the most powerful members of the Nuestra Familia will be spending many years in federal prison in places far removed from the Central Valley.”“Organized prison gangs and other criminals who traffic drugs are responsible for increased violence in our communities,” stated Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Joseph M. Riehl. “This investigation is a prime example of teamwork and superior collaboration among many law enforcement agencies with a successful investigative conclusion and prosecution.”
“Today’s significant sentences demonstrate the success multi-agency Organized Crime Drug Enforcement Task Forces have in achieving the common goal in reducing violence and drug trafficking by taking offenders off the streets,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI. “The FBI is committed to ongoing unified collaboration with our partners to identify, disrupt, and dismantle violent gangs who pose a threat to safety and quality of life in our communities.”
“This investigation was an example of how successful we can be when local, state and federal agencies work together to investigate, arrest, and prosecute this level of criminal enterprise that penetrates our communities. We are very vigilant to make sure that when they attempt to take a hold in our communities in the future, we will be just as aggressive in the investigation and their arrest and prosecution," stated Carlos Mestas, Chief of Police, Hanford Police Department.
This case was the product of an extensive series of Organized Crime and Drug Enforcement Task Force (OCDETF) investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; Kings County Narcotic Task Force; the California Department of Justice; and the California Department of Corrections and Rehabilitation. Numerous local law enforcement agencies played key roles in the investigations, including the Police Departments of Hanford, Lemoore, Visalia, Los Banos, and Corcoran, the Kings County Sheriff’s Office, the California Highway Patrol, and the U.S. Marshals Service. Assistant United States Attorneys Kimberly A. Sanchez, Kathleen A. Servatius, and Melanie L. Alsworth prosecuted the case.
This was one of a series of NF cases prosecuted in the Eastern District of California. In two other cases completed in US District Court in Fresno in 2013, seven NF associates were each sentenced to between 10 and nearly 16 years for drug trafficking offenses. In the Sacramento division of the Eastern District, three more cases have resulted in additional prison sentences for NF leaders and associates. At least 16 people were sentenced to 10 years or more in the Sacramento federal cases. See attachments for more information.Felon Sentenced for Escaping from Federal PrisonRead the Press Release
MINNEAPOLIS— Yesterday in federal court, a 67-year-old Bloomington man was sentenced for escaping from a Federal Prison Camp in Duluth. United States District Court Judge Patrick J. Schiltz sentenced Gerald James Greenfield to an additional 18 months in federal prison.
Greenfield was serving a 50-month sentence for conspiracy to commit money laundering when he escaped from the prison facility in Duluth on March 30. The defendant was arrested on April 5 at a hotel in Burnsville.
This case was the result of an investigation by the United States Marshals Service and the Federal Bureau of Prisons. It was prosecuted by Assistant United States Attorney Manda M. Sertich.Felis Lusiano Romo Found Guilty in Federal CourtRead the Press Release
The United States Attorney's Office announced that on April 24, 204, in Billings, after a 2 day federal district court trial before U.S. District Judge Susan P. Watters, FELIS LUSIANO ROMO, a 32-year-old resident of Moses Lake, Washington, was found guilty of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and felon in possession of a firearm. He is currently detained pending sentencing.
Assistant U.S. Attorney Paulette Stewart presented evidence that in 2012 and 2013, Robert Armstrong operated a drug distribution enterprise between Moses Lake, Washington, and Sidney, Montana. Felis Romo was among those who supplied methamphetamine to Armstrong for re-distribution in the Bakken. The evidence disclosed that Armstrong had begun methamphetamine trafficking operations in the Sidney area in approximately April 2012 and the activities of Armstrong and his coconspirators continued until approximately September/October 2013. The conspiracy employed couriers who transported methamphetamine from the State of Washington to Montana. Sometimes the couriers drove the methamphetamine all the way to Sidney and other times the couriers met Armstrong, or his associates, mid-way---at Butte, Big Timber, and Livingston.
In early 2013, members of the Montana Division of Criminal Investigation (MDCI), the United States Drug Enforcement Administration (DEA), and the Sidney, Montana Police Department began to investigate Armstrong's drug trafficking organization. As part of the investigation, informants and an undercover MDCI agent made controlled purchases of methamphetamine from Armstrong and many of his associates in February and March, 2013.
In the summer of 2013, Armstrong's operation was faltering and Romo came to Sidney from Moses Lake to get things straightened out and take over for Armstrong as the organization's distributor in the Sidney/Bakken area.
A grand jury subsequently indicted Armstrong and several of his accomplices who have all since entered guilty pleas to trafficking charges.
Romo faces possible penalties of 40 years imprisonment, $5,000,000 in fines and 4 years supervised release.
Federal, State and Local Authorities Dismantle National Spice Distribution Organization Reaching into Colorado CommunitiesRead the Press Release
Indictments represent the most significant investigation to date in the United States regarding synthetic cannabinoid trafficking which resulted in more than 220 Spice-related emergency room visits and at least one death in Colorado last year.
DENVER – Following an eight month investigation by federal, state and local law enforcement, a federal grand jury in Denver has returned indictments charging nine individuals from across the country with conspiracy and drug distribution charges related to “Spice”. In addition to the federal indictment, state authorities led by the District Attorney’s Office for the 18th Judicial District (Arapahoe County) also sought and obtained an indictment charging many of the same defendants under Colorado state racketeering statutes. In addition, the Colorado Attorney General’s Office today announced the filing of a civil lawsuit under the Colorado Consumer Protection Act.
“Spice” is a common term for synthetic cannabinoids. From August through September 2013, there were 221 documented synthetic cannabinoid related emergency room visits in the Denver and Colorado Springs metro areas. At least one death has also been attributed to the illegal substance. There were hospitalizations in other states as well. The Colorado Department of Public Health and Environment (CDPHE) and the Centers for Disease Control and Prevention (CDC) initially investigated the outbreak of these emergency room visits, declaring an emergency health epidemic in 2013. In response to the crisis, federal, state and local law enforcement and prosecutors came together to identify solutions to protect the public, especially youth, from the purchase and use of Spice and other synthetic cannabinoid products.
The majority of “Spice” victims were between the ages of 12 through 29, with victims ranging in age from 12 to 70 years of age. Seventy-five percent of the victims were male. Local convenience stores and gas stations made retail sales of the spice products. In this case, investigators have determined that the original chemical product is sent to the United States from China. The indictment alleges the chemical was imported to Florida and received by defendant Daniel Bernier. In Florida the chemical was sprayed on a green vegetable substance. The chemical-coated substance was then packaged and shipped to both wholesalers and retailers in Colorado and throughout the United States.
The indictment alleges that the distribution was organized by defendant John Bowen and Bernier. They first operated under the name “The Really Cool Stuff Company”. After the product received negative media attention, the two defendants allegedly changed the distribution name to “Heart of Asia.” Creager Mercantile Company, run by defendant Donald Creager, III, was one of the wholesalers. Creager would then ship the product to local corner stores and gas stations in Colorado. He also allegedly distributed product to defendant Orlando Martinez’s business, “O’s Pipes and Tobacco.” Defendant James Johnson of Castle Rock was a salesperson working for The Really Cool Stuff Company and later Heart of Asia.
The defendants also shipped product to retail outlets in other states, including Avalon on 4th LLC, associated with defendant Kenneth Chastain in Wisconsin; Main Stop, Inc., associated with defendant Altaf Hussain in Illinois; and “Tobacco Hut,” associated with defendants Peter Karfias and Stephanie Christensen in Nebraska.
Defendants face charges ranging from conspiracy to defraud the United States and violate the Controlled Substances Act to distribution and possession with intent to distribute a controlled substance. Penalties range from not more than 5 years in federal prison up to not more than 20 years in federal prison, depending on the nature of the charge.
The investigation encompassed Colorado, Georgia, Florida, Alaska, Illinois, Texas, Wisconsin, Nebraska, Nevada, with documented distribution of synthetic cannabinoids from Heart of Asia to numerous additional states.
Law enforcement emphasized that no brand of Spice or similar products is safe. All synthetic cannabinoids are dangerous. No “Spice” products have been approved by the FDA, and may constitute controlled substances in violation of state and federal law.
Prosecutors from the 18th Judicial District have obtained a racketeering indictment against many of the same defendants named in the federal indictment. The 18th Judicial District grand jury returned an indictment naming five individuals as part of an enterprise engaged in a pattern of racketeering activity. Those people range from the national suppliers, to a large scale distributor in the Denver Metro area, and the owner of a retail establishment in Aurora. The source of supply for this enterprise would change the chemicals used in their drugs in an attempt to evade federal prosecution, however, Colorado law has prohibited the sale of any synthetic cannabinoids since 2011. Under Colorado state law, the defendants face a mandatory minimum of 8 years in prison.
In addition to the federal and state prosecutions, the Colorado Attorney General’s Office today announced the filing of a separate civil lawsuit against Orlando Martinez, owner of O’s Pipe and Tobacco (or “O’s Pipes and Tobacco” referenced earlier). Martinez and O’s Pipes is accused of violating the Colorado Consumer Protection Act by failing to disclose to consumers that their spice products were harmful and potentially illegal. This is the third spice lawsuit filed by the Colorado Attorney General, having previously sued Tobacco King in Longmont and Paymon’s in Aurora.
“Spice, bath salts, or whatever name this dangerous product goes by, is made up largely of synthetic chemicals imported from abroad without any safety oversight,” said U.S. Attorney John Walsh. “There is nothing natural or organic about it. Spice is a form of foreign-laboratory-produced poison, and has sent many users to the hospital, or even to the morgue. Just because a gas station or convenience store is selling it doesn’t make it legal, let alone safe.”
“This is the most significant synthetic drug investigation ever conducted by the Denver Field Division of DEA, and is part of an on-going international operation conducted by DEA,” said Barbra Roach, Special Agent in Charge of the DEA Denver Division. “The synthetic cannabinoids targeted, and those who would distribute them, posed dangerous health threats to the Denver community resulting in hundreds of hospitalizations and at least one death this past year. This 8 month investigation by federal, state and local authorities sets the example for cooperation in addressing new and developing hazards to the community.”
"Under the Colorado Consumer Protection Act, we are adding civil charges to the list of criminal charges O's Pipe and Tobacco and Orlando Martinez now face,” said Colorado Attorney General John Suthers. “Today's multi-state, multi-agency actions sends a strong message to all purveyors of spice that they will not profit from the sales of these dangerous and illegal synthetic cannabinoids that are harming the public.”
“Spice is poison and pain deceptively packaged as pleasure,” said 18th Judicial District Attorney George Brauchler. “Spice has hurt too many in our community and this coordinated effort by our different agencies demonstrates how seriously this drug is being treated at all levels of government. The danger of Spice is clear and those who continue to distribute it to our children and community should take heed that law enforcement will be relentless in pursuing justice in these matters.”
“Spice is an awful drug and a terrible threat to those who use it,” said Aurora Police Chief Dan Oates. “I am gratified by the efforts of the DEA and the role that the Aurora Police Department played in getting this dangerous drug and those that distribute it off the streets of our community.”
“Drugs that are produced and distributed outside the FDA’s oversight present the prospect of harm to the public’s health,” said Catherine A. Hermsen, acting special agent in charge, FDA’s Office of Criminal Investigations. “FDA-OCI appreciates the coordinated efforts of DEA and other law enforcement agencies to bring to justice all those who evade federal drug laws.”
“This case is a great example of effective collaboration between, local, state and federal law enforcement agencies resulting in the removal of dangerous drugs from our communities and ensuring individuals are held accountable for their actions,” said Castle Rock Police Chief Jack Cauley.
“This is a great example of law enforcement agencies working together,” said Stephen Boyd, Special Agent in Charge for IRS Criminal Investigation, Denver Field Office. “We play a unique role in federal law enforcement’s counter-drug effort in that we follow the money trail and deprive drug dealers of their profits and seize their assets.”
This case is being investigated by the Drug Enforcement Administration (DEA), the Food and Drug Administration Office of Criminal Investigation (FDA OCI), the Internal Revenue Service – Criminal Investigation (IRS CI), the ATF, the District Attorney’s Office of the 18th Judicial District, the Aurora Police Department, the North Metro Drug Task Force, the West Metro Drug Task Force, the Castle Rock Police Department, the Denver Police Department, the Lakewood Police Department, and the Colorado Department of Revenue.
The United States Attorney’s Office also commends the Colorado Attorney General’s office to remove Spice from the shelves of stores in Colorado.
The United States Attorney’s Offices for the Central District of Florida, the District of Nebraska, the District of Nevada, the Western District of Wisconsin and the Northern District of Illinois have provided substantial assistance in this matter as well.
This investigation is ongoing, and no further information outside of the indictment can or will be provided.
The defendants are being prosecuted by Assistant U.S. Attorneys Jaime Pena and James Russell, along with Deputy District Attorneys of Colorado’s 18th Judicial District.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
Federal Judge Convicts Kamiah Man of Assaulting OfficersRead the Press Release
COEUR D’ALENE — A federal magistrate judge in Coeur d’Alene convicted Robert Wesley Warden, 49, of Kamiah, Idaho, of five counts of assault for assaulting a Kamiah Marshal and two Nez Perce Tribal Officers, U.S. Attorney Wendy J. Olson announced. The defendant elected to have the assault charges heard by the court, without a jury.
During the trial, United States Magistrate Judge Candy W. Dale heard evidence that on September 15, 2012, a distressed child called 911 and reported that a man was beating her mother. The child’s mother also spoke to the 911 dispatcher, and reported that Warden had been physically assaulting her. The 911 dispatcher asked Nez Perce Tribal Police and a Kamiah Marshal to respond to the emergency.
Judge Dale heard evidence that the first person to arrive at the scene was a Kamiah Marshal. The Kamiah Marshal learned that Warden had fled the scene and the Marshal stayed with mother and child while waiting for Nez Perce Tribal Police to arrive from another city. Before Nez Perce Tribal Police arrived, Warden returned to the residence. The Kamiah Marshal met Warden outside and told him he was being detained until the arrival of the Nez Perce Tribal Police. The defendant refused to cooperate and tried to pass the Kamiah Marshal, heading towards the woman and her child. The trial evidence showed that a struggle ensued when the Kamiah Marshal attempted to handcuff Warden. During that struggle Warden tried to bite the Kamiah Marshall.
Nez Perce Tribal Police arrived shortly after the struggle between Warden and the Kamiah Marshal ended. They arrested Warden and placed him in a patrol car. The trial evidence showed that Warden started kicking the inside of the patrol car. When Nez Perce Tribal Police Officers went to restrain Warden he attempted to kick one and bite another. He also spit on both officers. Because of this conduct, Warden was charged by federal indictment with five counts of assault.
“Law enforcement officers who respond to 911 calls for assistance often face emotionally charged and dangerous situations,” said Olson. “This office will not tolerate assaults on these officers who undertake their sworn duty to protect the public. Within Indian Reservations, where determining which agency has jurisdiction is often a difficult question, all persons have an obligation to comply with a law enforcement officer’s commands in the line of duty. I commend the witness officers involved in this case.”
The court found the defendant’s allegation of lack of jurisdiction by Officer Taylor of the Kamiah Marshall’s Office was not a defense to the assault and that Officer Taylor was reasonably there in response to a 911 call.
Each assault conviction is punishable by imprisonment for not more than six months, a fine of not more than $5000, and a special assessment of $10.
Warden is set for sentencing on August 19, 2014, before Judge Dale at the federal courthouse in Coeur d’Alene.
The case was investigated by the Kamiah Marshals, Nez Perce Tribal Police, and Federal Bureau of Investigation.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. — The results of the May 2014 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. The return of an indictment is a method of informing the defendant of alleged violations which must be proven in a court of law beyond a reasonable doubt to overcome the defendant’s presumption of innocence.
Eligio Cortez-Ayvar. Alien in the United States After Deportation. Cortez-Ayvar, 25, is charged with having returned to the United States unlawfully after being deported in April 2011 near Calexico, California. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Jose Duran-Olmos. Alien in the United States After Deportation. Duran-Olmos, 33, is charged with having returned to the United States unlawfully after being deported in July 2013 near Eagle Pass, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Abel Guerra-Morataya. Alien in the United States After Deportation. Guerra-Morataya, 33, is charged with having returned to the United States unlawfully after being deported in June 2006 near Brownsville, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Jose Jesus Hernandez-Flores. Possession with Intent to Distribute 500 Grams or more of Methamphetamine and Alien in the United States After Deportation. Hernandez, 32, is charged with possessing more than 500 grams of methamphetamine with intent to distribute. He is also charged with having returned to the United States unlawfully after being deported in March 2011 near Del Rio, Texas. If convicted, the statutory minimum mandatory penalty is ten (10) years imprisonment and the maximum statutory penalty is life imprisonment and a fine up to $10,000,000 for the drug charge. The maximum penalty for Hernandez-Flores being in the United States after deportation is twenty (20) years imprisonment and a fine up to $250,000. The Drug Enforcement Administration and Tulsa Police Department are the lead agencies.
Juan Herrera. Alien in the United States After Deportation. Herrera, 38, is charged with having returned to the United States unlawfully after being deported in December 2010 near Del Rio, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Alan Wade Hutchinson. Felon in Possession of a Firearm and Ammunition. Hutchinson, 32, of Inola, is charged with possessing a 9mm caliber pistol and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is ten (10) years imprisonment and a fine of $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the lead agency.
Matthew James Mathis. Felon in Possession of a Firearm and Ammunition. Mathis, 31, of Tulsa, is charged with possessing a 9mm caliber pistol and ammunition after a prior felony conviction. If convicted, the statutory maximum penalty is ten (10) years imprisonment and a fine of $250,000. The investigation is a joint effort of the Muscogee (Creek) Nation Lighthorse Police and the Bureau of Indian Affairs.
Josue Saldierna-Maldonado. Alien in the United States After Deportation. Saldierna-Maldonado, 26, is charged with having returned to the United States unlawfully after being deported in December 2012 near Laredo, Texas. If convicted, the maximum penalty would be twenty (20) years imprisonment and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the lead agency.
Federal Fugitive for over 23 Years Sentenced to 6 ½ Years in Prison for Drug TraffickingRead the Press Release
ROCKFORD — A former Freeport, Ill. man was sentenced today in federal court by U.S. District Judge Frederick J. Kapala on a federal drug trafficking charge. The defendant, ROBERTO ALVARADO, 61, was sentenced to 78 months in federal prison, to be followed by 5 years of supervised release. Judge Kapala ordered that at the end of his prison term, Alvarado, a citizen of Mexico, surrender to officials with Immigration and Customs Enforcement for deportation.
Alvarado had been arrested on Dec. 1, 1989, on a drug trafficking charge by FBI Special Agents. On Dec. 15, 1989, he was released on a $20,000 bond pending trial. However, Alvarado failed to appear for a court appearance on Sept. 18, 1990, and fled from Illinois. His bond was forfeited and the assets he had posted for bond were turned over to the United States. An arrest warrant was also issued for him. On June 28, 2013, Alvarado was a passenger in a car that was stopped in Montana by a State Police Trooper for speeding. The Trooper was able to identify Alvarado as being wanted by the FBI and took him into custody. Alvarado appeared before a federal magistrate who ordered that Alvarado be detained and transported to Rockford.
Once in Rockford, Magistrate Judge P. Michael Mahoney ordered that Alvarado be detained pending trial. Alvarado pled guilty to the drug trafficking charge on Dec. 4, 2013. In his plea agreement, Alvarado admitted that on Dec. 1, 1989, in Rock Falls, he had attempted to possess with the intent to distribute 1,414 grams of cocaine. At sentencing today, Judge Kapala noted the amount of time that Alvarado had spent as a fugitive and found it to be an aggravating factor in imposing the sentence.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
The government was represented by Assistant U.S. Attorney John G. McKenzie.
Federal Charges Filed Against 21 Alleged Members of Related Camden Drug Trafficking OrganizationsRead the Press Release
Camden’s C-4 Anti-Violence Team Arrests 16 in Coordinated Takedown
CAMDEN, N.J. – This morning, teams of federal, state and local law enforcement partners led by the FBI arrested 16 members of related drug trafficking organizations – bound by family and narcotics business relationships – that processed and distributed crack, powder cocaine and heroin on the streets of Camden County, U.S. Attorney Paul J. Fishman announced.
Based on criminal charges filed by the U.S. Attorney’s Office and executed through the cooperative work of the Camden County Crime Collaboration, or C-4, the arrests targeted a group of interconnected drug trafficking organizations (DTOs) operating primarily in the Whitman Park section of Camden. The complaints unsealed today charge 21 defendants in two separate DTOs: one allegedly led by Efraim Rivera (the Rivera DTO), and the second involving two groups run by the Roldan and Ramos families – allegedly led by cousins Raymond Roldan and Jerome “Ant” Ramos – operated cooperatively on Sheridan Street as one organization (the Sheridan Street DTO).
In addition to the 16 defendants arrested today, two of the charged individuals, Dewayne Jackson and Mark Washington, were already in custody on state charges. Three more are being sought by law enforcement. Those arrested today are expected to appear this afternoon before U.S. Magistrate Judge Anne Marie Donio in Camden federal court.
“According to the charges, these individuals turned entire city blocks into distribution centers for narcotics,” said U.S. Attorney Fishman. “Relying on the bond of blood ties, they allegedly operated drug trafficking businesses as a family affair, sharing suppliers and street dealers in Camden and throughout South Jersey. Law enforcement is collectively committed to improving the quality of life of the people who live in these neighborhoods, who deserve freedom from drug trafficking and related violence.”
“This is the largest FBI takedown in Camden in a decade,” said Edward J. Hanko, Special Agent in Charge of the FBI’s Philadelphia Division, “and we’re not done yet. The FBI’s South Jersey Violent Offender and Gang Task Force, aided by our outstanding law enforcement partners, is committed to dismantling the violent drug gangs poisoning Camden’s streets.”
According to documents filed in this case and statements made in court:
In addition to providing drugs to distributors on Sheridan Street, the DTOs together controlled or supplied numerous drug distribution groups, or “sets,” throughout Camden with powder cocaine, crack and – through the Ramos group – heroin. They also supplied other narcotics distributors, who sold the DTOs’ drugs throughout Camden County, including in Lindenwold, Sicklerville and Gloucester City.
Many of the DTOs’ members are relatives, and the Roldan and Ramos groups live in close proximity to one another on Sheridan Street. While the Roldan and Ramos groups each ran their own open-air drug sets along three blocks of Sheridan Street, they shared territory, set workers and suppliers, and used the same locations to process powder cocaine into crack cocaine.
An investigation led by the FBI used surveillance, confidential informants and cooperating witnesses, controlled drug purchases, record checks and telephone wiretaps to uncover the distribution networks.
Just during the time period of the wiretap – from Dec. 4, 2013 to March 4, 2014 – the Rivera DTO trafficked at least 225 ounces and the Sheridan Street DTO trafficked more than 50 ounces of powder cocaine. During the same period, the Rivera DTO trafficked approximately 24 ounces of crack. The Sheridan Street DTO sold more than 36 ounces of crack during a similar time frame – ending April 16, 2014 – during which the Ramos group also trafficked a minimum 325 grams of heroin, making approximately $1,800 a day on heroin alone.
“It is the continuing cooperative efforts of federal, state and county law enforcement agencies that have had a significant impact on the crime rate in Camden and made the city a safer place for its citizens, “said Camden County Prosecutor Warren Faulk. “Today’s arrests are just a part of these continuing efforts.”
“The Camden County Crime Collaboration is a collaboration of law enforcement agencies leveraging resources and intelligence to remove the most violent drug gang organizations from the streets in our region,” said Camden County Police Chief J. Scott Thomson. “Today’s arrest signals the end to a drug gang that has influenced violence in the Whitman Park neighborhood, one of Camden’s most challenged sections with gun violence. I am extremely grateful to the leadership of the U.S. Attorney’s Office of New Jersey for their stewardship of our C-4 efforts.”The Rivera DTO acquired and distributed powder cocaine to the Sheridan Street DTO, which then processed the powder into crack for sale at open-air drug sets it controlled. The DTOs maintained various stash houses; rented cars to conduct drug-related business; moved around different locations to manufacture crack; and employed coded language when conducting drug business by phone or text messaging.
Efraim Rivera primarily operated the Rivera DTO from his mother’s residence on Liberty Street in Camden, taking telephone orders for both powder and crack cocaine. He regularly travelled to Philadelphia, sometimes as often as three times a week, to purchase multiple-ounce quantities of cocaine from an uncharged conspirator who was Rivera’s source of supply. The Rivera DTO then sold the powder cocaine to the Sheridan Street DTO and to other customers. Some of the Rivera DTO’s customers then supplied powder or crack to Dymiere Demby, Dewayne Jackson and Daniel Alston for sets at 10th and Warsaw Streets, Green and Mechanic Streets, and Lindenwold, respectively.
The Sheridan Street DTO would then convert the powder cocaine to crack, which would be sold on the open-air drug markets respectively controlled by the Roldan and Ramos groups, or to other drug distributors, who supplied other drug traffickers or sets in and beyond the city of Camden. The Rivera DTO would purchase Sheridan Street DTO crack made from the same cocaine it sold to the Roldan group. Rivera’s DTO crack customers included Rivera’s relatives, Angel “Jungo” Garcia and Angel Velez, who would redistribute the crack.
When Raymond Roland was unable to obtain powder cocaine from the Rivera DTO, he turned to other suppliers, such as Luis “Canelo” Diaz, who also supplied the Rivera DTO. Roldan worked closely with his cousin “Ant” Ramos. The two maintained regular contact and reached out to each other when attempting to locate sources of supply. Roldan was assisted in the day-to-day operation of his group by his sister, Daisy Roldan, and her son, Anthony “Boo Boo” Esprit, who facilitated meetings with suppliers and customers, transported narcotics and collected drug proceeds.
“Ant” Ramos was assisted by his brothers Giovanny “Gio” Ramos and Alexsio “Al” Ramos, who, along with Jimmy Mercado, “cooked” the crack and processed the powder cocaine, crack cocaine and heroin for sale. Intercepted telephone conversations captured the coordination among the Ramos group members as they discussed materials including ammonia, sandwich bags, masks and grinders.
The Roldan and Ramos groups shared set workers, such as Christian Setzer and Graciano “Rocky” Diaz, who made walk-up sales on Sheridan Street.
Calls were intercepted between Sheridan Street DTO members referring to being armed with guns and having a “strap” or gun on their person. One DTO member stated, “at the end of the day, I’m shooting.” One DTO member stated in an intercepted conversation that he had just come from the gun range.
The defendants involved with the Rivera DTO each are charged with one count of conspiracy to distribute and to possess with intent to distribute 280 grams or more of crack and 5 kilograms or more of cocaine; the members of the Sheridan Street DTO each are charged with one count of conspiracy to distribute 280 grams or more of crack; 500 grams or more of cocaine; and 100 grams or more of heroin. Raymond Roldan, Luis Diaz and Efraim Rivera each are charged with both counts. Each count carries a minimum potential penalty of 10 years in prison and a maximum potential penalty of life in prison and a $10 million fine.
U.S. Attorney Fishman credited special agents of the FBI’s Philadelphia Division and the South Jersey Violent Offender and Gang Task Force, under the direction of FBI Special Agent in Charge Hanko; the Camden County Prosecutor’s Office, under the direction of Prosecutor Faulk; and the Camden County Police Department – Metro, under the direction of Chief Scott Thomson, with the investigation – as well as the Camden County Sheriff’s Office, under the direction of Sheriff Charles Billingham; the New Jersey State Police, under the direction of Col. Rick Fuentes; and the Gloucester County Prosecutor’s Office, under the direction of Prosecutor Sean Dalton. He also thanked other members of C-4, the Philadelphia/Camden High Intensity Drug Trafficking Area program and the New Jersey Division of Criminal Justice for their roles in the case.
The government is represented by Special Assistant U.S. Attorney Ira M. Slovin of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
This case was developed through the work of C-4. Every federal, state and local law enforcement agency and prosecutor’s office responsible for combating drug trafficking, gang activity and violent crime in Camden has come together in one location to share intelligence, develop strategies and support the investigative and prosecutorial efforts of its partners. C-4 has merged the individual missions of the various law enforcement agencies into a single strategic attack on drug trafficking and drug-related violent crime. Such intense coordination greatly enhances the law enforcement community’s ability to correctly identify and successfully prosecute the most dangerous criminals in one of our nation’s most dangerous cities.
Name
Age
Residence
Alleged Role
33
Camden
Leader, Rivera DTO
Supplier, Sheridan Street DTORaymond Roldan
38
Camden
Leader, Roldan group
Supplier, Rivera DTOJerome Anthony Ramos, aka “Ant”
28
Camden
Leader, Ramos group
Uncharged conspirator
Supplier, Rivera DTO
Luis Diaz, aka “Canelo”
42
Camden
Supplier, Rivera DTO
Supplier, Sheridan Street DTORamon Diaz, aka “Paluco”
44
Camden
Facilitator, Sheridan Street DTO
Daisy Roldan
36
Camden
Facilitator, Roldan group
Anthony Esprit, aka “Boo Boo”
18
Camden
Facilitator, Roldan group
Alexsio Ramos, aka “Al”
25
Camden
Facilitator, Ramos group
Giovanny Ramos, aka “G”
20
Camden
Facilitator, Ramos group
Jimmy Mercado, aka “J.I.”
26
Camden
Facilitator, Ramos group
Christian Setzer. aka “Hitstick”
33
Camden
Set Worker, Roldan and Ramos groups
Graciano Diaz, aka “Rocky”
26
Camden
Set Worker, Roldan and Ramos groups
Angel Garcia, aka “Jungo”
36
Camden
Customer/Redistributor, Rivera DTO
Ali Alexander, aka “Ali Al”
35
Camden
Customer/Redistributor, Rivera DTO
Angel Velez
32
Camden
Customer/Redistributor, Rivera DTO
Daniel Alston, aka “Boo”
33
Camden
Customer/Redistributor, Rivera DTO
Dymiere Demby
23
Camden
Customer/Redistributor, Rivera DTO
Giovanny Carrero
34
Camden
Customer/Redistributor, Rivera DTO
Dewayne Jackson
45
Camden
Customer/Redistributor, Rivera DTO
Mark Washington, aka “Burger”, aka “BG”
27
Camden
Customer/Redistributor, Ramos group
Eric Rivera, aka “E”
27
Camden
Customer/Redistributor, Ramos group
14-156
Rivera DTO Complaints
Sheridan Street DTO Complaints
Rivera and Sheridan Street DTO Complaints Attachment BEnglish Language School Owner Sentenced for Immigration FraudRead the Press Release
ATLANTA – Dong Seok Yi, the former head of College Prep Academy in Duluth, Ga., and a co-conspirator have been sentenced for bringing illegal aliens into the country and issuing them fraudulent immigration documents.
“This defendant’s fraud scheme exploited a federal program that offers valuable educational opportunities to foreign students, and he instead took advantage of this program for his own personal gain,” said United States Attorney Sally Quillian Yates. “It’s especially disappointing when someone victimizes a program like this that is designed to give foreign students a beneficial educational experience.”
“The Student and Visitor Exchange Program provides foreign students with a valuable opportunity to be educated in the United States,” said Brock D. Nicholson, special agent in charge of Homeland Security Investigations (HSI) in Atlanta. “By abusing the system to disguise workers as students, the defendant and his co-conspirators sought to enrich themselves and have damaged the educational experience of their legitimate students. HSI and our partners at the FBI will continue to work together to bring those who attempt to undermine the integrity of our immigration system to justice.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “These defendants took advantage of the generous student studies programs offered by the United States to instead engage in alien smuggling. This sentencing will afford these defendants the time and opportunity to reflect upon their criminal actions.”
According to United States Attorney Yates, the charges and other information presented in court: Dong Seok Yi was the President and CEO of an English language school named College Prep Academy (CPA). He also owns the Korean Times Atlanta, a newspaper company. In 2009, Yi filed an application with the U.S. Department of Homeland Security, Student and Exchange Visitor Program, and obtained approval for CPA to enroll foreign-born students and issue I-20 forms, which enable students to stay in the United States. Foreign-born students who are issued I-20s from universities and other institutions of higher education can get F-1 student visas permitting them to remain in the United States during the time of their schooling.
Once Yi obtained Student and Exchange Visitor Program certification for CPA, he and his co-defendants began facilitating the issuance of F-1 student visas to foreign-born individuals who were not entitled to, or eligible for, the visas. Yi conspired with Korean bar owners to enroll females into the school with the understanding that the females would not attend classes as required but would instead work in the bars, which are also known as room salons. CPA issued the females fraudulent I-20s that included false financial information.
Co-defendant Sook An Kil, a/k/a Stacy Kil, 42, of Duluth, Ga., who was the Academic Coordinator and Designated School Official for CPA, signed the I-20s under penalty of perjury. She also certified in the Student and Exchange Visitor Information System, a computerized system maintained by the Department of Homeland Security, that CPA’s “students” were active and attending class even though many never attended. Student and Exchange Visitor Information System records show that the school claimed enrollment of up to 100 students when less than half that number were attending class. Many simply began living and working in the country after obtaining a student visa from CPA.
Yi, 53, of Duluth, Ga., and co-defendant Chang Seon Song, 52, of Suwanee, Ga., the former Academic Director for CPA, referred individuals to another co-defendant, Sang Houn Kim a/k/a Chris Park, 54, of Diamond Bar, Calif., to obtain false documents to support their F-1 visa applications. Kim manufactured and provided fraudulent passports, I-94 forms, school transcripts, bank statements, family registries, and other false documents to illegal immigrants to use in support of applications for F-1 visas. Kim charged the aliens thousands of dollars for the fraudulent documents. Yi and CPA profited by charging thousands in quarterly tuition payments for maintaining the immigrant on the student rolls.
Yi was sentenced to one year, ninth months in prison. Kim was sentenced to one year in prison by United States District Judge Orinda D. Evans. Both defendants were sentenced to three years of supervised release. The Court also ordered the forfeiture of $36,867 from the bank accounts associated with the school, which were seized at the time of the defendants’ arrests and the execution of a federal search warrant at the school. On February 7, 2014, Yi was convicted of immigration document fraud after pleading guilty. On January 8, 2014, Kim was convicted of conspiring to commit immigration document fraud after pleading guilty.
Song and An Kil are scheduled to be sentenced by Judge Evans on July 1, 2014, at 3:00 p.m. Both have pleaded guilty to conspiring to commit immigration document fraud. In determining the sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Assistant United States Attorneys Stephen H. McClain, Susan Coppedge, and G. Jeffrey Viscomi are prosecuting the case.
This case is being investigated by Special Agents of the United States Department of Homeland Security, Homeland Security Investigations, and the Federal Bureau of Investigation.
Given the enforcement action against College Prep Academy’s owner, designated school official, and academic director, investigators have been working with the U.S. Department of State – Consular Affairs Section to provide legitimate and prospective students with information regarding their options for maintaining their F-1 status. Students were given the option of enrollment and transfer to another accredited educational program or returning to their home countries voluntarily.
For further information please contact the U.S. Attorney’s Public Information Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
El Paso Man Pleads Guilty to Production of Child PornographyRead the Press Release
In El Paso, 48-year-old Tomas Steven Quinones faces between 15 and 30 years in federal prison after pleading guilty earlier today to one count of production of child pornography announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Dennis Ulrich.
On August 29, 2013, HSI agents executed a search warrant at the defendant’s residence and seized over 90 assorted computers, accessories and other miscellaneous items including laptop computers, desktop computers, computer hard drives, thumb drives, memory sticks, flash drives, CDs, DVDs and VHS tapes. During an on-site forensics examination of the seized items, authorities discovered hundreds of image files and video files which are indicative of child pornography. By pleading guilty, Quinones admitted to producing a video in December 2010 which contained child pornography. Specifically, Quinones admitted to knowingly persuading and enticing two minors to take part in sexually explicit conduct for the purpose of producing a video depiction of such conduct. Quinones is seen and heard throughout the video instructing the children on how to have sex.
Quinones remains in federal custody pending sentencing. No sentencing date has been scheduled.
Assistant United States Attorney Rifian Newaz is prosecuting this case on behalf of the Government.El Departamento de Justicia Resuelve una Queja de Discriminación Relacionada con Inmigración contra Master Klean JanitorialRead the Press Release
WASHINGTON - El Departamento de Justicia llegó a un acuerdo hoy con Master Klean Janitorial, una empresa con sede en Denver, en el cual se resuelven los reclamos de que la empresa cometió un patrón o práctica de peticiones discriminatorias para documentos basado en el estado de ciudadanía en violación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
La investigación del departamento se inició basada en una referencia del Servicio de Ciudadanía e Inmigración de los Estados Unidos. La investigación concluyó que Master Klean Janitorial sometió a los nuevos empleados que no eran ciudadanos estadounidenses, pero que contaban con autorización de trabajo, a exigencias ilegales de presentar documentos específicos emitidos por el Departamento de Seguridad Nacional para verificar su elegibilidad de empleo, mientras que a los ciudadanos estadounidenses se les permitía presentar los documentos de su elección. La provisión anti-discriminación de la INA prohíbe que los empleadores impongan cargas documentales adicionales a los empleados con autorización de trabajo durante el proceso de contratación y verificación de elegibilidad de empleo con base a su estado de ciudadanía u origen nacional. Esta práctica es comúnmente conocida como abuso de documento.
Conforme al acuerdo de resolución, Master Klean Janitorial pagará $75,000 en sanciones civiles a los Estados Unidos, participará en adiestramiento sobre la provision anti-discriminación de la INA, revisará sus políticas de verificación de elegibilidad de empleo, y estará sujeto a un período de monitoreo de sus prácticas de verificación de elegibilidad de empleo por un año.
"El Departamento de Justicia se compromete a eliminar obstáculos discriminatorios para aquellas personas con autorización de trabajo que no tienen ciudadanía estadounidense durante el proceso de verificación de elegibilidad de empleo," expresó la Sub-Procuradora General Interina para la División de Derechos Civiles, Jocelyn Samuels. "Estoy satisfecha que Master Klean Janitorial haya trabajado cooperativamente con el departamento para llegar a una solución amigable."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con Inmigración (OSC por sus siglas en inglés) es responsable de exigir el cumplimiento de la provisión anti-discriminación de la INA. La ley prohíbe, entre otras cosas, la discriminación con base al estado de ciudadanía y origen nacional en la contratación, despido o reclutamiento o referencia por comisión; abuso de documento; y represalias o intimidación. Para más información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración o para registrarse para un seminario de internet gratis, llame a la línea directa para trabajadores de la OSC al 1-800-255-7688 (1-800-237-2515, TTY para las personas con dificultades auditivas, llame a la línea directa para empleadores de la OSC al 1-800-255-8155 (1-800-237-2515, TTY) para las personas con dificultades auditivas, o visite el sitio web a www.justice.gov/crt/about/osc.
Los solicitantes o trabajadores que creen que han sido sometidos a requisitos documentales distintos o discriminación basada en su estado de cuidadanía, estado migratorio u origen nacional, en la contratación, despido, o reclutamiento o referencia, deben comunicarse con la línea directa para trabajadores indicada previamente para recibir ayuda.
East St. Louis Man Pleads Guilty to Armed Robbery, Gun ChargesRead the Press Release
Case Arose from Armed Robbery in Caseyville and Was One of Many Prosecuted by United States Attorney Wigginton’s Metro-East Armed Robbery Initiative
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced that Phillip W. Smith, 33, of East St. Louis, Illinois, pled guilty in federal district court in East St. Louis today to all three counts of an Indictment that charged Smith with “Hobbs Act Robbery” (which makes it a federal crime to obstruct, delay, or affect interstate commerce by robbery, or to commit an act of violence against a person in furtherance of such a robbery), possessing, brandishing, and discharging a firearm in furtherance of a federal crime of violence, and possession of ammunition by a felon.
Under the terms of a Plea Agreement filed with the Court, the Prosecution will recommend that Smith be sentenced to a term in federal prison of 300 months (25 years). Smith will also be subject to a term of supervised release of up to five years following his prison term, a fine of up to $250,000 for each count, and a $300 special assessment. Sentencing is set for August 26, 2014, at 9:00 a.m. in East St. Louis.
A Factual Stipulation filed with the Court states that Smith, after entering Ferguson Television and Satellite shop, in Caseyville, Illinois, on November 14, 2013, brandished a firearm and demanded money of “J.F.,” the proprietor of the shop. J.F. produced $42, which was property of the shop, which was engaged in interstate commerce. Smith fired the firearm at least nine times, and in doing so, caused J.F. to suffer twelve entry and exit wounds, which have left permanent scars.
Due to J.F.’s injuries suffered during the robbery, Ferguson Television and Satellite shop was forced to close for business for approximately two months – from November 14, 2013, through approximately January 15, 2014 – resulting in loss of business income for Ferguson Television and Satellite shop.
Smith was previously convicted of a federal felony on or about October 27, 2003 – Possession of a Firearm by a Felon.
Despite an intensive search by multiple police departments, the firearm used in this case was not recovered, but the nine spent rounds of 9mm ammunition were. That ammunition had been manufactured outside the state of Illinois and is the basis for the charge of Possession of Ammunition by a Felon.
United States Attorney Wigginton praised the swift and cooperative efforts of many Metro-East law enforcement agencies, as part of the Metro-East Armed Robbery Initiative, including members of the Caseyville Police Department, the Belleville Police Department, the Collinsville Police Department, the Brooklyn Police Department, the St. Clair County Sheriff’s Department, the Illinois State Police and the Federal Bureau of Investigation for their rapid response in this case. “Without this selfless and cooperative effort, this case may not have been solved. It is gratifying to see the outpouring of support that the brave men and women of law enforcement give in order to protect all of us in Southern Illinois.” he noted.
The case is being prosecuted by United States Attorney Stephen R. Wigginton and Assistant U.S. Attorney Stephen B. Clark.
Drug Traffickers Sentenced in Federal CourtRead the Press Release
The United States Attorney's Office announced that IRENE ALINA MICHELL and TYSHA LEANN MICHELL were sentenced for trafficking methamphetamine from Washington into Montana. IRENE ALINA MICHELL, age 33, of Great Falls, Montana, was sentenced to a term of 132 months imprisonment, five years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on May 1, 2014, before U.S. District Judge Brian M. Morris. On the same date, TYSHA LEANN MICHELL, age 35, of Great Falls, Montana, was sentenced to 60 months imprisonment, four years supervised release, and a special assessment of $100. The United States also forfeited cash proceeds and a vehicle used during the commission of the offense.
IRENE ALINA MICHELL and TYSHA LEANN MICHELL were sentenced in connection with their January 2013 guilty pleas to conspiracy to possess with the intent to distribute methamphetamine. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that Sylvia Martinez transported methamphetamine from Washington to Great Falls, Montana. On October 31, 2013, federal agents observed IRENE ALINA MICHELL and TYSHA LEANN MICHELL and others parked at a local hotel. Agents conducted surveillance and watched several members of the conspiracy distribute methamphetamine. After obtaining a federal warrant, authorities searched the hotel that IRENE MICHELL, TYSHA MICHELL, and others were using and discovered 297.4 grams of pure methamphetamine, as well as cash.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that IRENE ALINA MICHELL and TYSHA LEANN MICHELL will likely serve all of the time imposed by the court. In the federal system, prisoners have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This case was investigated by the Federal Bureau of Investigation, the United States Probation Office, and local law enforcement agencies.
District Woman Pleads Guilty to Manslaughter in Death of Her Infant SonDefendant Admits Drug Use, Also Pleads Guilty to Insurance FraudRead the Press Release
WASHINGTON – Tisheena Louise Brown, 33, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter in the death last year of her seven-week-old son, U.S. Attorney Ronald C. Machen Jr. announced.
In a related matter, Brown also pled guilty to a charge of second-degree insurance fraud. She entered both pleas in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for July 18, 2014.
According to a proffer of facts presented at the plea hearing, Brown has a history of prescription drug abuse, which began in 2007 or 2008. Her reported prescription drugs of choice were Percocet (Oxycodone) and Dilaudid (Hydromorphone), both of which are Schedule II controlled prescription drugs. She also used Promethazine (a non-controlled prescription drug).
Brown admitted frequenting local hospitals in an effort to unlawfully obtain drug prescriptions (including Oxycodone, Dilaudid, and Promethazine) while using fraudulent identifiers. She would also go to multiple hospitals, using her own name and obtaining prescriptions, which would then be filled and paid by Medicaid. While using her own name, Brown secured prescriptions for drugs without advising the doctor that she had obtained the same prescription on the same date for the same medicine from another doctor and hospital. When purchasing her drugs, she used Medicaid to pay for the drugs.
In a four-month period from September 2013 through December of 2013, Brown had over 1,700 pills prescribed to her from a variety of doctors.
On Sept. 17, 2013, Brown was at her home in the 2900 block of Akron Place SE. She reported that, around 10:30 p.m., her seven-week old son, Hakeem, was fussy and so she provided him Promethazine, a drug which had been prescribed for her. She provided the infant with this drug even though the label warned that it was not to be administered to children under the age of two. Sometime after 2 a.m., Brown looked over at her son and noticed that he was “blue and wasn’t breathing.” She then called 911. The District of Columbia Fire and Emergency Medical Services Department arrived at her home, where they found the infant unconscious and not breathing. Hakeem was taken by ambulance to a hospital, and pronounced dead at about 3:20 a.m. Brown initially told police the only thing she gave her son was an “over the counter” gas relief medication, which was not true.
On Sept. 19, 2013, the District of Columbia’s Office of the Chief Medical Examiner conducted an autopsy. The cause of death was ruled a homicide and the manner of death was a lethal dose of Promethazine. In October 2013, the D.C. Office of the Chief Medical Examiner’s Forensic Toxicology Unit determined that the autopsy drug screen was positive for Promethazine. Promethazine, commonly referred to by the brand name Phenergan, is a non-controlled prescription medication which is prescribed for allergy, motion sickness, nausea, vomiting, nighttime sedation, pain relief following surgery, and to help certain narcotic pain relievers work better. It is prescribed with the warning that it should not be used in children younger than two years old because it may cause serious (possibly fatal) slow/shallow breathing.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department, as well as an agent from the FBI who assisted with investigation of the insurance fraud. He also expressed appreciation to the District of Columbia Office of the Medical Examiner and the District of Columbia Department of Forensic Sciences for assistance in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon, Victim/Witness Advocate Marcia Rinker, and Assistant U.S. Attorney Cynthia G. Wright, who is prosecuting the case.
14-106District Man Pleads Guilty to Federal and D.C. Charges for Shooting at Van Full of Police Officers in Northeast WashingtonDefendant Was on Supervised Release at Time of the ShootingRead the Press Release
WASHINGTON – Shawn Gray, 23, of Washington, D.C., pled guilty today to charges stemming from a shooting last year in which he fired at an unmarked van full of police officers in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Gray pled guilty to assault with a dangerous weapon, a District of Columbia offense, and possession of a firearm by a person convicted of a felony, a federal offense. He appeared before the Honorable Richard W. Roberts, Chief Judge of the U.S. District Court for the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a sentence of eight to 10 years in prison. Gray is to be sentenced July 25, 2014.
According to the government's factual proffer, on Jan. 26, 2013, at about 7:10 p.m., officers of the Metropolitan Police Department (MPD) were operating an unmarked burgundy minivan in the 1600 block of Montello Avenue NE. The officers were wearing casual clothing and operating as a unit in the robbery intervention program.
As the officers drove through the block, they spotted Gray and another individual acting suspiciously. After the officers drove around and re-entered the block, Gray suddenly fired multiple gunshots at the van. One bullet entered the van and passed between the four officers inside, and others apparently hit houses across the street.
Gray fled, but was soon found hiding underneath a parked vehicle in the rear of the alleyway from which he had fired. Seven spent shell casings were found on the ground. The gun itself was ultimately recovered from the ground near where the defendant was seized.
At the time of the shooting, Gray was on supervised release for a 2009 conviction in the Superior Court of the District of Columbia for carrying a pistol without a license.
In announcing the plea, U.S. Attorney Machen praised the work of the Metropolitan Police Department and the District of Columbia Department of Forensic Sciences. He also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Starla Stolk, Teesha Tobias, and Kim Hall, and Legal Assistant Jessica Moffatt. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Vincent Caputy, who indicted the case, and Stephen J. Gripkey, who handled the plea and is prosecuting the case.
14-105Cuyahoga Falls Man Faces Child Pornography ChargeRead the Press Release
Kenneth L. Durbin, a 73 year-old male from Cuyahoga Falls, Ohio, was charged with distributing a visual depiction of a minor engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The information charges that from on or about September 1, 2011, through on or about November 1, 2011, Durbin knowingly distributed in interstate and foreign commerce, by computer, a computer file which contained a visual depiction of a minor engaged in sexually explicit conduct.
If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Canton office of the Federal Bureau of Investigation.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Criminal Charges Not Warranted in FBI Agents´ Shooting of James DiMaggio Last AugustRead the Press Release
Agents helped rescue sixteen-year-old hostage from remote campsite near Morehead Lake
Based upon the information reviewed from the FBI Inspection Division Shooting Incident Inquiry, including the Autopsy Report and Post-Rescue Interview of the sixteen-year-old victim, and evidence gathered by the Valley County Sheriff’s Office, the United States Attorney’s Office for the District of Idaho, the Civil Rights Division of the United States Department of Justice, and the Valley County Prosecuting Attorney’s Office have determined that the shooting by FBI Hostage Rescue Team agents on August 10, 2013, near Cascade, Idaho, resulting in the death of James DiMaggio, does not warrant federal or state criminal prosecution.
The United States Attorney’s Office and the Civil Rights Division have concluded that the evidence is insufficient to support a determination that there was a violation of the federal criminal civil rights statutes and that a federal criminal investigation is unwarranted. The Valley County Prosecuting Attorney’s Office has determined that the FBI Hostage Rescue Team agents used reasonable force in defending themselves and/or another as relating to the death of Mr. DiMaggio.
In early August 2013, DiMaggio kidnapped a sixteen year-old- girl after killing members of her family in Boulevard, California. Pursuant to local tips on August 8 and 9, a law enforcement airplane located DiMaggio and his hostage on August 10 at a campsite near Morehead Lake, approximately forty miles from Cascade, Idaho.
Hostage Rescue Team agents were taken by helicopter and dropped within hiking distance of the campsite. They hiked to the campsite, tactically surrounded it, and began to close in through a wooded area to attempt to arrest the subject and rescue the hostage. The wooded area was steep, and the terrain difficult to negotiate. The airplane remained above the campsite and provided its observation of the activities of the subject and his hostage to the Hostage Rescue Team. Infrared video recorded from the airplane showed the arrest and rescue, including an overhead view of the action of the individuals involved and the heat from the shots that were fired.
Some of the Hostage Rescue Team agents moved in when it was reported that DiMaggio was separated from the hostage. When several agents got within approximately 100 yards of the subject, DiMaggio fired two rifle shots. Two agents, who could see DiMaggio and were directly within his firing line, believed DiMaggio was shooting toward them. The two agents returned fire, striking DiMaggio multiple times. A third agent found and safely removed the hostage.
Under federal law, in determining whether a law enforcement officer has willfully used more force than is necessary, prosecutors examine all of the facts and circumstances from the perspective of a reasonable law enforcement officer. Based on the consistent evidence gathered during the FBI’s shooting incident review and the Valley County Sheriff’s Office investigation, both the U.S. Attorney’s Office and the Civil Rights Division have concluded that it cannot be established beyond a reasonable doubt that either Hostage Rescue Team agent acted willfully, intending to violate the law, when they fired at DiMaggio. Accordingly, the U.S. Attorney’s Office and the Civil Rights Division decline to pursue any prosecution or further investigation of the agents.
Under Idaho State Law, force that a person may lawfully use in self-defense is limited by what a reasonable person in the same situation would believe to be necessary. A person may act in self-defense if a reasonable man, in the same situation, would be justified in believing himself in danger. As such, the Valley County Prosecutor’s Office declines to pursue any further prosecution or investigation of the agents.
Chemung County Man Convicted of Receiving, Possessing and Distributing Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has convicted Terry M. Dickinson, 55, of Millport, N.Y., of distribution of child pornography, receipt of child pornography and possession of child pornography. The charges carry a mandatory minimum of five years in prison, a maximum of 20 years, a $500,000 fine or both.
Assistant U.S. Attorney Tiffany H. Lee, who handled the prosecution of the case, stated that an undercover agent in Elmira, N.Y., downloaded child pornography from the defendant, through a peer-to-peer software program, in June and July of 2010. Agents executed a search warrant at Dickinson’s residence in August 2010 and seized items of digital media, including computers, thumb drives and memory cards. A forensic analysis determined that the memory cards contained images and videos of child pornography.
The search warrant led to the discovery of a notebook containing handwritten notes that appeared to detail the defendant's sexual encounters with children.
“A study has shown that a significant percentage of people convicted of child pornography crimes have in fact been involved in hands on crimes against children,” said U.S. Attorney Hochul. “Were it not for the investigation into Dickinson’s online activities, none of his real world actions might ever haven been known.”
This case was brought 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 U.S. 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. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The conviction is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, investigators and troopers of the New York State Police, Troop E, under the direction of Major Scott Crosier; and deputies and Investigators from the Chemung County Sheriff’s Office under the direction of Sheriff Christopher Moss.
Sentencing is scheduled for September 3, 2014, at 10:00 a.m. before U.S. District Judge Elizabeth A. Wolford.Bozeman Woman Sentenced for Impersonating A Federal OfficerRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte on April 25, 2014, before U.S. District Judge Sam Haddon, MARY ANN McCULLEY, 55, of Bozeman, was sentenced to 12 months imprisonment and 1 year supervised release.
McCulley was sentenced in connection with her October 2013 guilty plea to false impersonation of a federal officer or employee. In an offer of proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated that on April 24, 2012, McCulley went to the home of a person identified in the pleadings only as "T.C." in Bozeman, Montana. T.C. was a witness in a civil case involving McCulley, US Bank, and American Land and Title Company. McCulley, who appeared to be wearing a disguise, told T.C. that her name was Angela Connell and she was conducting a securities investigation into US Bank. She said T.C.'s name had been mentioned in connection with the investigation, but he was not a suspect. During her meeting with T.C., McCulley represented herself to be both an FBI agent and an agent from the Department of the Interior.
T.C. eventually told McCulley that he needed to contact a lawyer before answering any more questions. McCulley told T.C. that if he refused to talk to her, he would have to speak with an FBI agent from Bozeman. T.C. agreed to meet with the Bozeman FBI and asked McCulley for their phone number. McCulley explained that she had it written down in her car. T.C. accompanied McCulley outside to her vehicle, but she could not find the number. T.C.'s wife photographed the vehicle's license plate before McCulley drove away. The plate was from New Mexico and the number was 114-PYW. Further investigation revealed that McCulley rented the car from Avis Rental Car Company at the Bozeman Airport three days prior to meeting with T.C. and his wife.
Box Elder Man Sentenced to 13 Years in Prison for Assault of an InfantRead the Press Release
The United States Attorney's Office announced that GARRETT KIRBY LaFROMBOISE, 21, of Box Elder, was sentenced to 160 months imprisonment and 4 years supervised release in federal court on April 25, 2014, before U.S. District Judge Brian Morris, LaFromboise was sentenced in connection with his guilty plea to assault resulting in serious bodily injury. Assistant U.S. Attorney Danna Jackson told the Court that on or around October 21, 2013, LaFromboise became frustrated when an eleven month old child would not stop crying. LaFromboise admitted to investigators that he inserted his fingers in the baby's mouth and gagged him to try to make him stop crying. LaFromboise confessed that as he became increasingly anger he punched the baby in the abdomen. He denied any other infliction of injuries to the child.
The child died as a result of significant injuries.
Jackson told the Court, in a written offer of proof, that medical evidence would have shown that the victim suffered numerous injuries including skull fractures, hemorrhages and bruises to the brain, hemorrhages to the spinal nerves, abrasion to the scalp, a broken nose, bruising on the torso, rib fractures, hemorrhages to the retina, bruises on the child's forehead, nose, cheeks, and ears, lacerations and contusions to the mouth, internal injuries, bruises to the lower extremities, and lacerations on the tips of the child's left hand. The medical examiner, who issued the Report of Postmortem Examination, found that because the exact mechanism or mechanisms of death responsible for the complex skull fracture, cerebral contusions,
Bangor Resident Pleads Guilty to Bath Salt Distribution ChargesRead the Press Release
Contact: Joel B. Casey
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Alan
Ketchen, a/k/a “AJ”, 42, of Bangor pleaded guilty today in U.S. District Court in Bangor to conspiracy to possess with the intent to distribute and to distribute MDPV, a chemical compound commonly referred to as “bath salts” or “monkey dust” and to maintaining a drug-involved premise.According to court records, the members of the conspiracy illegally distributed MDPV in
Penobscot County and elsewhere between April and December 2011. Prior to October 21, 2011, MDPV was classified as a controlled substance analogue. On that date, it was reclassified as a
Schedule I controlled substance. The defendant packaged and distributed MDPV from his residence on Blackstone Street in Bangor and collected payments for the drug sales. On
November 10, 2011, law enforcement agents searched the residence and seized a large quantity of MDPV and other controlled substances, cash, drug records, and drug paraphernalia.
On the conspiracy charge, the defendant faces up to 20 years in prison, a $1,000,000 fine, or both. For maintaining a drug-involved premise, he faces up to 20 years in prison, a $500,000 fine, or both. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
Ketchen is one of six defendants charged as part of the conspiracy. Co-defendants Daniel
Hines, of Bangor; Jessica Bryden, of Greenbush, Maine; Matthew Tardiff, of Old Town, Maine; Adam Hathorn, of Bangor; and Tina Keaton, a/k/a “Fumble”, of Bangor previously pled guilty to the conspiracy charge and await sentencing.
The case was investigated by the Maine Drug Enforcement Agency with assistance from the U.S. Drug Enforcement Administration and the Bangor Police Department.Bangor Man Sentenced to Four Months for Mail TheftRead the Press Release
Contact: Gail Fisk Malone
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that David
Blaine Fisher, 47, of Bangor, was sentenced today in U.S. District Court by Judge Nancy
Torresen to four months in prison, three months in community confinement and three years of supervised release for stealing U.S. mail. Fisher was also ordered to pay $3,194 in restitution.According to court records, between October 9 and December 24, 2012, Fisher stole 12 checks that had been set out for pick-up by the U.S. Postal Service at eight residences in Bangor, Ellsworth and Trenton. Fisher altered the check amounts, forged endorsements and used them to buy merchandise at local stores, including Home Depot and Hannaford.
The investigation was conducted by the U.S. Postal Inspection Service and the Ellsworth and Bangor Police Departments.
Baltimore Cocaine Dealer Exiled to 10 Years in PrisonRead the Press Release
Admitted to Possessing Two Guns, Including One With an Obliterated Serial Number
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Gerod Boyd, age 30, of Middle River, Maryland, today to 10 years in prison followed by three years of supervised release for possession with intent to distribute cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.According to Boyd's plea agreement, on June 25, 2013, Baltimore City police officers were executing a search warrant at a home in the 5700 block of Eastbury Avenue in Baltimore. Boyd was arrested prior to the execution of the search warrant and had the key to the residence in his hand when he was taken into custody. Located inside the residence was a loaded .38 Special revolver, which Boyd admitted belonged to him. Boyd advised that a .357 revolver with an obliterated serial number, recovered during another search that day from his residence in Middle River was also his firearm.
Investigation revealed that Boyd ran a cocaine distribution network in the 600 block of North Kenwood Avenue in Baltimore, Maryland. Specifically, Boyd used the residence in the 5700 block of Eastbury Avenue and other locations, including a home in the 600 block of North Kenwood Avenue, to store items related to the drug distribution operation. On June 25, 2013, law enforcement officers also executed a search warrant at the home on North Kenwood Avenue and recovered four ounces of cocaine from inside that residence. Recovered near the cocaine was a black bag containing packaging material for street level distribution of drugs, a digital scale, and a razor blade.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney's Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonnie S. Greenberg, who prosecuted the case.
Armed Baltimore Robber Pleads GuiltyRead the Press Release
Robbed Eight 7-Eleven Stores in 18 Days
Baltimore, Maryland – John Robinson, age 34, of Baltimore, pleaded guilty today to robbery and using a gun in furtherance of the 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; Baltimore City State’s Attorney Gregg L. Bernstein; Baltimore Police Commissioner Anthony W. Batts; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, from December 1 to 18, 2013, Robinson and a co-conspirator robbed eight 7-Eleven Stores, using a loaded revolver. The stores were located in Baltimore on Boston Street, Holabird Street, West 33rd Street, Belair Road, Reisterstown Road, Harford Road, Frederick Road and Pulaski Highway. In each of the robberies, Robinson wore a mask and pointed the gun at the store employee, demanding money. Robinson or his co-conspirator, who was also masked, would take other items as well, such as cigarettes and lottery scratch-off tickets. On some occasions, Robinson would order the store employee to lie on the floor.
Robinson and the government have agreed that if the Court accepts the plea agreement, Robinson will be sentenced to 20 years in prison. U.S. District Judge Catherine C. Blake scheduled his sentencing for August 1, 2014 at 9:30 a.m.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department; Baltimore City State’s Attorney=s Office, Baltimore County Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonnie S. Greenberg, who is prosecuting the case.
Ardmore Man Pleads Guilty to Destruction of Mail by Postal EmployeeRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JUSTIN SLATE THRONEBERRY, age 32, of Ardmore, Oklahoma, pled guilty to Delay Or Destruction Of Mail By Postal Employee, in violation of Title 18, United States Code, Section 1703.
The charge arose from an investigation by the United States Postal Inspection Service, Office of Inspector General. The defendant was indicted in March, 2014.
The Indictment alleged that on or about December 19, 2013 in the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully secrete, destroy, detain and open a package entrusted to him and which came into his possession to be conveyed by mail while performing his assigned duties as an employee of the United States Postal Service.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.
The statutory range of punishment is not more than 5 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Chris Wilson represented the United States.
Advertising Company Executives Arrested for FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Gary Todd Smith (45), a/k/a Todd, and Gary Truman Smith (69), a/k/a Gary, both of Fayetteville, North Carolina, with wire fraud affecting a financial institution. If convicted, each faces a maximum penalty of 30 years in federal prison.
According to the complaint, Gary and Todd Smith ran Smith Advertising. The pair was allegedly involved in a fraud scheme that involved borrowing money (called bridge loans) for Smith Advertising to purportedly pre-purchase advertising space. They also borrowed money on outstanding invoices (called factoring) for Smith Advertising. Each loan, to the extent that it was repaid, was repaid by new loans. The underlying collateral for the loans was, where produced, fake invoices. Smith Advertising maintained a real and a false set of record books. On the date the company ceased operations, the total assets for the corporation were, according to their real books, valued at -$63,723,391.55, and the total equity was -$103,140,084.68.
A criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Secret Service and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Thomas N. Palermo.
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6 May 2014
Youngstown Man Indicted on Heroin and Firearms ChargesRead the Press Release
A six-count indictment was filed charging a Youngtown man with distributing heroin and being a felon in possession of a firearm and ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio
Dorian Christian, age 38, distributed heroin on or about March 19; March 20; March 26; April 3; and April 11, 2014, according to the indictment.
The indictment also charges that on or about April 14, 2014, Christian possessed a Smith & Wesson, model SW40VE, .40 caliber pistol, and ammunition, despite having been previously convicted of conspiracy to possess with intent to distribute and distribution of crack cocaine in the United States District Court for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Youngstown Man Faces Child Pornography ChargesRead the Press Release
Nickie Thomas Gray, Jr., 43, of Youngstown, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about February 14, 2013, through on or about April 1, 2014, Gray knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On April 17, 2014, images of child pornography were also found on his Gateway computer and Western Digital hard drive, according to the indictment.
If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Youngstown Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Wesley White, Sr. Sentenced for Crack Cocaine ChargesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Wesley White, Sr., a/k/a “Westside”, 39, of Valdosta, Georgia, was sentenced on May 5, 2014 to serve 16 years (200 months) for possession with intent to distribute more than 28 grams of “crack cocaine”. The sentence was handed down by Senior U.S. District Court Judge Hugh Lawson in Valdosta, Georgia.Mr. White entered a plea of guilty to the charge on January 13, 2014. As a part of his plea agreement, Mr. White admitted that on June 3, 2013, a search warrant was executed at his residence in Valdosta, Georgia, which yielded drugs intended for distribution. During the search, investigators discovered six (6) cookies of crack cocaine packaged in sandwich bags, seven (7) bags of powder cocaine, a one (1) gallon-sized bag of marijuana and a cocaine press which contained some of the cocaine, in the kitchen of the residence. In the living room, officers found two (2) quart-sized bags of marijuana, digital scales and $1216.00 in currency.
The case is the culmination of many years of investigation by the FBI Southwest Georgia Gang Task Force, Lowndes County Sheriff’s Office Special Operations Division, Valdosta Police Department and the Colquitt County Sheriff’s Office. Assistant United States Attorney Robert D. McCullers prosecuted the case for the Government.
“Every time we are able to get a drug dealer off our streets, it is proof that the cooperation between local and federal law enforcement agencies is working. With this lengthy sentence, we can take some comfort in knowing that at least one source of crack cocaine will be dried up for a very long time,” said U.S. Attorney Michael Moore.Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
Virginia Couple Pleads Guilty to Immigration Charges for Harboring Domestic Servant in Their HomeRead the Press Release
The Department of Justice announced today that Abdelkader and Hnia Amal pleaded guilty to one count of alien harboring in the U.S. District Court for the Eastern District of Virginia. The guilty plea stemmed from evidence that Abdelkader and Hnia Amal unlawfully brought a woman into the United States from Morocco and then kept the woman in their home as a domestic servant for three years.
According to court records, the defendants, who are husband and wife, concealed, harbored and shielded from detection a Moroccan national, identified in court records as F.H., in their home in Alexandria, Virginia, from December 2007 until December 2010. F.H. served as a domestic servant within the home of the defendants. Hnia Amal also had F.H. work for her commercial cleaning company, cleaning various residential and commercial properties.
The Amals unlawfully brought F.H. into the United States on a visa they procured based on false representations that F.H. would be employed as a domestic servant for a different employer. After the defendants unlawfully smuggled F.H. into the United States in December 2007, they did not pay her a salary. Instead, the defendants made two down payments towards an apartment in Morocco on F.H.’s behalf. The two payments, made in October 2010 and January 2011, were roughly equivalent to $8,500, and represented only about a quarter of the total apartment cost. Moreover, while Hnia Amal’s cleaning company received money for the work that F.H. performed, F.H. did not receive any pay for her work on behalf of Hnia Amal’s cleaning company.
According to the statement of facts entered with Abdelkader Amal’s plea agreement, Amal previously held an A-1 diplomatic visa as a military official in the Moroccan embassy in Washington, D.C. After Amal retired in 2003 as the defense supply attaché, he was no longer eligible to sponsor individuals for domestic employment under an A-3 visa.
The defendants face a statutory maximum sentence of five years in prison and a fine of up to $250,000 when they are sentenced on July 11, 2014. As part of the plea agreement, the defendants also agreed to pay at least $52,700 in restitution to F.H. In determining the actual sentence, the court will consider the U.S. Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
The case was jointly investigated by the FBI and the U.S. Department of State’s Diplomatic Security Service. The case was jointly prosecuted by Special Assistant U.S. Attorney C. Alexandria Bogle of the Eastern District of Virginia and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Virginia Couple Pleads Guilty to Immigration Charges for Harboring Domestic Servant in Their HomeRead the Press Release
ALEXANDRIA, Va. – The Department of Justice announced today that Abdelkader and Hnia Amal pleaded guilty to one count of alien harboring in the U.S. District Court for the Eastern District of Virginia. The guilty plea stemmed from evidence that Abdelkader and Hnia Amal unlawfully brought a woman into the United States from Morocco and then kept the woman in their home as a domestic servant for three years.
According to court records, the defendants, who are husband and wife, concealed, harbored and shielded from detection a Moroccan national, identified in court records as F.H., in their home in Alexandria, Virginia, from December 2007 until December 2010. F.H. served as a domestic servant within the home of the defendants. Hnia Amal also had F.H. work for her commercial cleaning company, cleaning various residential and commercial properties.
The Amals unlawfully brought F.H. into the United States on a visa they procured based on false representations that F.H. would be employed as a domestic servant for a different employer. After the defendants unlawfully smuggled F.H. into the United States in December 2007, they did not pay her a salary. Instead, the defendants made two down payments towards an apartment in Morocco on F.H.’s behalf. The two payments, made in October 2010 and January 2011, were roughly equivalent to $8,500, and represented only about a quarter of the total apartment cost. Moreover, while Hnia Amal’s cleaning company received money for the work that F.H. performed, F.H. did not receive any pay for her work on behalf of Hnia Amal’s cleaning company.
According to the statement of facts entered with Abdelkader Amal’s plea agreement, Amal previously held an A-1 diplomatic visa as a military official in the Moroccan embassy in Washington, D.C. After Amal retired in 2003 as the defense supply attaché, he was no longer eligible to sponsor individuals for domestic employment under an A-3 visa.
The defendants face a statutory maximum sentence of five years in prison and a fine of up to $250,000 when they are sentenced on July 11, 2014. As part of the plea agreement, the defendants also agreed to pay at least $52,700 in restitution to F.H. In determining the actual sentence, the court will consider the U.S. Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
The case was jointly investigated by the FBI and the U.S. Department of State’s Diplomatic Security Service. The case was jointly prosecuted by Special Assistant U.S. Attorney C. Alexandria Bogle of the Eastern District of Virginia and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Virginia Beach Man Pleaded Guilty to Conspiring to Manufacture, Distribute, and Possess Controlled SubstancesRead the Press Release
NORFOLK, Va. – Shawn H. Spencer, 33, of Virginia Beach, Va., pleaded guilty today to conspiring to manufacture, distribute, and possess controlled substances.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for Drug Enforcement Administration’s (DEA) Washington Field Division; and Police Chief Jim A. Cervera, Virginia Beach Police Department, made the announcement after the plea was accepted by United States Magistrate Judge Lawrence R. Leonard.
Spencer was indicted on April 9, 2014 by a federal grand jury on charges of conspiracyand maintaining drug-involved premises. Spencer faces a maximum penalty of 40 years when he is sentenced on August 7, 2014.
According to a statement of facts filed with the plea agreement, from approximately June of 2012 to November 2013, Spencer and others manufactured, distributed and possessed heroin, cocaine, fentanyl, marijuana and alprazolam. The drugs that were sold by Spencer resulted in several overdoses among several individuals, including students of Cox and First Colonial High Schools in Virginia Beach.
This case was investigated by the Drug Enforcement Administration and the Virginia Beach Police Department. Assistant United States Attorney Kevin Comstock is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
United States Attorneys Barbara L. McquadeAnd Patrick Miles, Jr. Host the Michigan Reentry SummitRead the Press Release
Lansing, Michigan - Reducing crime through prisoner re-entry was the focus of a summit today in Lansing, organized by Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan, and Patrick A. Miles, Jr., U.S. Attorney for the Western District of Michigan.
More than 200 probation and corrections officers, law enforcement officials, service providers and other stakeholders participated in the summit at the Thomas M. Cooley Law School in Lansing.
Re-entry is a key component of U.S. Attorney General Eric H. Holder, Jr.'s Smart on Crime Initiative.
The summit focused on sharing ideas and best practices for improving the success for citizens returning to the community after serving prison sentences. In contrast to the national recidivism rate of 67 percent, in Michigan, only 29 percent of offenders commit new crimes and return to prison.
The summit addressed breaking through the barriers to successful re-entry, such as employment, education and mental health.
Speakers included Ronald Davis, Director of the Office of Community Oriented Policing Services at the U.S. Department of Justice, and Amy Solomon, Senior Advisor at DOJ's Office of Justice Programs.
"Focusing on prisoner re-entry is a smart investment because it reduces crime and saves money," McQuade said. "When we spend $30,000 a year to imprison each offender, we can instead spend a fraction of that money on helping them succeed in the community."
"Reentry failure carries a high cost -- both economically and on society -- because it means more crime, more victims, more broken families as well as more burdens on law enforcement and on the judicial system," Miles stated. "It is a multi-faceted problem that demands a coordinated solution. That is why we convened this summit."
The event also provided an opportunity for the attendees to become aware of some of the effective re-entry programs already underway such as the federal re-entry courts using intensive supervised release programs for some of the highest-risk offenders returning from prison as well as the Eastern District of Michigan’s Face-To-Face initiative. This particular initiative involves meeting with offenders and informing them of the specific consequences of continued criminal activity in light of their criminal records.
The summit was hosted by the U.S. Attorney’s Office for the Eastern and Western District of Michigan, the Michigan Department of Human Services, the Michigan Department of Community Health, the U.S. Department of Justice, Bureau of Prisons, Michigan Department of Corrections, U.S. Probation for both the Eastern and Western District of Michigan, MAGLOCLEN, Prosecuting Attorneys Association of Michigan, Thomas M. Cooley Law School and the Michigan Sheriff’s Association.United States Attorneys Barbara L. Mcquade and Patrick Miles, Jr. Host the Michigan Reentry SummitRead the Press Release
LANSING, MICHIGAN – Reducing crime through prisoner reentry was the focus of a summit today in Lansing, organized by Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan, and Patrick A. Miles, Jr., U.S. Attorney for the Western District of Michigan.
More than 200 probation and corrections officers, law enforcement officials, service providers and other stakeholders participated in the summit at the Thomas M. Cooley Law School in Lansing.
Reentry is a key component of U.S. Attorney General Eric H. Holder, Jr.'s Smart on Crime Initiative.
The summit focused on sharing ideas and best practices for improving the success for citizens returning to the community after serving prison sentences. In contrast to the national recidivism rate of 67 percent, in Michigan, only 29 percent of offenders commit new crimes and return to prison.The summit addressed breaking through the barriers to successful reentry, such as employment, education and mental health.
Speakers included Ronald Davis, Director of the Office of Community Oriented Policing Services at the U.S. Department of Justice, and Amy Solomon, Senior Advisor at DOJ's Office of Justice Programs.
“Focusing on prisoner reentry is a smart investment because it reduces crime and saves money,” McQuade said. “When we spend $30,000 a year to imprison each offender, we can instead spend a fraction of that money on helping them succeed in the community.”“Reentry failure carries a high cost – both economically and on society – because it means more crime, more victims, more broken families as well as more burdens on law enforcement and on the judicial system,” Miles stated. “It is a multi-faceted problem that demands a coordinated solution. That is why we convened this summit.”
The event also provided an opportunity for the attendees to become aware of some of the effective reentry programs already underway such as the federal reentry courts using intensive supervised release programs for some of the highest-risk offenders returning from prison as well as the Eastern District of Michigan’s Face-To-Face initiative. This particular initiative involves meeting with offenders and informing them of the specific consequences of continued criminal activity in light of their criminal records.
The summit was hosted by the U.S. Attorney’s Office for the Eastern and Western District of Michigan, the Michigan Department of Human Services, the Michigan Department of Community Health, the U.S. Department of Justice, Bureau of Prisons, Michigan Department of Corrections, U.S. Probation for both the Eastern and Western Districts of Michigan, MAGLOCLEN, Prosecuting Attorneys Association of Michigan, Thomas M. Cooley Law School and the Michigan Sheriff’s Association.
END
U.S. Coast Guard, Caribbean Border Interagency Group Authorities Seize $37 Million Worth of Cocaine in the Caribbean SeaRead the Press Release
SAN JUAN, Puerto Rico — U.S. Coast Guard, U.S. Customs and Border Protection, the Drug Enforcement Administration and the Puerto Rico Police seized nearly 1,280 kilograms of cocaine, with an estimated whole sale value of $37 million, and apprehended two Dominican Republic nationals during an at-sea interdiction in the Caribbean Sea Wednesday, announced United States Attorney Rosa Emilia Rodríguez-Vélez. U.S. Magistrate Judge Camille L. Vélez-Rivé authorized a complaint charging Santos Lantigua-Nuñez and Efrain Cedano-Díaz with conspiracy to possess a controlled substance on board a vessel subject to the jurisdiction of the United States.
The interdiction is the result of the Caribbean Border Interagency Group's Operation Caribbean Guard and the Coast Guard’s Operation Unified Resolve.
During a routine Caribbean patrol, the crew of a Coast Guard HC-144 Ocean Sentry Maritime Patrol Aircraft from Air Station Miami detected a 35-foot go-fast vessel with two outboard engines traveling northbound without any navigation lights, south of Puerto Rico Tuesday night.
Coast Guard Sector San Juan watchstanders diverted the Coast Guard Cutters Drummond and Farallon and launched an armed Coast Guard helicopter from Coast Guard Air Station Borinquen to interdict the suspect vessel. Customs and Border Protection Caribbean Air and Marine Branch and the Puerto Rico Police Joint Forces of Rapid action were also notified and launched marine units to interdict the suspect vessel.
The Coast Guard HC-144 maintained near-constant surveillance of the go-fast vessel as the armed Coast Guard helicopter arrived on scene and fired warning shots in an attempt to get the suspects to stop. When the vessel did not comply, the helicopter crew fired at and disabled one of the vessel’s engines, prompting the suspected smugglers to jettison the contraband overboardA Customs and Border Protection marine unit along with marine units from Puerto Rico Police then intercepted the vessel, and a law enforcement team from the Coast Guard Cutter Drummond embarked the suspects.
Law enforcement personnel including crewmembers onboard the Coast Guard Cutters Drummond and Farallon were able to retrieve 45 bales of contraband jettisoned by the smugglers. Narcotics Identification Field Tests conducted by the law enforcement revealed positive results for the presence of cocaine.
“Our multiagency partnerships in the region along with the continuous augmentation of Coast Guard air and surface assets sent to Puerto Rico to interdict major drug shipments at sea continues to pay off,” said Capt. Drew W. Pearson, Commander, Coast Guard Sector San Juan. “The airborne use of force expertly applied by the Coast Guard helicopter crew to stop this vessel should serve as a serious deterrent to smugglers to know they will be caught and brought to justice.”
“These arrests are a clear indication of the continued success of the Caribbean Corridor Strike Force” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “This is just another example of the fine work our State and Federal law enforcement partners accomplish every day. With the continued collaboration and assistance of our law enforcement partners, we will continue our efforts to bring drug smuggling organizations to justice.”“CBP air and marine assets continuously patrol the coastal borders of Puerto Rico and the US Virgin Islands to leverage the collective efforts of all federal and state law enforcement partners to intercept any smuggling venture,” stated Johnny Morales, Director of CBP Air Operations.
“Once again the combined efforts of DEA, USCG, CPB and PRPD-FURA resulted in the seizure of millions of dollars’ worth of narcotics. Our message continues to be the same: we will detect and interdict drug smugglers attempting to flood our island with their poisonous cargo,” said Vito Salvatore Guarino, Special Agent in Charge of the Drug Enforcement Administration, Caribbean Division.
During interviews with the suspects, it was discovered the third person jumped overboard to avoid apprehension as law enforcement units approached the disabled vessel. The Coast Guard conducted a large scale search for the missing person that lasted 34 hours and covered 546 square miles before suspending search efforts for the missing smuggler Thursday night. While searching for the missing person Coast Guard active duty and Auxiliary crews located and subsequently recovered 45 bales of contraband from the water, which later tested positive for cocaine.
The two apprehended smugglers, the seized cocaine, and the suspect’s vessel were transferred in Ponce, Puerto Rico, to Customs and Border Protection officers and Drug Enforcement Agency agents for processing and prosecution.
The Coast Guard Cutters Farallon and Drummond are 110-foot patrol boats homeported in San Juan, Puerto Rico.
The case is being prosecuted by Special Assistant United States Attorney Kelley Tiffany.The defendants are facing terms of imprisonment from 10 years to life for the narcotics violations. Criminal complaints are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
The Coast Guard's efforts under Operation Unified Resolve contribute to the interagency results being achieved each and every day locally under Operation Caribbean Guard, which coordinates efforts between the Coast Guard, its DHS, Commonwealth and Territorial law enforcement partners, who are working diligently to deter, detect and disrupt illicit maritime trafficking to Puerto Rico and the U.S. Virgin Islands. Since June 2012, the Coast Guard and its interagency partners supporting Caribbean Guard and Unified Resolve have seized more than $1 billion in illicit narcotics and detained nearly 90 suspected smugglers.
U.S. Attorney Melinda Haag, Alameda County District Attorney Nancy O’Malley, Drug Enforcement Administration, and High Intensity Drug Trafficking Area (HIDTA) to Host Bay Area Prescription Drug Abuse SummitRead the Press Release
When: May 7, 2014.
Where: Futures Without Violence, 100 Montgomery Street, Presidio of San Francisco.
Who: U.S. Attorney Haag, Alameda County District Attorney Nancy O’Malley, DEA, HIDTA, State Superintendent of Public Instruction Tom Torlakson, National HIDTA Director Mike Gottlieb, District Attorneys George Gascon (San Francisco), Ed Berberian (Marin), Mark Peterson (Contra Costa), Steve Wagstaffe (San Mateo), Gary Lieberstein (Napa), Board Presidents of the Medical Board of California, Pharmacy Board of California and Dental Board of California, The Partnership at DrugFree.org, UCSF, pharmaceutical CEOs, educators, pharmacists, medical insurers, coroners, physicians, local, state and federal law enforcement officials, policymakers, families and community members whose lives have been devastated by prescription drug abuse, and community members who have formed coalitions to address awareness, education and prevention efforts.
Agenda: Attached/Included.
Attorney General Eric Holder has recently stated that the rise in overdose deaths from heroin and prescription painkillers in the United States in recent years is an “urgent public health crisis.”
Prescription drug abuse has taken hold in every community and every state in the union. Governors across the country are facing the burgeoning issue of prescription drug abuse and the related resurgence of heroin, and like the Bay Area, are grappling with this public health crisis.
The Centers for Disease Control and Prevention has classified prescription drug abuse as an epidemic in the United States. According to the CDC, one in 20 people 12 years and older used prescription painkillers without a prescription in 2010. And more than 2.1 million people in the U.S. are addicted to prescription opioid painkillers.
Many people who misuse prescription drugs, particularly teens, believe these substances are safer than illicit drugs because they are prescribed by a healthcare professional and dispensed by a pharmacist. The number of unintentional overdose deaths from prescription pain relievers has soared in the United States, more than quadrupling since 1999. In 2010 nearly 60 percent of drug overdoses involved pharmaceutical drugs. Opioids (oxycodone, hydrocodone and methadone) were involved in approximately 3 of every 4 pharmaceutical deaths.
Opioid addiction can lead to heroin addiction. As an addict’s tolerance for opioids increases, the habit becomes increasing and exponentially more expensive. At some point, heroin becomes the drug of choice for many because of its wide availability and far lower cost. A recent study concluded that 81 percent of heroin initiates mis-used prescription pain relievers before turning to heroin.
The Governor of Vermont recently dedicated his state of the union speech to the issue of heroin addiction. In Vermont, last year there were 21 fatal heroin overdoses, twice as many as the year before, and five times the number just five years ago. DEA and HIDTA will talk about the substantial uptick in heroin in the Bay Area and California – much of it driven by a voracious appetite for prescription drugs.
A few more disturbing statistics:
- The number of prescriptions written for opioids has increased 10-fold since 1990.
- There was a five-fold increase in treatment admissions for prescription painkillers between 2000 and 2010.
- Between 2006 and 2010, heroin overdose deaths increased nationally by 45 percent. Heroin treatment numbers are up over 250% since 2000 and over 40% in the past year.
- 69% of those who mis-used pain relievers obtained them from a friend or relative.
- In Ohio, from 1999-2010, drug overdose deaths increased by 372%, and 45% of those involved prescription drugs.
Nationally, drugs overtook traffic accidents as a cause of death in 2009, and this trend continues. In Contra Costa County, accidental drug poisoning has been exceeding traffic accident fatalities in recent years. The majority of those overdoses involved prescription drugs. In 2013, for the first time in Marin County, the same is true.
Drug abuse is not a problem that law enforcement can solve alone. President Obama, through the Office of National Drug Control Policy (ONDCP), released the 2011 Prescription Drug Abuse Prevention Plan, which outlines the need for a multi-pronged approach involving education, tracking and monitoring, proper disposal of medicines, and enforcement. This is the reason for bringing experts in the Bay Area together on May 7th -- educators, doctors, pharmacists, pharmaceutical companies, researchers, policymakers, community activists, elected officials, local, state and federal law enforcement, practitioners in the rehabilitation world, the media, and others, to help tackle this challenging issue and highlight the absolute need for a focused effort in this area including prevention, awareness, treatment, and enforcement.
One significant challenge in the Bay Area is a lack of local statistics. Anecdotally we are all seeing prescription drug abuse in the Bay Area on the rise and our teenagers and young adults are increasingly becoming the new face of heroin addiction. One local rehab director with decades of experience in the field called the influx of prescription drug and heroin addicted young adults in the Bay Area a “tsunami.”
This gathering is intended to be the start of a movement to get in front of this issue in Northern California – to collect information, share best practices, develop ways to track and measure this growing phenomenon, and devise ways to contain this growing epidemic – before we are years down the road and more lives are lost or destroyed.
(Summit Agenda )
Two Men Enter Guilty Pleas in Federal Court to Charges Related to Child Sex TraffickingRead the Press Release
TULSA, Okla. — United States Attorney Danny C. Williams Sr. announced guilty pleas in Federal court by two men on charges related to sex trafficking stemming from investigations by the Tulsa Police Department’s Vice Unit.
Damian Dashane Wardell, 39, of Tulsa, pleaded guilty before United States District Court Judge Claire V. Eagan to Sex Trafficking of a Child. Wardell admitted he maintained and prostituted a 16-year-old female at a local Tulsa area motel. Tulsa Police Department officers found and arrested Wardell at the motel after the victim’s mother provided information. Police discovered the victim and two other juvenile females in the motel room. Wardell faces a minimum sentence of ten (10) years and up to life imprisonment. Sentencing is set for August 6, 2014.
Wardell’s plea follows a guilty plea on April 25, 2014 by Terrance Cortez Whitfield, 36, of Muskogee, to a single-count Information charging Coercion and Enticement of a Minor. Whitfield also faces a minimum sentence of ten (10) years and up to life imprisonment and his sentencing is set for August 4, 2014, before United States District Judge Claire V. Eagan. Whitfield was arrested following a routine traffic stop, after which police officers discovered a juvenile female in Whitfield’s vehicle. An ensuing investigation led to evidence that Whitfield used his cell phone and the Backpage.com website to entice and induce the juvenile female to engage in prostitution.
United States Attorney Williams commended the excellent work by the Tulsa Police Department’s Vice Unit. Assistant United States Attorneys Trent Shores and Clint Johnson prosecuted the matters on behalf of the United States of America.
Two Individuals Indicted for Mortgage FraudRead the Press Release
Allegations Relate to Marshall Reed Apartments in Carbondale
Follow @SDILNewsEarlier today, two individuals from New York were indicted by a federal grand jury sitting in Benton, Illinois, for mortgage fraud, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced. Maximus A. Yaney, 37, and Jamie L. Bray, 36, were each indicted for one count of bank fraud and one count of wire fraud.
According to the Indictment filed on May 6, 2014, Yaney owned and operated various companies which purchased rental properties in college towns, including Carbondale, Illinois. Bray was the Vice President of Operations for Titan Student Communities, LLC, one of the companies owned by Yaney. The name of Titan Student Communities was later changed to Campus Habitat, LLC.
In June of 2007, Yaney used a company he had recently formed, known as H.G. Capital, LLC, to purchase the Marshall Reed Apartments in Carbondale for $2,710,000. The Indictment further alleges that in November of 2007, Yaney caused H.G. Capital, LLC, to sell the Marshall Reed Apartments to another company that he owned, Titan, LLC, for $9,780,000. It is alleged that in obtaining both the short-term and long-term financing for this transaction, Yaney concealed from the lenders the fact that he had an ownership interest in both the selling and buying companies.
In order to persuade the lenders to finance the purported $9,780,000 sale, the Indictment charges that Yaney and Bray made several misrepresentations and engaged in numerous fraudulent acts, including, (1) submitting fraudulent Rent Rolls for the Marshall Reed Apartments; (2) creating false leases to support the fraudulent Rent Rolls; (3) submitting a fraudulent Operating Statement for the Marshall Reed Apartments; (4) submitting false information regarding the percentage of apartments that were rented; (5) staging empty apartments with items to make them appear to be occupied; (6) paying employees of one of Yaney’s companies to sit in unoccupied apartments and pretend to be renters while appraisals and bank inspections were being performed; and (7) providing false information about the number of apartments that had been renovated.
The Indictment also charges that during the appraisal process, Bray concealed her true identity and claimed to be a person named “Jamie Lewis.” Bray allegedly did this in order to prevent the appraiser from learning that she worked for one of Yaney’s companies.
The Indictment states that on November 14, 2007, $6,123,342.81 in loan proceeds from the purported sale of the Marshall Reed Apartments were wire transferred to a bank account in the name of H.G. Capital. On the very next day, it is alleged that $6,123,300.06 of those funds were wire transferred to the account of Campus Habitat, one of other companies Yaney owned. The Indictment charges that Yaney then used those funds for operating expenses and to purchase other rental properties.
Each count of bank fraud and wire fraud is punishable by not more than 30 years in federal prison, and/or a $1,000,000 fine, and not more than five years of supervised release following the prison time. The Indictment also seeks forfeiture of the $6,123,342.81 in proceeds that Yaney received from the scheme.
The investigation is being conducted by agents from the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of the Inspector General. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.
Trotwood Man Charged in Connection with Shooting at VA Medical CenterRead the Press Release
CONTACT: Fred Alverson
Public Affairs OfficerDAYTON, OHIO – A two-count criminal complaint charging Neil Richard Moore, 59, of Trotwood, Ohio with one count of assault with a dangerous weapon and one count of use of a deadly weapon during the commission of a crime of violence has been filed in U.S. District Court in Dayton. The complaint alleges that Moore shot an individual at the Veterans Affairs Medical Center in Dayton on May 5, 2014.
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), Dayton Police Chief Richard Biehl and Glenn Costie, Director of the Dayton VA Medical Center (VAMC) announced the complaint today.
According to an affidavit supporting the complaint, Moore allegedly shot an employee of the VAMC with a .38 caliber revolver after confronting him in the basement of a building at the medical center. During a struggle with employees, the handgun discharged multiple times with one shot striking the victim in the leg. Moore then allegedly fled the scene in an elevator where he encountered another individual and pointed the handgun at this person.
Each count carries a maximum sentence of ten years in prison and a possible fine of up to $250,000.
Moore appeared before Chief U.S. Magistrate Judge Sharon Ovington today for an initial appearance on the complaint. Moore is being held without bond. Magistrate Judge Ovington scheduled a detention hearing for May 9 at 1:30 and a preliminary hearing for May 20.
U.S. Attorney Stewart commended the prompt response to the reports of the active shooter to the FBI, Dayton Police and other law enforcement agencies including the VA Police Services, Montgomery County Sheriff Philip Plummer’s Office, the VA Office of Inspector General, the Ohio State Highway Patrol, the Ohio Department of Natural Resources Law Enforcement Division, the Five Rivers Metro Parks Police Department, the Good Samaritan Hospital Police, and the Kettering Police Department. Assistant U.S. Attorneys Dwight Keller and Brent Tabacchi are prosecuting the case on behalf of the United States.
A criminal complaint is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tijeras Man Sentenced to Ten Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Glenn Isaac Garcia, 25, of Tijeras, N.M., was sentenced yesterday to 10 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Garcia was convicted of this offense based on a guilty plea entered on Dec. 3, 2013
Garcia was arrested in Oct. 2013, on a criminal complaint alleging that he unlawfully possessed a handgun and ammunition in Bernalillo County, N.M., on March 9, 2013. According to the complaint, on that day, officers of the Albuquerque Police Department were engaged in a law enforcement operation to execute an arrest warrant for a suspect with a criminal history of violence. During the operation, the officers located the suspect driving a vehicle in which Garcia was a passenger. As the officers slowly drove by the suspect’s vehicle, Garcia fired several shots at the officers’ unmarked police vehicle. Shortly thereafter, Garcia again pointed his firearm outside of the vehicle in which he was a passenger and fired several shots at a second unmarked police vehicle occupied by officers. A high speed chase ensued during which Garcia fired multiple shots at two more police vehicles, disabling one of the vehicles. The chase ended and Garcia and the suspect were arrested after the suspect crashed his vehicle.
Court records reflect that Garcia was prohibited from possessing firearms or ammunition in March 2013 because previously he had been convicted of several methamphetamine trafficking offenses in 2008 and the unlawful taking of a motor vehicle in 2009 in the 2nd Judicial District Court for the State of New Mexico.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.
Garcia was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Swiss Offshore Tax Evasion Enabler Pleads GuiltyRead the Press Release
WASHINGTON – Josef Dörig, 72, of Switzerland, pleaded guilty today to conspiring to defraud the Internal Revenue Service (IRS) in connection with his work as the owner of a trust company in Switzerland. Deputy Attorney General James Cole, Assistant Attorney General Kathryn Keneally for the Justice Department’s Tax Division, U.S. Attorney Dana J. Boente for the Eastern District of Virginia and IRS-Criminal Investigation Chief Richard Weber made the announcement after the plea was accepted by U.S. District Judge Gerald Bruce Lee. Dörig was charged in a one count superseding indictment on July 21, 2011. Sentencing is set for Aug. 8, 2014, and Dörig faces a statutory maximum sentence of five years in prison.
“Today’s plea further pulls back the curtain on efforts by Swiss banks to help U.S. taxpayers evade taxes through the use of sham trusts and foundations,” said Deputy Attorney General Cole. “Rest assured, the days of bank secrecy for U.S. tax cheats in Switzerland – and around the world – are numbered.”
“This plea sends a strong message to those who use or help others use offshore bank accounts to evade U.S. taxes,” said Assistant Attorney General Keneally. “We are receiving information from a variety of sources and are committed to investigating and prosecuting this wrongdoing.”
“We will continue to investigate and prosecute banks and individuals who assist U.S. citizens in the evasion of income taxes with overseas accounts,” said U.S. Attorney Boente. “The doors are quickly closing on this illegal activity.”
“Assisting American taxpayers to evade their tax obligations with the use of secret bank accounts held in sham entities violates the law, and we will find those who are doing it,” said Chief of IRS-Criminal Investigation Richard Weber. “IRS-CI will pursue those who use anonymous offshore accounts to avoid paying their fair share. IRS Criminal Investigation is proud to have shared our hallmark expertise in following the money trail in this and other increasingly sophisticated criminal schemes.” .
In a statement of facts filed with the plea agreement, Dörig admitted that between 1997 and 2011, while owning and operating a trust company, he engaged in a wide-ranging conspiracy to aid and assist U.S. customers in evading their income taxes by concealing assets and income in secret bank accounts held in the names of sham entities at a financial institution referred to in the superseding indictment as International Bank (IB), one of the biggest banks in Switzerland and one of the largest wealth managers in the world.
According to the statement of facts, from 1972 to 1996, Dörig worked for a subsidiary of IB. The subsidiary formed, managed and maintained nominee tax haven entities. Individuals concealed their assets by holding their accounts at IB in the names of these tax haven entities. During this time, the subsidiary managed and maintained over 100 sham entities for U.S. taxpayers committing tax evasion.
Also included in the statement of facts, in 1997, executives at the subsidiary devised a plan to spin off all of these sham entities into a new trust company, Dörig Partner AG, to be owned and operated by Dörig, who was then an employee of the subsidiary. Dörig was required to make his best efforts to keep the existing accounts at IB open and to ensure that any clients referred to him by IB would open new accounts at that institution.
According to the statement of facts, IB promoted Dörig Partner as a provider of various entity structures. The phone list used in IB’s New York representative office identified Dörig Partner as an external trust expert. Dörig Partner also sublet space from IB in an office tower where a private bank owned by IB was the major tenant.
As part of the conspiracy, Dörig traveled to the United States to introduce himself to new clients he had obtained as part of the spin-off. In the following years, he traveled to the United States with bankers from IB, including his co-defendants Markus Walder, Marco Parenti-Adami and Michele Bergantino, to meet with existing and prospective clients who already had undeclared accounts at IB but had been identified by the IB’s bankers as potential candidates for the use of a structure.
According to the statement of facts, although Dörig ostensibly controlled both the structure and the account at IB, in practice, many of the U.S. taxpayers with undeclared accounts controlled the assets in those accounts by dealing directly with IB bankers, often without either the knowledge or consent of Dörig.
According to the statement of facts, in 2008, IB ordered Dörig Partner to close accounts for the structures they managed. Dörig turned to an asset manager at a financial services firm in Zurich for assistance. The financial services firm maintained a master account in its own name at a private bank in Gibraltar, and then opened sub-accounts for Dörig’s clients at that bank to which Dörig transferred the funds from the clients’ undeclared accounts at IB. The financial services firm provided the Gibraltar bank only with the number associated with each sub-account and did not inform the bank of any information regarding the owners of the assets in the sub-accounts.
This case is being investigated by IRS-Criminal Investigation. Assistant U.S. Attorney Mark D. Lytle and Trial Attorneys Mark F. Daly and Nanette L. Davis of the Tax Division are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at the division website.Sussex County, N.J., Man Sentenced to Two Years in Prison for Distributing Images of Child Sexual AbuseRead the Press Release
TRENTON, N.J. – A Sussex County, N.J., man was sentenced today to 24 months in prison for using a computer in his home to distribute images of child sexual abuse, U.S. Attorney Paul J. Fishman announced.
Albert Rose, 55, of Lafayette, N.J., previously pleaded guilty before U.S. District Judge Joel A. Pisano to an information charging him with one count of distribution of child pornography. Judge Pisano imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Rose admitted distributing images of child pornography via email using a computer located in his residence in February 2010. He also admitted to possessing more than 600 images of child pornography on his computer, which was seized from his residence in February 2012. Rose acknowledged that among the images he possessed and distributed were images which depicted minors posing in a sexually explicit manner.
In addition to the prison term, Judge Pisano sentenced Rose to serve five years of supervised release and ordered him to pay restitution of $500.
U.S. Attorney Fishman credited special agents of the Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Newark Division, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation leading to today’s sentencing.The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis of the U.S. Attorney’s Office Criminal Division in Trenton.
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Defense counsel: S. Emile Lisboa Esq., Hackensack, N.J.St. Albans Man Sentenced for Selling Heroin and Oxycodone PillsRead the Press Release
Tristram J. Coffin, the United States Attorney for the District of Vermont, stated that Kermit
Flanders,44, of St. Albans, Vermont, was sentenced on May 5, 2014 by U.S. District Court Judge William K. Sessions, III, to 12 months plus 1 day in prison for conspiring to distribute heroin and oxycodone. The Court also sentenced Flanders to 3 years of supervised release after the completion of his prison term.According to Court records, during December of 2013 through February of 2014, Flanders sold both heroin and oxycodone 30 mg. pills to an individual cooperating with the police on 5 separate occasions. The sales of controlled substances by Flanders all occurred in St. Albans.
Flanders was indicted by a federal grand jury on September 12, 2013. He was arrested on September 17, 2013 and appeared that day in federal court. He pled guilty on February 24, 2014 and has been detained in prison since his arrest.
This case was investigated by the Vermont State Northwest Drug Task Force. The U.S. Attorney, Tristram J. Coffin, commends that agency for its work. The case was prosecuted by Assistant U.S. Attorney, Nancy J. Creswell. Flanders was represented by Richard C. Bothfeld, Bothfeld and Volk, P.C.
Spearfish Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography Transported to the United States, Travel with Intent to Engage in Sexual Activity, and Possession of Child Pornography.
Richard William Melanson, age 51, was indicted on April 8, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 1, 2014, and pled not guilty to the Indictment.
The penalty upon conviction is not less than 15 years and up to 30 years’ imprisonment and/or a $250,000 fine, up to life of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between January 2008 and June 2011, Melanson knowingly possessed computer files that contained child pornography images, induced a minor outside of the United States to produce a pornographic image, and traveled to Guatemala to engage in sexual acts with minors.
The charges are merely accusations and Melanson is presumed innocent until and unless proven guilty.The investigation is being conducted by the South Dakota Internet Crimes Against Children Task Force and the U.S. Immigration and Customs Enforcement's Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Melanson was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Shiprock Man Sentenced for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Lancelot Lapahie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today for his statutory rape conviction. As required by the terms of his plea agreement, Lapahie was sentenced to 24 months in prison followed by ten years of supervised release. He also was ordered to register as a sex offender. The 24-month prison sentence will be served concurrently with a 50-month prison sentence Lapahie already is serving for his conviction on assault and firearms charges.
Lapahie was arrested in Nov. 2013 on an indictment charging him with statutory rape. According to the indictment, between Aug. 2010 and Dec. 2011, Lapahie engaged in a sexual act with a minor under the age of 16 years. In Feb. 2014, Lapahie entered a guilty plea to the indictment.
The 50-month prison sentence was imposed on Lapahie in May 2013, following his guilty plea to two assault charges and a possession of an unregistered firearm charge. In entering his guilty plea to those charges, Lapahie admitted that in March 2012, he struck a man with a baseball bat and repeatedly struck another man about the head, arms and body with a machete. The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back.
This case was prosecuted by Assistant U.S. Attorney Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Navajo Nation Division of Social Services.
Seventh Person Pleads Guilty in Marijuana Smuggling ConspiracyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Amber Dorius (31, St. George, Utah) today pleaded guilty to conspiring with others to distribute marijuana. She faces a maximum penalty of 20 years in federal prison. A sentencing hearing has not yet been scheduled.
According to court documents, from 2011 to January 2013, Chad Sunyich arranged for quantities of marijuana to be driven and flown to the Middle District of Florida, from California and Utah, for further distribution. In 2011, Dorius worked as a courier in Sunyich’s organization. She worked with others to transport marijuana from California to Hillsborough County, Florida, by car, generally every forty-five to sixty days. On many of these trips, Dorius’ associate would drive a car carrying the marijuana. Dorius would drive ahead in a separate car, acting as a lookout. Once the marijuana arrived in Hillsborough County, it was distributed.
Dorius is the seventh individual in this investigation to plead guilty. Others pleaded guilty to a marijuana distribution conspiracy charge as follows:
- Chad Sunyich pleaded guilty on June 4, 2013. He was sentenced on August 22, 2013, to five years in federal prison.
- Timothy O’Neal Long pleaded guilty on June 26, 2013. He was sentenced on September 13, 2013, to three years and one month in federal prison.
- Jason Vowell pleaded guilty on June 3, 2013. He was sentenced on August 19, 2013, to twelve months in federal prison and ordered to forfeit a Piper Aerostar fixed wing aircraft which had been used to smuggle marijuana from St. George, Utah to Tampa, and $166,228 in drug proceeds.
- Jeff Laflamboy pleaded guilty on January 7, 2014. His sentencing hearing is scheduled for July 23, 2014.
- Miryana Calderon Long pleaded guilty on December 3, 2013. Her sentencing hearing is scheduled for July 10, 2014.
- Lucas Dahlberg pleaded guilty on April 17, 2014. His sentencing hearing has not yet been scheduled.
This case was investigated by the Drug Enforcement Administration as part of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
Rochester Man Pleads Guilty to Drug ChargeRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ronald Cleveland, a/k/a Pretty Tony, a/k/a P.T., a/k/a Success, a/k/a Cess, 44 of Rochester, N.Y., pleaded guilty to conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine before U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $8,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Cleveland was a member of a Rochester-based drug conspiracy led by James Webb, a/k/a Butch, in which large quantities of powder cocaine were distributed, and also processed into crack cocaine, packaged and resold in various quantities in the City of Rochester. The defendant, who has prior felony drug and weapons convictions, and was still on parole after serving a 10 year prison sentence for a 1995 shooting, served primarily as the “muscle” or protection for the organization.
On June 14, 2011, Webb and others were arrested when law enforcement raided the epicenter of the drug operation at 392 and 401 Norton Street in Rochester. During the raids, officer seized over 40 grams of crack cocaine packaged for sale, a loaded 9mm handgun, $9,172 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine. Cleveland was arrested on May 24, 2012 at his residence at 9 Parkside Avenue in Rochester by NYS Parole and Rochester Police.
Webb was convicted in March 2012 of conspiracy to possess with intent to distribute 280 grams or more of cocaine base and is awaiting sentencing.
The plea is the culmination of an investigation on the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent in Charge Thomas J. Cannon, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony J. Annucci.
Sentencing is scheduled for August 6 at 3:00 pm before Judge Geraci.Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on April 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rodney Volker, age 67, was sentenced to 108 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Volker was indicted for Possession of Child Pornography and Receipt of Child Pornography by a federal grand jury on October 22, 2013. He pled guilty to the Receipt of Child Pornography charge on January 2, 2014.
The charge related to Volker taking his computer to a computer repair company in Rapid City on September 19, 2013, and asking them to wipe it clean of all data because it wasn’t working properly. While the computer company employee was doing this, he viewed what he believed to be child pornography on the computer and reported it to law enforcement. After a forensic analysis was done on the computer, 122 images of child pornography were found, many involving sexual acts by children with adult males and many involving girls under the age of 10.
This case was investigated by the Rapid City Police Department and the South Dakota Internet Crimes against Children Taskforce. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Volker was immediately turned over to the custody of the U.S. Marshals Service.
Pill Mill Owner Sentenced to 69 Years in PrisonRead the Press Release
KNOXVILLE, Tenn. -- Randy Kincaid, 58, of Maryville, Tenn., was sentenced to serve 830 months in prison by the Honorable Thomas A. Varlan, Chief U.S. District Judge. The sentence was the result of a conviction at trial in October 2013 to a federal indictment charging him with drug, firearm, money laundering and structuring offenses in conjunction with Breakthrough Pain Therapy Center in Maryville. Kincaid’s wife and co-owner of Breakthrough, Sandee Kincaid, along with family members Wendi Henry and Dustin Morgan were also convicted and are presently in custody and awaiting sentencing.
The indictment and subsequent conviction of Kincaid and his co-defendants resulted from a lengthy investigation by the Internal Revenue Service – Criminal Investigation, Fifth Judicial Drug Task Force, and Drug Enforcement Administration. The pain clinic ceased operations when it was raided by federal and local law enforcement agents in December 2010. On that same date, agents seized significant quantities of prescription narcotic pain pills, firearms, and nearly $700,000 in cash.
U.S. Attorney William C. Killian said, “The cooperation and diligence of these local, state and federal agencies resulted in a severe sentence for this individual who was distributing huge amounts of addictive pills. This sentence is a deterrent for those considering the illegal distribution of prescription pills.”
Assistant U.S. Attorneys Jennifer Kolman and Frank M. Dale, Jr. represented the United States during the trial and sentencing.