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Tuesday 4 March 2014
Wichita Falls Man Sentenced to 25 Years in Federal Prison for Role in Major Methamphetamine Distribution ConspiracyRead the Press Release
WICHITA FALLS, Texas— A Wichita Falls, Texas, man, David Calandreli, 27, who pleaded guilty in November 2013 to one count of conspiring to possess with intent to distribute and to distribute methamphetamine, was sentenced yesterday by U.S. District Judge Reed C. O’Connor to 300 months (25 years) in federal prison. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, Calandreli admitted that on multiple occasions between November 2011 and July 2012, he transported and distributed quantities of methamphetamine, which he had obtained from co-conspirator Steve Ysasaga, to individuals in the Wichita Falls area. In addition, on more than one occasion, Calandreli obtained quantities of more than one-quarter pound of methamphetamine from Ysasaga. Ysasaga, 41, of Arlington, Texas, was sentenced in late February 2014 to 240 months in federal prison.
Calandreli also admitted that on December 7, 2011, he sold approximately 7.6 grams of methamphetamine to an undercover federal law enforcement officer in the parking lot of a grocery store in Wichita Falls.
To date, all 39 defendants charged in this conspiracy have entered guilty pleas; 38 have been sentenced.
This Organized Crime and Drug Enforcement Task Force (OCDETF) case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Texas DPS; and the Wichita Falls Police Department. Assistant U.S. Attorney Mary F. Walters is in charge of the prosecution.
Westfield Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BOSTON - A Westfield man pleaded guilty yesterday in U.S. District Court in Springfield to child pornography charges.
In March 2013, Gardner Whitney, 62, was indicted on possessing child pornography. Sentencing is scheduled for June 16, 2014. If the court accepts the plea agreement, Whitney will be sentenced to 10 years in prison.
In December 2012, Whitney possessed child pornography on a laptop computer and on a flash drive which included one video he produced himself which depicted him and a minor female.
United States Attorney Carmen M. Ortiz; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Chief John Camerota of the Westfield Police Department, made the announcement. The case is being prosecuted by Alex J. Grant of Ortiz’s Springfield Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Two Treasure Valley Women Sentenced in Multi-Defendant Meth Trafficking CaseRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that Randi Seferos, 25, of Boise, and Doreen Obrien, 44, of Caldwell, Idaho, were sentenced today to serve federal prison sentences for possession of methamphetamine with intent to distribute. U.S. District Judge Edward J. Lodge sentenced Seferos to 110 months in prison followed by ten years of supervised release; Obrien was sentenced to 63 months in prison and five years of supervised release.
According to information presented in court, Seferos pleaded guilty on October 7, 2013, to possession of 128 grams (approximately one-quarter pound) of methamphetamine with intent to deliver. Obrien pleaded guilty on September 27, 2013, to possession of 340 grams (about three-quarters of a pound) of methamphetamine with intent to deliver.
Twenty defendants were charged in an 89-count indictment filed in May 2013. Fourteen defendants have been sentenced. Four have pleaded guilty to related charges and are awaiting sentencing. One has been dismissed, and another has not been apprehended.
The conspiracy involved two distribution cells in the Treasure Valley: one led by Jason Holmberg and one by Andrew Polney. Kenneth Jones in Sacramento, California, supplied multi-pound shipments of methamphetamine for transport to the Treasure Valley for distribution; also, a drug debt was owed by Jason Holmberg and unpaid for a large amount of methamphetamine obtained from Mexican sources of supply transshipped through Phoenix, Arizona, and transported to Idaho by co-defendant Randy Beal. The group operated from about June 2012 through the time of the various arrests on April 18, 2013 and May 23, 2013.
The indictment is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Nampa Police Department and Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Two Florida Men Sentenced on Meth ChargesRead the Press Release
NORFOLK, Va. – Thaddeus Vidal Peralta, 43, of Winter Park, Fl., and Aaron Anthony Lumpkin 37, of Saint Cloud, Fl. were sentenced on March 3, 2014, for conspiracy to distribute and possess with intent to distribute methamphetamine, commonly known as “ice,” and possessing with intent to distribute a mixture and substance containing a detectable amount of methamphetamine. Peralta was sentenced to 262 months in prison, followed by five years of supervised release. Lumpkin was sentenced to 180 months in prison followed by four years of supervised release.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia, and Acting Special Agent in Charge Scot R. Rittenberg of U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), Washington, made the announcement after sentencing by United States District Judge Mark S. Davis.
Peralta and Lumpkin were both foundguilty of the above charges by a federal jury on October 11, 2013 after a six-day trial. According to court documents, Lumpkin supplied Peralta and others with large quantities of methamphetamine for distribution in the Eastern District of Virginia. Beginning in approximately late 2011, Lumpkin sent numerous packages containing methamphetamine from Florida via FedEx to his mother’s residence in Newport News. Peralta then traveled from Florida to Virginia to distribute the methamphetamine on Lumpkin’s behalf. Peralta, formerly of Virginia Beach, has been distributing methamphetamine here since approximately 2005.
This case was investigated by Homeland Security Investigations, the Virginia Beach Police Department and the Norfolk Police Department. Assistant United States Attorney Darryl J. Mitchell prosecuted 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.Twice Convicted Felon Sentenced to Prison for Unlawfully Possessing 14 FirearmsRead the Press Release
Defendant also Possessed 2,000 Rounds of Ammunition
BOISE – Jason Earl Wright, 39, of Boise, Idaho, was sentenced yesterday to 42 months in prison for unlawfully possessing fourteen firearms and 2,000 rounds of ammunition, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also sentenced Wright to three years of supervised release and 100 hours of community service. He pleaded guilty to the offense on November 17, 2013.
According to court documents, Wright admitted to attempting to purchase a scope mount for an SKS assault rifle on Craigslist. According to a sentencing memorandum filed by the government, a federal search warrant was served on Wright’s residence, and it was discovered that he was in possession of four assault weapons capable of accepting large capacity magazines, four .22 rifles, two 30.06 rifles, two .40 pistols, one 6.5 x 50 millimeter rifle, and one shotgun. Wright was also in possession of twelve high capacity SKS magazines, sixteen .22 rifle magazines, and several thousand rounds of ammunition.
Wright had previously been convicted of twenty prior offenses, including two felony drug trafficking offenses, domestic assault, battery and carrying a concealed weapon.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Topeka Man Sentenced to 6 YearsFor Possession of Stolen FirearmRead the Press Release
TOPEKA, KAN. - A Topeka man was sentenced Monday to 6 years in federal prison for possession of a stolen firearm, U.S. Attorney Barry Grissom said.
Bryan K. Carter, 33, Topeka, Kan., pleaded guilty to one count of possessing a stolen firearm. In his plea, he admitted that on Dec. 3, 2011, he was arrested by officers of the Topeka Police Department on an outstanding warrant. The gray Infiniti he was driving had been reported stolen and police impounded it.On Dec. 13, 2011, police received a tip that someone was planning to burglarize the police impound lot to retrieve a firearm that was hidden under the hood of the Infiniti. Police searched the car and found the gun, a .22 caliber pistol, before a burglary took place. Carter admitted he received the gun in exchange for narcotics and was aware the firearm has been stolen.
Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.Three Storm Lake Area Residents Plead Guilty to Conspiring to Obstruct JusticeRead the Press Release
Janelle Zoch, age 47, and Darwin Zoch, age 45, both of Storm Lake, Iowa, and Brandon Hinesly, age 35, of Truesdale, Iowa, have pled guilty in U.S. District Court in Sioux City, Iowa, to one count of conspiracy to obstruct justice. Janelle Zoch and Brandon Hinesly pled guilty on February 28, 2014. Darwin Zoch pled guilty on March 3, 2014. Mark Hill, age 48, of Storm Lake, Iowa, also pled guilty on August 13, 2013 to one count of conspiracy to obstruct justice,
Information presented by the United States at the plea hearings revealed that on May 19, 2011, Darwin Zoch was arrested on a warrant for allegations that he was a felon (and an armed career criminal) in possession of firearms in violation of 18 U.S.C. § 922(g)(1) (and 18 U.S.C. § 924(e)). On May 19, 2011, Darwin Zoch appeared before Chief United States Magistrate Judge Paul A. Zoss for an initial appearance and arraignment. On May 19, 2011, Darwin Zoch was released on a personal recognizance bond, and conditions of pretrial releases were imposed.
Darwin Zoch was also on State of Iowa probation at the time and was, thereby, required to wear a Global Positioning Satellite (GPS) monitoring system bracelet, and was subject to an 11 p.m. to 6 a.m. daily curfew.
On November 16, 2011, Darwin Zoch was convicted after a jury trial of being a felon (and an armed career criminal) in possession of firearms in violation of 18 U.S.C. § 922(g)(1) (and 18 U.S.C. § 924(e)). On November 16, 2011, Darwin Zoch was released by the trial judge, to await sentencing upon the same conditions of release as were imposed earlier while Darwin Zoch awaited his November 2011 trial.
Instead of awaiting sentencing as he promised the court, Darwin Zoch, and Janelle Zoch, Brandon Hinsely, Mark Hill and others plotted Darwin Zoch’s flight from justice. They, among other things, researched countries without extradition treaties, boats he might buy to sail out of the country, obtained and pre-positioned a getaway car at his parent’s farm, acquired mobile phones with which to communicate secretly, and assembled more than $5,000 in cash. Then they executed the plan, and Darwin Zoch escaped as far as a marina in Corpus Cristie Texas, where he was captured.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Janelle Zoch, Brandon Hinesly and Mark Hill remain free on bond previously set; Darwin Zoch remains in custody of the United States Marshal; Janelle Zoch, Darwin Zoch,. Hinesly, and Hill each face a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3047.
The case was investigated by the United States Marshal’s Service; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sheriff and Deputies of the Buena Vista County Sheriff=s Office, and Officers of the Storm Lake, Iowa Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.Three Sentenced in Orange County Health Department Identity Theft SchemeRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. sentenced Delray Duncan, Gerald Williams, and Shanterica Smith to federal prison yesterday for identity theft. Specifically, the court sentenced Duncan to 42 months in federal prison, Williams to 54 months in federal prison, and Smith to 60 months in federal prison. All three were also ordered to pay restitution in the amount of $1 million. Each previously pleaded guilty for their roles in this case.
According to court documents, the Internal Revenue Service, the Federal Bureau of Investigation, and the United States Postal Inspection Service initiated an investigation after the Orange County Sheriff’s Office executed an unrelated search warrant and discovered a list of names, dates of birth, and social security numbers. Further investigation revealed that Williams and Smith worked at the Orange County Health Department (OCHD). Williams and Smith accessed personal identifying information (PII) of OCHD patients and provided that information to a third party who filed fraudulent tax returns in the names of those patients. Williams and Smith did not know each other while working at OCHD, but ultimately provided the information to the same person. Williams provided the PII to Duncan who, in turn, provided the PII to others in order to file the fraudulent tax returns. Smith provided the PII directly to those responsible for filing fraudulent tax returns.
In total, Williams and Smith stole the identities of approximately 2,200 patients. Fraudulent tax returns totaling approximately $3.9 million were filed using the stolen PII. The investigation into those responsible for filing the fraudulent tax returns and those who obtained the proceeds from the fraudulently filed returns is ongoing.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
Three Holyoke Residents Plead Guilty to Oxycodone ConspiracyRead the Press Release
BOSTON - Two Holyoke residents were convicted yesterday in U.S. District Court in Springfield for their role in distributing oxycodone pills shipped from Florida.
Angel Luis Medina, 31, Luz Eneida Morales, 46, and Doel Vega, 24, pleaded guilty before U.S. District Judge Douglas P. Woodlock to conspiring to possess with intent to distribute oxycodone. Judge Woodlock scheduled sentencing for June 27, 2014. On Feb. 25, 2014, a third Holyoke resident was convicted as part of the same conspiracy.Between January 2009 and April 11, 2013, the defendants were part of a conspiracy to distribute oxycodone pills which they received in large quantities from Florida via Express Mail. The pills were then sold in western Massachusetts and the drug proceeds were deposited in branches of national banks in Holyoke. Co-conspirators in Florida were able to withdraw these drug proceeds from branches of the national banks.
The defendants face up to 20 years in prison, three years of supervised release, and a $1 million fine.United States Attorney Carmen M. Ortiz; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kevin O’Regan of Ortiz’s Springfield Office.
St. Petersburg Man Sentenced to 14 Years in Prison for Drug DistributionRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Gerald Dwayne Welch (35, St. Petersburg) to 14 years in federal prison for distribution of crack cocaine. Welch pleaded guilty on December 17, 2013.
According to court documents, on July 24, 2013, Welch was arrested for selling crack cocaine to an undercover officer on two previous occasions. A search of Welch’s motel room revealed cocaine, marijuana, and Dilaudid pills. During an interview with law enforcement, Welch admitted to selling narcotics in the St. Petersburg area since January 2013. At the time of the offense, Welch had several prior felony convictions, including ten felony drug convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
This case is a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Singapore Shipping Company, Crew Member, Plead Guilty to Illegally Discharging Oily WasteRead the Press Release
Singapore-based ODFJELL ASIA II PTE LTD (ODFJELL) and one of its senior crew members pleaded guilty yesterday in federal court in Hartford, Conn., for violating the Act to Prevent Pollution from Ships (APPS), announced Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division Robert G. Dreher, United States Attorney Deirdre M. Daly and Rear Admiral Daniel B. Abel, Commander of the First Coast Guard District in Boston.
“The defendants violated environmental laws that protect our oceans, the world’s fisheries and marine life, from harmful pollution,” said Acting Assistant Attorney General Dreher. “Today's conviction ensures they will be held accountable with a stiff criminal fine, contribute to conservation efforts in coastal areas of Long Island, and submit to strict monitoring. We hope this sends a strong message to the shipping industry that committing environmental crimes at sea will not be tolerated.”
“Pollution of our waters will not be tolerated,” said U.S. Attorney Daly. “Shipping companies are on notice that violating American environment laws will result in federal prosecution and puts at risk their business interests in this country. Crew members who ignore these laws may also face incarceration. Although these illegal discharges of oily waste occurred in international waters, we are gratified that a quarter of the $1.2 million monetary penalty will fund improvements and protection of the Long Island Sound, a vital economic and recreational resource that contains many unique wildlife habitats.”
“The Coast Guard is committed to working with the maritime industry, and federal, state and local law enforcement partners, to protect the U.S. maritime environment from individuals who pollute our waters,” said Rear Admiral Abel. “When these violations occur, the Coast Guard will work with our partners to ensure that the violators are held accountable under the law.”
According to court documents and statements made in court, ODFJELL operated the M/T Bow Lind, a 577-foot, 26,327 gross ton petroleum/chemical tanker ship. On Nov. 6, 2012, the U.S. Coast Guard boarded the vessel in New Haven, Conn., to conduct an inspection. The inspection and subsequent criminal investigation revealed that three times between October 2011 and October 2012, while in international waters, the vessel discharged machinery space bilge water directly into the sea. At the direction of senior engineer Ramil Leuterio, crew members bypassed pollution prevention equipment that was in place to ensure that any discharged bilge water contain less than 15 parts per million of oil. The crew then concealed the illegal discharges by making misleading entries and omissions in the vessel’s oil record book.
According to several engine room crew members, Leuterio directed them to use a complex system to transfer the bilge water from the bilge holding tank to the sewage tank. From the sewage tank, the bilge water was dumped directly into the sea without passing through pollution prevention equipment. Once the bilge holding tank was emptied, Leuterio directed the lower ranking crew members to put clean fresh water and salt water into the tank. As the pollution prevention equipment automatically records the time it is being operated, Leuterio then processed the clean water through the prevention equipment, thereby creating an electronic record to account for the bilge water that had bypassed the equipment and been discharged directly overboard.
Under the terms of a binding plea agreement, if accepted by the court, ODFJELL will be placed on probation for a period of three years and pay a criminal penalty totaling $1.2 million, including $300,000 that will be directed to The National Fish and Wildlife Foundation to fund projects aimed at the preservation and restoration of the marine environment of Long Island Sound.
As a condition of probation, ODFJELL will implement an environmental management plan which will ensure that any ship operated by ODFJELL calling on a port of the United States complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. The plan ensures that ODFJELL’s employees and the crew of any vessel operated by ODFJELL that calls on a United States port are properly trained in preventing maritime pollution. An independent monitor will report to the court regarding ODFJELL’s compliance with these obligations during the period of probation.
Leuterio, 42, a citizen of the Philippines, pleaded guilty yesterday to one count of violating APPS for his role in directing lower ranking crewmembers to make the illegal discharges and for failing to accurately maintain the vessel’s oil record book. He faces a maximum term of imprisonment of six years and a fine of up to $250,000.
U.S. District Judge Vanessa L. Bryant has scheduled sentencing for May 14, 2014.
This case was investigated by the U.S. Coast Guard Sector Long Island Sound, Coast Guard Investigative Service, and Coast Guard office of Investigations and Analysis (CG-INV). The case is being prosecuted by Trial Attorney Stephen Da Ponte in the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice and Assistant U.S. Attorney Paul H. McConnell from the U.S. Attorney's Office for the District of Connecticut.Singapore Shipping Company, Crew Member, Plead Guilty to Illegally Discharging Oily WasteRead the Press Release
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Singapore-based ODFJELL ASIA II PTE LTD. and one of its senior crew members pleaded guilty yesterday in federal court in Hartford, Conn., for violating the Act to Prevent Pollution from Ships (APPS), announced Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division Robert G. Dreher, United States Attorney Deirdre M. Daly, and Rear Admiral Daniel B. Abel, Commander of the First Coast Guard District in Boston.
“The defendants violated environmental laws that protect our oceans, the world’s fisheries and marine life, from harmful pollution,” said Acting Assistant Attorney General Dreher. “Today's conviction ensures they will be held accountable with a stiff criminal fine, contribute to conservation efforts in coastal areas of Long Island, and submit to strict monitoring. We hope this sends a strong message to the shipping industry that committing environmental crimes at sea will not be tolerated.”
“Pollution of our waters will not be tolerated,” said U.S. Attorney Daly. “Shipping companies are on notice that violating American environment laws will result in federal prosecution and puts at risk their business interests in this country. Crew members who ignore these laws may also face incarceration. Although these illegal discharges of oily waste occurred in international waters, we are gratified that a quarter of the $1.2M monetary penalty will fund improvements and protection of the Long Island Sound, a vital economic and recreational resource that contains many unique wildlife habitats.”
“The Coast Guard is committed to working with the maritime industry and federal, state, and local law enforcement partners, to protect the U.S. maritime environment from individuals who pollute our waters,” said Rear Admiral Abel. “When these violations occur, the Coast Guard will work with our partners to ensure that the violators are held accountable under the law.”
According to court documents and statements made in court, ODFJELL ASIA II PTE LTD. (ODFJELL) operated the M/T Bow Lind, a 577-foot, 26,327 gross ton petroleum/chemical tanker ship. On November 6, 2012, the U.S. Coast Guard boarded the vessel in New Haven to conduct an inspection. The inspection and subsequent criminal investigation revealed that three times between October 2011 and October 2012, while in international waters, the vessel discharged machinery space bilge water directly into the sea. At the direction of senior engineer Ramil Leuterio, crew members bypassed pollution prevention equipment that was in place to ensure that any discharged bilge water contain less than 15 parts per million of oil. The crew then concealed the illegal discharges by making misleading entries and omissions in the vessel’s oil record book.
According to several engine room crew members, Leuterio directed them to use a complex system to transfer the bilge water from the bilge holding tank to the sewage tank. From the sewage tank, the bilge water was dumped directly into the sea without passing through pollution prevention equipment. Once the bilge holding tank was emptied, Leuterio directed the lower ranking crew members to put clean fresh water and salt water into the tank. As the pollution prevention equipment automatically records the time it is being operated, Leuterio then processed the clean water through the prevention equipment, thereby creating an electronic record to account for the bilge water that had bypassed the equipment and been discharged directly overboard.
Under the terms of a binding plea agreement, if accepted by the court, ODFJELL will be placed on probation for a period of three years and pay a criminal penalty totaling $1.2 million, including $300,000 that will be directed to The National Fish and Wildlife Foundation to fund projects aimed at the preservation and restoration of the marine environment of Long Island Sound.
As a condition of probation, ODFJELL will implement an environmental management plan which will ensure that any ship operated by ODFJELL calling on a port of the United States complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. The plan ensures that ODFJELL’s employees and the crew of any vessel operated by ODFJELL that calls on a United States port are properly trained in preventing maritime pollution. An independent monitor will report to the court regarding ODFJELL’s compliance with these obligations during the period of probation.
Leuterio, 42, a citizen of the Philippines, pleaded guilty yesterday to one count of violating APPS for his role in directing lower ranking crewmembers to make the illegal discharges and for failing to accurately maintain the vessel’s oil record book. He faces a maximum term of imprisonment of six years and a fine of up to $250,000.
U.S. District Judge Vanessa L. Bryant has scheduled sentencing for May 14, 2014.
This case was investigated by the U.S. Coast Guard Sector Long Island Sound, Coast Guard Investigative Service, and Coast Guard office of Investigations and Analysis (CG-INV). The case is being prosecuted by Assistant U.S. Attorney Paul H. McConnell from the U.S. Attorney's Office for the District of Connecticut and Trial Attorney Stephen Da Ponte in the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice.
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[email protected]Registered Child Sex Offender Pleads Guilty to Production and Distribution of Child PornographyRead the Press Release
WILMINGTON, Del. – Harry K. Roche, age 43, of Millsboro, Delaware, pled guilty today to Production and Transportation of Child Pornography, in violation of federal law. Charles M. Oberly, III, United States Attorney for the District of Delaware, announced the guilty plea following a hearing in the United States District Court for the District of Delaware.
Roche was previously convicted in Delaware of Using a Computer to Depict a Child Engaging in a Prohibited Sexual Act and Possession of Child Pornography in 2003, which involved Roche producing sexually explicit images of children in his Magnolia, Delaware apartment. In 1994, Roche had been convicted of sexual harassment of a minor boy. At the time of the instant offense, Roche was registered as a sex offender as required by Delaware and federal law.
As a result of his prior convictions, Roche faces enhanced sentencing penalties under federal law, including a mandatory minimum sentence of 25 years, and a maximum sentence of 50 years, in prison. Roche also faces a term of supervised release of five years to life following his prison sentence, and he will be required to continue to register as a sex offender in any U.S. jurisdiction in which he lives, works, or attends school. Roche will be sentenced on a date to be determined by United States District Judge Sue L. Robinson.
According to statements made and documents filed in court, Roche came to the attention of the Delaware Child Predator Task Force after it received a cybertip from the National Center for Missing and Exploited Children (NCMEC). The cybertip reported that an AOL user, subsequently identified as Harry K. Roche, a registered child sex offender from Millsboro, Delaware, had distributed files containing child pornography through an AOL server.
On January 31, 2013, Delaware Child Predator Task Force officers executed a state search warrant at Roche’s apartment, which was located above the Bluewater Grill restaurant, in Millsboro, Delaware. Roche and a roommate were present for the search, during which officers seized numerous computers, cellular phones and external digital storage devices. A subsequent forensic examination of that computer equipment revealed that Roche had collected and distributed hundreds of pictures and movies of child pornography, virtually all of which featured prepubescent boys engaged in sexual acts. In a number of these images and movies, the child victims were bound, gagged or blindfolded as they were violently raped by adult males.
Also during the forensic examination of Roche’s iPhone, a forensic examiner discovered a series of photographs of Roche in the bedroom of his residence engaged in a sexual act with a young boy. Metadata associated with the digital files indicated that the images were saved to the iPhone on January 30, 2013, the day before the residential search occurred. The Delaware Child Predator Task Force and the United States Department of Homeland Security, Homeland Security Investigations, worked together to identify the child victim, who resides in Delaware. The investigation further revealed that Roche met the child victim near the Bluewater Grill and subsequently lured the child into his apartment. Roche subsequently distributed the images that he had produced, along with other images of child pornography, to other child sex offenders.
Following the plea hearing, United States Attorney Charles M. Oberly, III stated: “By today’s plea, this twice-convicted sexual predator will be removed from society for likely the remainder of his life. Upon his sentencing later this year, the deserved severe sentence, a minimum mandatory of 25 years, should serve as a deterrent to others that a long prison sentence is the price to pay for engaging in such activity.”
“There is a clear and deeply disturbing link between those who possess child pornography and those who commit physical offenses against children,” Attorney General Beau Biden said. “That’s why the work of the Delaware Child Predator Task Force, along with our close cooperation with federal law enforcement partners, is so critical to finding these dangerous predators and taking them off the streets.”
This case was brought as part of the United States Department of Justice’s Project Safe Childhood Program, which was launched in May 2006 to combat the growing epidemic of online child sexual exploitation and abuse. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue child victims. As intended by the United States Department of Justice’s Project Safe Childhood Program, federal and state child exploitation prosecutors and investigators have worked together to investigate and prosecute Roche.
For more information about the Project Safe Childhood Program, please visit http://www.justice.gov/psc/. For more information about reporting online child exploitation to the national CyberTipline, visit the National Center for Missing and Exploited Children’s website at: www.missingkids.com.
This case is being investigated by the Delaware Child Predator Task Force and the United States Department of Homeland Security, Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Edward J. McAndrew.
Portland Man Sentenced for Tax Refund FraudRead the Press Release
Received over $296,000 in Fraudulent RefundPORTLAND, Ore. – Ricky Lee Greenwood, 32, of Portland, Oregon, was sentenced in federal court for a wide-spread tax refund fraud scheme, announced U.S. Attorney S. Amanda Marshall for the District of Oregon. Today, Greenwood was sentenced to 40 months in prison. The sentence will be followed by three years of supervised release. In October 2013, Greenwood pleaded guilty to aggravated identity theft, wire fraud, and filing a false, fictitious, or fraudulent claim against the government.
According to court documents, Greenwood electronically filed at least 66 false tax returns with fictitious wage and false dependent information, requesting more than $300,000 in fraudulent refunds. Greenwood obtained the names and Social Security numbers of unemployed individuals in order to file fraudulent tax returns in their names. According to court documents, Greenwood also obtained the social security numbers of children and claimed them on the tax returns of unrelated individuals to maximize refundable credits – such as the Earned Income Tax Credit and the Additional Child Tax Credit – and further inflate the fraudulent refunds. Greenwood had more than $296,000 in fraudulent refunds deposited into accounts that he controlled or delivered to addresses he could access. Today, Greenwood was ordered to pay $296,106 in restitution to the IRS.
This case was investigated by the IRS Criminal Investigation Stolen Identity Refund Fraud Task Force. Trial Attorneys Leslie A. Goemaat and Todd P. Kostyshak of the Justice Department’s Tax Division are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Ponzi and Mortgage Fraud Defendants Plead GuiltyRead the Press Release
SACRAMENTO, Calif. —John Hagener, 77, of Granite Bay, and Dawn C. Powers, 43, of Lincoln, separately pleaded guilty today to conspiracy charges, United States Attorney Benjamin B. Wagner announced.
According to court documents, Hagener pleaded guilty to conspiring to commit mail fraud, and Powers pleaded guilty to conspiring to commit wire fraud for their involvement in a mortgage fraud conspiracy and a large-scale Ponzi scheme in Northern California allegedly run by Lawrence Lee Loomis, aka Lawrence Leland Loomis. Loomis and his father-in-law, Hagener, operated a Ponzi scheme in 2007 and 2008 that victimized more than 100 people and caused more than $7 million of losses related to the sale of shares in an investment program called the Naras Funds.
A previously filed indictment charged Loomis and four other defendants, including Powers, in two related mortgage fraud schemes that caused more than $10 million in losses to mortgage lenders and others. The charges are pending against Loomis and three other defendants. An October 2014 trial date has been set before Judge John A. Mendez in Sacramento. The charges are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Paul A. Hemesath is prosecuting the case. The Securities and Exchange Commission has filed separate proceedings against Hagener in an ongoing case.
Hagener and Powers are scheduled to be sentenced by Judge John A. Mendez on June 10, 2014. They face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
North Miami Man Pleads Guilty in $2.4 Million Tax Refund Scam Involving Large-Dollar Fraudulent Tax Refund ClaimsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), and Ronald J. Verrochio, Postal Inspector in Charge, United States Postal Inspection Service (USPIS), announce that Jeaneno Florent, 38, of North Miami, pled guilty today for his role in a tax refund scheme that resulted in the submission of approximately $2.4 million in fraudulent refund claims.
Florent pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343. Sentencing for Florent is scheduled for May 9, 2014 at 9:30 a.m. before U.S. District Judge Federico A. Moreno. At sentencing, the defendant faces a maximum term of 20 years in prison.
According to the plea documents, the defendant caused a false and fraudulent individual income tax return in his own name to be submitted to the Internal Revenue Service (IRS) in January 2012. The tax return falsely and fraudulently indicated that the defendant worked at Capitol Records, Inc. and made approximately $8.7 million and was entitled to a refund of approximately $613,000. In reality, the defendant had not worked at Capitol Records and was not entitled to this refund. IRS approved payment and issued a refund check for approximately $613,000 in the defendant’s name.
According to plea documents and documents submitted in court, the defendant also submitted a similar fraudulent tax refund claim with the IRS in 2013 seeking approximately $573,000 and conspired with Gerald Duverger who submitted similar fraudulent tax refund claims for approximately $613,000 and approximately $573,000 in Duverger’s name in 2012 and 2013, respectively.
Mr. Ferrer commended the investigative efforts of IRS-CI, USSS and USPIS. The case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
New Haven Man Sentenced to 46 Months in Prison for Distributing HeroinRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that GILBERT GALAN, JR., also known as “G” and “Skittles,” 32, of New Haven, was sentenced today by Senior U.S. District Judge Ellen Bree Burns in New Haven to 46 months of imprisonment, followed by three years of supervised release, for trafficking heroin.
According to court documents and statements made in court, this matter stems from “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants, and seizures of narcotics and firearms. More than 100 individuals were charged as a result of the investigation.
On December 6, 2013, GALAN pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin.
GALAN’s criminal history includes one prior felony narcotics conviction.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Montgomery County, Pa., Man Admits Three Bank RobberiesRead the Press Release
CAMDEN, N.J. - A Montgomery County, Pa., man today admitted his role in three bank robberies in Pennsylvania, U.S. Attorney Paul J. Fishman announced.
Kyle Wilson, 22, of Fort Washington, Pa., pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with three counts of bank robbery. In June 2012, Wilson pleaded guilty before Judge Rodriguez to a separate information charging him with traveling from Pennsylvania to New Jersey to commit an aggravated assault in furtherance of an extortion scheme. All three of the bank robberies to which Wilson pleaded guilty occurred after his June 2012 plea while he was released on bail pending sentencing. He is currently detained.
Although the three bank robberies occurred in Pennsylvania, Wilson waived his right to contest venue so that all of his pending criminal charges – the robberies and the prior aggravated assault conviction – could be resolved in the District of New Jersey.
According to documents filed in this case and statements made in court:- On March 6, 2013, Wilson entered a Citizens Bank located inside a Giant Store in Montgomeryville, Pennsylvania. He approached the teller and handed him a withdrawal slip that read “the gun will go off, give me some money.” The teller handed Wilson cash, and Wilson left the store.
- On March 11, 2013, Wilson entered a PNC Bank located inside a Giant Store in Plymouth Meeting, Pennsylvania. He approached the teller and handed him a note. The teller then heard Wilson warn him not to “hit any buttons” and demand money. The teller handed Wilson cash and Wilson left the store.
- On March 14, 2013, Wilson entered a First Niagara Bank in Lower Providence Township, Pennsylvania. He approached the teller, displayed what appeared to be a small black gun, and demanded money. The teller handed Wilson cash, and Wilson left the store.
Each of the three bank robbery counts with which Wilson is charged carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross amount of any pecuniary loss or gain from the offense. Sentencing is scheduled for June 9, 2014.
U.S. Attorney Fishman credited special agents of the Department of Labor, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent-in-Charge Robert Panella; the Department of Labor-Wage and Hour Division, under the direction of George Ference, regional administrator; Naval Criminal Investigative Service, under the direction of Special Agent in Charge Cheryl DiPrizio, Northeast field office; and the Air Force Office of Special investigations, under the direction of Special Agent Seth Neville, detachment commander, Joint Base McGuire-Dix-Lakehurst. He also thanked the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
The government is represented by Senior Litigation Counsel V. Grady O’Malley and Assistant U.S. Attorney Andrew Bruck of the Organized Crime/Gangs Unit of the U.S. Attorney’s Office in Newark.
14-076Defense counsel: Stanley O. King Esq., Woodbury, N.J.
Wilson, Kyle Information
Madeira Man Pleads Guilty to Two Counts of Producing Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – Timothy Lawrence Andriot, 39, of Madeira, Ohio pleaded guilty in U.S. District Court to two counts of production of child pornography. Under terms of the plea agreement, Andriot will spend 25 years in prison.
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), the Regional Electronics Computer Investigations (RECI) in Sheriff Jim Neil’s Office, Madeira Police Chief Frank Maupin, and other agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the pleas entered today before Chief U.S. District Judge Susan Dlott.
According to court documents, Madeira Police and the Hamilton County Jobs and Family Services were investigating allegations that Andriot had sexually abused two minors in June 2013. Forensic examination by RECI of Andriot’s computers recovered images that Andriot had created of him sexually abusing two minor children.
Andriot was arrested on a criminal complaint on November 13, 2013. He has been in custody since his arrest and will remain in custody until sentencing.
The plea agreement also recommends that Andriot be placed under court supervision for the rest of his life. However the court may reconsider the length of supervised release after Andriot has been under court supervision for at least ten years following his release from prison. While under court supervision, Andriot must register as a sex offender anywhere that he lives, works or goes to school. Judge Dlott will review the terms of the plea agreement and set a date for sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by Madeira police detectives and investigators with the Greater Cincinnati ICAC, as well as Assistant U.S. Attorney Christy Muncy, who is prosecuting the case.
Agencies participating in the Greater Cincinnati ICAC include the FBI, Homeland Security Investigations (HSI), the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
# # #Logan Man Sentenced to More Than Two Years for Obstructing $1 Million Arson InvestigationRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Phillip Wayne Workman, 36, of Logan, West Virginia, was sentenced to two years and three months in prison for obstructing a joint state and federal arson investigation into a February 1, 2012 fire that destroyed a commercial building at 111 Stratton Street in downtown Logan. Although four individuals—James Gregory Glick, Guy R. Miller, Shawn C. Simon and William Jamey Thompson—pled guilty to their respective roles in the conspiracy to burn the Stratton Street property for the $1 million insurance policy, Workman obstructed that investigation by providing false information to law enforcement, accusing other innocent individuals of conspiring to burn down the building. Workman went so far as to stage a fake secret meeting with an individual in an attempt to corroborate his claims. At his plea hearing on October 31, 2013, Workman admitted that he completely fabricated the meeting, thereby obstructing and jeopardizing the arson and insurance fraud investigation.
Glick, 44, of Logan, will be sentenced on March 13, 2014. Miller, 39, of Logan, and Simon, 41, Charleston, will be sentenced on March 20, 2014. Thompson, 44, of Chapmanville, will be sentenced on March 24, 2014.
United States District Judge Thomas E. Johnston imposed today’s sentence. The West Virginia State Police and the IRS conducted the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.
Lee's Summit Firm Pleads Guilty to Money Laundering, Must Pay $370,000 to VictimsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lee’s Summit, Mo., company pleaded guilty in federal court today to engaging in money laundering by conducting financial transactions with funds derived from a wire fraud scheme.
D&D Advisors, LLC, located in Lee’s Summit and represented in court by manager David Vorbeck, pleaded guilty before U.S. Chief District Judge Greg Kays to money laundering.
Beginning in 2002, D&D Advisors served as manager for several LLCs that were created by Dean McBride, a financial planner and licensed insurance agent, to manage life settlement investments.
Three client investors are cited as victims in today’s plea agreement. They entered into investment transactions in which they provided a total of $370,000, which they understood to be secured by two life insurance policies, each having a face death benefit amount of $500,000. They loaned money to Dean McBride and his company, Cowboy Financial Advisors, LLC, with the principal to be repaid from the proceeds of the sale of the two insurance policies or the proceeds from the death benefits of the two insurance policies. However, none of the victims ever received any proceeds.
The specific act of wire fraud admitted in today’s plea agreement involves one of the companies managed by D&D Advisors. The company, Philley Insurance, LLC, sold one of the insurance policies that had been used to guarantee the three investments. Philley Insurance sold the policy to Milestone, an investment company, for $95,000. Philley Insurance made fraudulent claims in its contract with Milestone, which led Milestone to believe that no other entity or person had been promised proceeds of the death benefits and that no other entity or person had a security interest in the policy. However, Philley Insurance knew when it entered into the contract with Milestone that several other investment clients had been promised proceeds from the policy or security interests in the policy. Milestone wired $95,000 to the bank account of D&D Advisors; the other client investors were never paid what they had been promised.
Under the terms of today’s plea agreement, D&D Advisors must pay $370,000 in restitution to its victims. D&D Advisors must surrender all governmental licenses and file a notice of dissolution within seven days of the sentencing hearing, which has not yet been scheduled. D&D Advisors may conduct only those activities necessary to wind up its affairs, then must file articles of termination.
This case is being prosecuted by Assistant U.S. Attorney Roseann A. Ketchmark. It was investigated by IRS-Criminal Investigation.Kewa Pueblo Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Lester Nieto, 28, of Kewa Pueblo, was sentenced to 24 months in federal prison followed by five years of supervised release for his statutory rape conviction. Nieto will be required to register as a sex offender after he completes his prison sentence.
Nieto was arrested on March 5, 2013, on an indictment charging him with engaging in a sexual act with a child between the age of 12 and 16 years on Jan. 1, 2012, in a location within Kewa Pueblo. Nieto entered a guilty plea to the indictment on Sept. 13, 2013, and was remanded into custody pending his sentencing hearing.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Justice Department Sues to Shut Down Dallas Tax Return PreparerRead the Press Release
The United States has asked a federal court in Dallas, Texas, to permanently bar Ricia Daniels and her company, Ricia’s Convenience Tax Service, from preparing federal tax returns for others, the Justice Department announced today.
The complaint alleges that, through her business, Daniels understates her customers’ federal tax liabilities by reporting false or inflated personal and business expenses, reporting false or inflated education expenses and improperly claiming other tax credits. According to the complaint, an Internal Revenue Service (IRS) investigation revealed that 97 out of 98 income tax returns prepared by Daniels and audited by the IRS resulted in understatements of her customers’ tax liabilities. The government alleges that the tax harm caused by these understatements exceeds $500,000.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams for 2013 . The IRS has some tips on their website for choosing a tax preparer. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website . An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page . If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Related Materials:
United States v. Ricia Daniels, et al.
Complaint for Permanent Injunction and Other ReliefJudge Sentences Tarentum Woman to 3 Years in Prison for Defrauding Citizens BankRead the Press Release
PITTSBURGH - A Tarentum woman has been sentenced in federal court to 36 months imprisonment, to be followed by five years of supervised release, on her conviction of bank fraud, United States Attorney David J. Hickton announced today.
United States District Judge Gustave Diamond imposed the sentence on Suzanne Czwalga Andre, 48.
According to information presented to the court, from July 2011 to November 2011, Andre negotiated fraudulent checks at various branches of Citizens Bank that she knew would not be honored by the banks on whose accounts the checks were drawn.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Postal Inspection Service and the United States Secret Service for the investigation leading to the successful prosecution of Andre.
Jemez Pueblo Man Sentenced to Thirty-Two Years in Federal Prison for Second Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Lucas Michael Ray Toledo, 25, a resident and enrolled member of Jemez Pueblo, was sentenced this morning to 32 years in federal prison followed by five years of supervised release for his second degree murder conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Toledo was arrested on Sept. 29, 2010, on a criminal complaint alleging that he murdered a 21-year-old man who was also a member of Jemez Pueblo. Toledo subsequently was indicted on that same charge in Oct. 2010. Proceedings in the case were delayed by competency proceedings.
According to court filings, Toledo murdered the victim in the early hours of Sept. 29, 2010, outside Toledo’s residence on Jemez Pueblo. Toledo acknowledged murdering the victim sometime after 1:30 a.m. after the victim repeatedly disrupted Toledo as he was attempting to sleep by knocking on Toledo’s bedroom window. In response to the victim’s disruptive behavior, Toledo went outside and attacked the victim, stabbing him repeatedly with a box-cutter razor and kitchen knife and beating him with a shovel.
On Sept. 11, 2013, Toledo pled guilty this morning to a felony information charging him with second degree murder. In entering his guilty plea, Toledo admitted killing the victim by stabbing him with a knife and beating him with a shovel.
The case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on February 25, 2014 and entering pleas of Not Guilty were:
- CALVIN CLELAND, a 28-year-old resident of Butte, appeared on charges of conspiracy to possess with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, CLELAND faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. PACER Case Reference: 13-24
Appearing before U.S. Magistrate Judge Ostby in Billings on February 25, 2014 and entering pleas of Not Guilty were:
- RODNEY TOMMIE STEWART, a resident of Crow Agency, appeared on charges of habitual offender of domestic assault. If convicted of the charge contained in the indictment, STEWART faces 5 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-20
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 27, 2014 and entering pleas of Not Guilty were:
- DANIEL WALTER SZWEDKOWICZ, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, SZWEDKOWICZ faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-06
Appearing before U.S. Magistrate Judge Ostby in Billings on February 27, 2014 and entering pleas of Not Guilty were:
- TRAVIS JOHN BELL, a 22-year-old resident of Billings, appeared on charges of possession with intent to distribute controlled substances and burglary involving controlled substances. If convicted of the most serious offense contained in the indictment, BELL faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration and the Billings Police Department. PACER Case Reference - 14-16
- HOWARD EMBRY, a 39-year-old resident of Billings, appeared on charges of felon in possession, unlawful user of controlled substance in possession. If convicted of the most serious offenses contained in the indictment, EMBRY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference - 14-21
- DYLAN FROST, a 32-year-old resident of Billings, appeared on charges of possession of an unregistered firearm. If convicted of the charge contained in the indictment, FROST faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. PACER Case Reference - 14-18
Appearing before U.S. Magistrate Strong in Great Falls on February 28, 2014 and entering pleas of Not Guilty were:
- CLAYTON WILLARD CARTER, a 23-year-old resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, CARTER faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearm, and the Missoula Police Department. PACER Case Reference - 14-06
Appearing before U.S. Magistrate Ostby in Billings on March 3, 2014 and entering pleas of Not Guilty were:
- KIM TROTTIER HIRT, a 55-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, conspiracy to commit money laundering and possession with intent to distribute. If convicted of the most serious offenses contained in the indictment, HIRT faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the HIDTA Task Force. PACER Case Reference - 14-10
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, if any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indictment: 8 Pounds of MethamphetamineHidden in Trunk of Women's CarRead the Press Release
WICHITA, KAN. - Two New Mexico women were indicted Tuesday on charges of bringing more than 8 pounds of methamphetamine to Wichita, U.S. Attorney Barry Grissom said.
Annabell Romero, 37, Tucumcari, N.M., and Pamela Y. Meier, 43, Tucumcari, New Mexico, were charged with one count of possession with intent to distribute methamphetamine and one count of traveling in interstate commerce in furtherance of drug trafficking.
They initially were charged in a criminal complaint filed in U.S. District Court in Wichita March 1. An affidavit in support of the complaint alleged that on Feb. 28 they were driving eastbound in the 21000 block of west US 54 when they were stopped by a deputy of the Sedgwick County Sheriff’s. Investigators found the methamphetamine in duct taped bundles inside four brown paper sacks that were hidden in the lining of the trunk. Investigators learned the two women were being paid to transport the drugs from Phoenix to Wichita.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million on the charge of possession with intent to distribute, and maximum penalty of five years and a fine up to $250,000 on the other charge. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Osiel Torres-Guerrero, 35, and Pedro Antonio Torres, 39, both in custody at the Leavenworth Detention Center of CCA, are charged with one count of possession with intent to distribute 3.8 pounds of methamphetamine. The crime is alleged to have occurred Feb. 20 in Wabaunsee County, Kan.
An affidavit filed in the case alleges the methamphetamine was found in their car when they were stopped by the Kansas Highway Patrol while driving eastbound on I-70 near mile marker 322 in Wabaunsee County.
If convicted, they face a penalty of not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
Luis Felipe Cortez-Parra, 23, Wichita, Kan., is charged with one count of possession with intent to distribute approximately 2 kilograms (more than 4.5 pounds) of methamphetamine. The crime is alleged to have occurred Oct. 10, 2013, in Sedgwick County, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Jeremy L. Landon, 49, Garden City, Kan., and Crystal A. Castanada, 27, Garden City, Kan., are charged with one count of distributing methamphetamine and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Jan. 24 in Garden City, Kan.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $1 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Keenan R. Linneman, 33, Emporia, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction, one count of possession with intent to distribute marijuana, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Nov. 4 in Emporia.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge of unlawful possession of a firearm by a felon, a maximum penalty of 10 years and a fine up to $500,000 on the marijuana charge, and a maximum penalty of five years and a fine up to $250,000 on the other charge. The Lyon County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Gabriel Marceleno-Lopez, a citizen of Mexico,is charged with unlawfully re-entering the United States after being deported. He was found Feb. 25, 2014, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Marla R. McDonald, 25, Garden City, Kan., is charged with making false statements in order to receive about $17,500 in Social Security Administration child survivor’s benefits to which she was not entitled. The crime is alleged to have occurred Sept. 22, 2011, in Garden City.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Social Security Administration – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
John William Kerbow, 45, Wichita, Kan., is charged with six counts of aggravated identity theft and six counts of attempted bank fraud. The indictment alleges he used counterfeit driver’s licenses and false checks to attempt to defraud Commerce Bank of Newton, Commerce Bank of Wichita, Intrust Bank of Wichita and Conway Bank of Wichita.
If convicted, he faces a mandatory two years in prison and a fine up to $250,000 on each identity theft count and a maximum penalty of 30 years and a fine up to $1 million on each count of attempted bank fraud. The U.S. Secret Service investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Independence Man Pleads Guilty to Placing Hoax Bomb on City BusRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man pleaded guilty in federal court today to placing a hoax explosive device on a public bus in Independence.
Scott Gene Bradley, 37, of Independence, pleaded guilty before U.S. Chief District Judge Greg Kays to the hoax.
By pleading guilty today, Bradley admitted that he left a suspicious-looking package, designed to look like a bomb, on an IndeBus, part of the public bus service that provides transportation services in Independence. The hoax device was a black lock box with a cell phone taped to the top and a wire running from the cell phone into the interior of the metal box.
An IndeBus driver found the package, which was in a reusable fabric grocery-type bag, under a rear passenger seat on Aug. 10, 2013. The driver believed a passenger had left the bag under the seat and placed it in the front of the bus under the dash area. Upon arriving back at the bus terminal at the end of her shift, the driver left the bag on the bus and exited, intending to report the bag. The bus company does not operate on Sundays and when that driver returned to work on Monday, she had forgotten about the bag.
A second driver drove the bus during the following week. On Thursday, Aug. 15, 2013, upon exiting the bus at end of the day, the second driver noticed the bag. Believing it belonged to another driver or passenger, the second driver took the bag into the bus maintenance area. The driver set the bag down and left for a meeting.
The next morning, Friday, Aug. 16, 2013, the bag was discovered by maintenance personnel, one of whom had prior military experience and immediately recognized the cell phone and box as a possible improvised explosive device. A maintenance worker removed the bag from the building and placed it outside in the parking lot area. The bus company notified law enforcement.
Over the course of several hours, Independence bomb squad personnel, in conjunction with FBI bomb technicians, were able to determine the suspicious package was a hoax device constructed to look like a real improvised explosive device. Agents determined that the phone taped to the top of the black box was owned by Bradley.
When agents interviewed Bradley, he admitted to putting the hoax device on the bus. Bradley told agents he created the hoax device because he was frustrated with several aspects of his life, including how the IndeBus did not run on schedule. Bradley also told agents that he created a second hoax bomb, which he intended to place in the U.S. Postal Service slot at a grocery store to disrupt the U.S. mail. Bradley explained that he did not go forward with that plan because he discovered that the mail slot area at the grocery store has surveillance cameras.
Under federal statutes, Bradley is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Brian P. Casey. It was investigated by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Independence, Mo., Police Department, the Independence Fire Department, the Lee’s Summit, Mo., Police Department, the Lee’s Summit Fire Department, the Jackson County, Mo., Sheriff’s Department and the National Guard.Holden Man Pleads Guilty to Federal Drug and Firearm ChargesRead the Press Release
Contact: Joel B. Casey
Assistant United States Attorney
Tel: (207) 945-0357Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Nicholas
McDonald, 32, of Holden, Maine, pleaded guilty today in U.S. District Court to possession
with intent to distribute heroin and being a felon in possession of a firearm.According to Court records, on April 5, 2013, the defendant was arrested after he fled
from a vehicle that was stopped by law enforcement agents in Holden, Maine. He was found
hiding in the woods nearby. Following his arrest, he was taken to a local hospital for medical
treatment where agents discovered a package of heroin concealed inside his body. In the vehicle,
agents found a safe containing a Sig Sauer Model P226, 9 mm semi-automatic pistol, a digital
scale, and items typically used to package illegal drugs. The defendant’s DNA was found on the
safe and firearm.
In 2006, the defendant was convicted in Maine of felony failure to report to serve a
sentence of imprisonment.He faces up to 20 years in prison on each charge, a $2,000,000 fine on the drug charge
and a $500,000 fine on the firearm charge. He will be sentenced after the completion of a
presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Drug Enforcement Administration, the
Holden, Maine Police Department, the Penobscot County Sheriff’s Department, with the
assistance of the Brewer Police Department, the Maine State Police, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives.Hogsett Announces Sentencing of Hendricks County Man on Child Pornography ChargesRead the Press Release
Prosecution represents more results in U.S. Attorney’s ongoing "Operation Community Watch"
INDIANAPOLIS B Joseph H. Hogsett, the United States Attorney, announced the sentencing of Avon resident William Donald Horner, age 58, to 70 months in federal prison after his admission of guilt to charges that he possessed child pornography. This prosecution comes as the U.S. Attorney’s Office has recommitted to Operation Community Watch, a federal effort which aims to reduce the abuse of Hoosier children through innovative investigative techniques and aggressive prosecution.
“Through our Operation Community Watch initiative, we have joined with state and local partners to make clear that we will not tolerate child exploitation in Indiana,” Hogsett said. “With innovation and vigilance, we are unmasking these online predators and holding them accountable for their criminal activity.”
FBI Special Agent in Charge Robert A. Jones stated, "The distribution of child pornography over the internet is not a harmless, non-violent, victimless act. I am pleased that our relationship with our state and local law enforcement partners produced this sentence and I am confident that, together, we will continue to use every technique in our arsenal to investigate, locate, arrest, prosecute and imprison anyone involved in these acts."
On September 2, 2012, an abandoned computer containing child pornography was located at Horner’s previous residence in Indianapolis. On October 24, 2012, detectives with Indianapolis Metropolitan Police Department sought and were granted a search warrant for Horner’s current residence located in Avon, Indiana. Detectives located a laptop computer inside Horner’s office. A forensic investigation revealed hundreds of videos and images of child pornography on the laptop, including depictions of sexual abuse against children younger than age twelve.
According to Assistant U.S. Attorney MaryAnn T. Mindrum, who prosecuted the case for the government, Horner was also sentenced to lifetime supervised release at the end of his prison term, and must comply with state and federal requirements as a registered sexual offender.
This arrest comes one year after Hogsett announced a comprehensive crackdown on child exploitation in Indiana. In 2013, he launched "Operation Community Watch," which has allowed prosecutors and investigators to use cutting-edge techniques to identify and charge people in Hoosier communities who are engaged in the receipt and trafficking of child pornography materials. In this case, those efforts were facilitated by the Federal Bureau of Investigation, the Indianapolis Metropolitan Police Department, Indiana State Police, and the Indiana Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a larger nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Hogsett pointed out that in the last Project Safe Childhood reporting year, the Office prosecuted 52 defendants, an increase of 37% over the prior year, and 49 defendants were convicted and sentenced. These are all-time records for the Office. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Hogsett Announces Department of Justice Director’s Award for Lead Durham ProsecutorRead the Press Release
Assistant United States Attorney Winfield Ong honored for public corruption trial
INDIANAPOLIS- Joseph H. Hogsett announced today a member of the U.S. Attorney’s Office has received the prestigious Director’s Award from the Executive Office of United States Attorneys. Winfield D. Ong, a 25 year veteran of the U.S. Attorney’s Office received the award for his work in the Tim Durham trial.
Ong, prosecuted Tim Durham, James Cochran and Rick Snow on a white collar fraud case in the Southern District of Indiana, resulting in the largest white collar fraud sentence imposed in the district and brought justice to the approximate 5,000 victims who lost over $200,000,000. Durham, Cochran, and Snow were convicted of conspiracy to commit wire fraud and securities fraud, wire fraud, and securities fraud. The defendants “loaned” the investor funds to themselves and their financially unsuccessful companies without the investors’ knowledge. The investigation involved the seizure and subsequent sale of Durham’s art and classic car collection. Pre-trial litigation involved Durham’s unsuccessful efforts to suppress incriminating conversations intercepted during the wiretap of his cellular telephone. Following a two-week jury trial, Durham, Cochran, and Snow were convicted. Durham was sentenced to fifty years incarceration, Cochran to twenty- five years, and Snow to ten years.
“I could not be more proud of an outstanding employee like Winfield Ong,” said Hogsett. “He personifies all that is good about public service and makes me proud to be associated with this office.”
Winfield Ong, 55, is a native of Evansville, Indiana, attended DePauw University for his undergraduate degree and Lewis and Clark University in Portland, OR, for his law degree. Winfield and his wife Jennifer have three children and live in Indianapolis. He enjoys outdoor activities which include cycling, tennis, hiking, snow skiing and kayaking.
The Director’s Award honors employees from U.S. Attorney’s offices around the country who have supported the mission of their office and distinguished themselves through extraordinary professional achievements and excellence. Mr. Ong was selected from nearly 1000 nominees nation-wide
Hampton Man Sentenced on Bank Robbery ChargesRead the Press Release
CONCORD, N.H. – Jason Pratt, 30, of Hampton, New Hampshire, was sentenced in United States District Court for the District of New Hampshire to 41 months in prison for unarmed bank robbery and conspiracy to commit unarmed bank robbery, announced United States Attorney John P. Kacavas.
On March 22, April 3, and April 20, 2013, Pratt walked into three banks in Hampton and Seabrook, New Hampshire, where he presented a handwritten note demanding money, and made off with a grand total of $11,740 in stolen funds.Special Agents Laura Hanlon and John Ennis led the investigation for the Federal Bureau of Investigation, in collaboration with the Police Departments of Hampton and Seabrook, New Hampshire. This case was prosecuted by Assistant United States Attorney Nick Abramson.
Former Wichita Area Physician SentencedOn Federal Firearm and Drug ChargesRead the Press Release
WICHITA, KAN. – A former Wichita area physician was sentenced Monday to a total of 75 months in prison on federal firearm and drug charges and a violation of federal supervised release, U.S. Attorney Barry Grissom said.
In November, a jury found Lawrence M. Simons, 57, Wichita, Kan., guilty on one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of controlled substances.
During trial, prosecutors presented evidence that in 2009 Simons, a former employee of the Schneider Medical Clinic in Haysville, Kan., pleaded guilty to two counts of unlawfully distributing controlled substances. In January 2010, Simons was sentenced to 24 months in federal prison to be followed by three years on supervised release.In April 2013 an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives learned that Simons had given a pistol to Steven Woodin, proprietor of S&F Bail Bonds in Wichita. Simons owed Woodin for bonding him out of jail on a $25,000 bond in a Sedgwick County District Court case involving a charge of making a criminal threat.
Prosecutors also presented evidence that on Aug. 7, 2008, Simons signed a Drug Enforcement Administration form surrendering his controlled substances privileges. On Aug. 21, 2009, Simons leased three storage units at the West Kellogg Stor-All where he stored personal property. Controlled substances later were found in the storage units including Fentanyl, Actiq, Lortab Elixer, Ketamine, Versed, Midazolam, Brevital Sodium, Diazepam, Stadol and Niravan.
The sentence includes 51 months on the firearms and gun charges and 24 months to be served consecutively for the violation of supervised release.
Grissom commenced the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Alan Metzger for their work on the case.
Former Project Manager Sentenced to Serve Time in Prison for Role in Bid Rigging and Other Fraudulent Schemes Involving Two EPA Superfund Sites in New JerseyRead the Press Release
Gordon D. McDonald, a former project manager for a prime contractor at two U.S. Environmental Protection Agency (EPA) Superfund sites in New Jersey, was sentenced today to serve 14 years in prison for participating in multiple bid-rigging, fraud and kickback schemes, the Department of Justice announced. The prison term, which takes into account the multiple crimes McDonald committed, represents the longest prison sentence ever imposed involving an antitrust crime.
In addition to the prison sentence, McDonald was sentenced in U.S. District Court for the District of New Jersey in Newark by Judge Susan D. Wigenton to pay a $50,000 fine. The court will order restitution at a later date.
After a two week jury trial, ending on Sept. 30, 2013, McDonald was convicted of engaging in separate bid-rigging, kickback and fraud conspiracies with three subcontractors at two New Jersey Superfund sites - Federal Creosote in Manville, N.J., and Diamond Alkali in Newark, in return for kickbacks of more than $1.5 million. He was also convicted of engaging in an international money laundering scheme, major fraud against the United States, committing two tax violations and obstruction of justice. The various conspiracies took place at different time periods from approximately December 2000 until approximately April 2007. McDonald was initially charged in an indictment returned on Aug. 31, 2009.
“Today’s sentencing reflects the seriousness of the crimes committed,” said Bill Baer, Assistant Attorney General in charge of the Justice Department’s Antitrust Division. “The prison sentence imposed by the court shows that if you engage in bid-rigging, fraud and kickback schemes your illegal actions will result in a longer prison sentence.”
According to evidence presented at trial, McDonald accepted kickbacks from sub-contractors in exchange for the award of sub-contracts at Federal Creosote. McDonald provided co-conspirators at Bennett Environmental Inc., a Canadian-based company that treats and disposes of contaminated soil, with bid prices of their competitors, which allowed them to submit the highest possible bid prices and still be awarded the sub-contracts.
McDonald also accepted kickbacks in exchange for the award of sub-contracts at the Federal Creosote and Diamond Alkali sites from the owner of JMJ Environmental Inc., a wastewater treatment and chemical supply company, and the co-owner of National Industrial Supply LLC, an industrial pipe supplier. He also participated in a conspiracy with the owner of JMJ and co-conspirators to rig bids and allocate sub-contracts for wastewater treatment supplies and services at Federal Creosote.
Including McDonald, nine individuals and three companies have pleaded guilty or been convicted of charges arising out of this investigation. More than $6 million in criminal fines and restitution have been imposed and six of the individuals have been sentenced to serve prison sentences ranging from five to 168 months. One individual was sentenced to six months home confinement and the remaining two were sentenced to pay criminal fines and restitution. An additional individual, John A. Bennett, a Canadian citizen, was also charged on Aug. 31, 2009, and is facing extradition to the United States.
The cleanup at Federal Creosote is partly funded by the EPA. An interagency agreement between the EPA and the Army Corps of Engineers designated that the Army Corps hire the prime contractors at Federal Creosote. According to a settlement with the EPA and the New Jersey Department of Environmental Protection, Tierra Solutions was required to fund remedial action and maintenance of Diamond Alkali. Tierra Solutions hired the prime contractor for the remedial action and maintenance of Diamond Alkali.
Today’s conviction is the result of an ongoing federal antitrust investigation being conducted by the Antitrust Division’s New York Office, the EPA Office of Inspector General and the Internal Revenue Service-Criminal Investigation. Anyone with information concerning bid rigging, kickbacks, tax offenses or fraud relating to subcontracts awarded at the Federal Creosote Superfund site or Diamond Alkali Superfund site should contact the Antitrust Division’s New York Office at 212-335-8000 or visit www.justice.gov/atr/contact/newcase.htm.
Former New Jersey Attorney Admits Generating More Than $1 Million Profit from Phony Awsuits Filed in New York State CourtRead the Press Release
CAMDEN, N.J. – A former attorney in the Haddonfield, N.J., office of a firm specializing in toxic tort litigation today admitted that he falsified defendants’ names in more than 100 asbestos suits filed in New York State courts in order to increase business and his standing in the firm, U.S. Attorney Paul J. Fishman announced.
Arobert C. Tonogbanua, 44, of Sicklerville, N.J., pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an information charging him with one count of wire fraud. During the proceeding, Tonogbanua admitted that he fraudulently inserted the names of his former law firm’s clients into legitimately filed asbestos suits and charged the clients more than $1 million in attorney’s fees, costs and settlements to defend them.
According to documents filed in this case and statements made in court:
From 2008 through April 9, 2012, Tonogbanua worked at the Haddonfield office of a firm specializing in toxic tort litigation, workers’ compensation and immigration law, during which time he engaged in the wire fraud scheme.
Specifically, Tonogbanua admitted, he obtained copies of legitimately filed asbestos complaints and fraudulently altered them by deleting a named defendant and inserting the name of one or more of his firm’s clients. Tonogbanua admitted that, unbeknownst to anyone else at the firm, he forwarded those fraudulently altered complaints by email, fax and otherwise to the firm’s clients, their representatives and insurance companies.
After notifying the firm’s clients of the suits, Tonogbanua – and others at the firm who were not involved in the scheme – undertook the representation of the clients, by attending depositions, answering discovery and even settling claims. It is estimated that Tonogbanua inserted his firm’s clients’ names into more than 100 lawsuits, resulting in the generation of more than $1 million in fraudulent fees, costs and settlements. Tonogbanua personally benefitted from the scheme through bonuses and increased compensation.
Tonogbanua faces a maximum potential penalty of 20 years in prison and a $250,000, or twice the gross gain or loss from the scheme – whichever is greater. Sentencing is currently scheduled for June 17, 2014.
Under the terms of the plea agreement, Tonogbanua has agreed to make full restitution to his former law firm for all of the losses resulting from his fraudulent scheme. The firm has already repaid its clients.
U.S. Attorney Fishman credited special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Edward J. Hanko in Philadelphia, with the investigation leading to Tonogbanua’s guilty plea.
The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office in Camden.
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Defense counsel: Michael Miller Esq., Turnersville, N.J.
Tonogbanua, Arobert Information
Former FBI Special Agent Sentenced for Making Illegal Cash DepositsRead the Press Release
FRESNO, Calif. —Travis Raymond Wilson, 38, of Huntington Beach, Calif., was sentenced yesterday by Judge Anthony W. Ishii to two years of probation for structuring, United States Attorney Benjamin B. Wagner announced.
The Bank Secrecy Act requires financial institutions, such as banks, to file Currency Transaction Reports (CTR) on any cash transaction in an amount greater than $10,000. CTRs are filed with the United States Department of Treasury and are made available to law enforcement agencies, such as the Federal Bureau of Investigation. It is a federal crime to make cash deposits in an amount of $10,000 or less with the intent to prevent a financial institution from filing CTRs such transactions.
According to court documents, Wilson was a special agent with the Federal Bureau of Investigation beginning in 2004 and continuing through 2013. He was most recently a supervisory special agent in the FBI Long Beach Resident Office of the Los Angeles Field Office until his resignation from the FBI in December 2013. Between January 2008 and February 2013, Wilson regularly gambled at casinos in California, Nevada, Arizona, and West Virginia. Even though he frequently left the Casinos with more than $10,000 cash, Wilson regularly made deposits in amounts of $10,000 or less into his bank account. Wilson structured his cash deposits to attempt to prevent CTRs from being filed on him because he did want not the FBI to become aware of his gambling activities. In total, Wilson structured more than $488,000 in cash into his bank account over this time period.
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation, the Department of Justice Office of Inspector General, and the Central California Financial Crimes Task Force. Assistant United States Attorney Grant B. Rabenn prosecuted the case.
Five Indicted for Conspiracy to File False Tax ReturnsRead the Press Release
Five Detroit-area residents were indicted today on charges of filing false tax returns with the Internal Revenue Service, U.S. Attorney Barbara L. McQuade announced today.
McQuade was joined in the announcement by Carolyn Weber, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigation.
Charged were Johnnie Denham, Jr., 55, of Romulus, Anthony Craig Paul, 55, of Southfield, Vernon Lawson, 58, of Westland, Felicia C. Ramsey, 41, of Detroit, and Jacqueline Brown, 58, of Detroit.
The 11-count indictment alleges that the fraudulent claims for refunds totaled more than $6 million. Less than $1 million was actually released to the defendants.
The indictment alleges that between 2009 and 2010, Denham, Paul and Lawson participated in a scheme to receive payment for false claims for refunds from the IRS by filing false income tax returns for the 2008 tax year for themselves and others. They solicited others to falsely claim federal income tax refunds to which they were not entitled.
The indictment alleges that Ramsey and Brown voluntarily joined the conspiracy by filing false claims. Denham, Paul and Lawson received a large portion of the refunds that were released.
“The indictment filed today alleges Denham and four others were involved in a $6 million refund fraud scheme and enriched themselves in the process,” said Carolyn Weber, Acting Special Agent in Charge of IRS-Criminal Investigation. “During filing season, it serves as a timely reminder that filing false claims for income tax refunds is tantamount to stealing from those who pay their taxes and IRS Criminal Investigation will pursue those responsible.”
The defendants face a maximum term of imprisonment of ten years for conspiracy and five years for filing the false claims. The defendants also face fines of up to $250,000 per count. The actual sentence imposed, if convicted, would depend on a number of factors, including the defendant’s criminal record, if any, and advisory sentencing guidelines.
An indictment is only a charge and is not evidence of guilt. The defendants are entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
The case was investigated by Special Agents of the IRS Criminal Investigation.Five Charged with Marijuana TraffickingRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Carlos White, 38, Jesica Leonard, 25, and Steve Fulcott, aka Tommy G, 21, all of Rochester, N.Y., and Andre McFarlane, 34, and Marlando Allen, 34, of Jamaica, were arrested and charged by criminal complaint with possession with intent to distribute marijuana. Defendants White, Leonard, and McFarlane were also charged with possession of a firearm in furtherance of a drug trafficking crime. White was also charged with being a felon in possession of a firearm.
The marijuana trafficking charge carries a maximum sentence of five years in prison and a fine of $250,000. Possession of a firearm in furtherance of a drug trafficking charge carries a minimum sentence of five years in prison, a maximum of life, and a $250,000 fine. Being a felon in possession of a weapon carries a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that the charges stem from a joint federal/state investigation into the homicide of Jaqueline Simmons, Jermeliah Simmons and Michael Nelson, who were discovered shot to death at an apartment at 809 Chili Avenue in the City of Rochester on February 24, 2014. The investigation led law enforcement officers to two apartments at 2167 Clifford Avenue in Rochester, which were searched on February 28, 2014.During the searches, officers seized over 80 pounds of marijuana, scales and baggies for the weighing and packaging of marijuana for sale, a loaded .45 caliber pistol with an obliterated serial number, and a 9mm pistol loaded with 20 rounds of live ammunition. Forensic analysis determined that the 9mm pistol recovered at 2167 Clifford Avenue was the weapon used in the three murders. At the scene of the homicide, law enforcement collected 10 shell casings, all of which were compared to a test fired round from the 9mm pistol. Based on that comparison, a forensic examiner determined that the shell casings found at the homicide scene at 809 Chili Avenue were fired from the 9mm pistol recovered at 2167 Clifford Avenue. A Blackberry cell phone recovered during the searches contained pictures of what appears to be the murder weapon, as well as pictures of marijuana and cash.
The defendants were taken into custody at 2167 Clifford Avenue on February 28, 2014. McFarlane and Allen are both in the country illegally.The criminal complaint is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Thomas J. Cannon, Special Agent in Charge, New York Field Office, U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Ferrelview Man Pleads Guilty to his Role in Natinowide Child Porn Ring, Faces 40 Years in PrisonRead the Press Release
Project Safe Childhood
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Ferrelview, Mo., man pleaded guilty in federal court today to using four young victims to produce child pornography as part of a nationwide child pornography ring.
Raymond M. Appling, 31, of Ferrelview, pleaded guilty before U.S. District Judge Gary A. Fenner to four counts of producing or attempting to produce child pornography. Under the terms of today’s plea agreement, Appling will be sentenced to 40 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
By pleading guilty today, Appling admitted that he took pornographic photos and video of four child victims, which he shared with others.
According to today’s plea agreement, FBI agents had identified two suspects in Colorado and in San Diego, Calif., that linked Appling to the child pornography ring. Detectives with the Kansas City, Mo., Police Department executed a search warrant at Appling’s residence on Feb. 8, 2012, and seized computers, computer media and a camera. In an interview with the detectives, Appling identified a third member of the child pornography ring located in Pennsylvania. The other members of the child pornography ring are being prosecuted in those jurisdictions.
Appling admitted that he took a child victim, identified as Jane Doe #1, to visit the San Diego suspect, whom he knew had a sexual attraction to minors. Appling also took pornographic photos of Jane Doe #1 when she was eight years old.
Appling also took photos of a second child victim, identified as Jane Doe #2. Appling took photos of Jane Doe #1 and Jane Doe #2 together in the shower. Jane Doe #2 also told investigators that she had met the San Diego suspect at Appling’s home.
Appling took photos of a third child victim, identified as Jane Doe #3, while she was asleep on his couch. A series of photos depicts Appling moving Jane Doe #3’s clothes so that she is exposed, and Appling touching her.
Appling also produced a movie of a 12-year-old victim, identified as Jane Doe #4, while she was undressing and getting ready to take a shower.
A forensic examination of Appling’s computers, cameras, and computer media determined that an external hard drive had been wiped and reformatted. There was evidence on the external hard drive which indicated that videos with a sexual theme (including child pornography) were once on the hard drive. Evidence indicated that some of the movies that were once on the external hard drive were sent through the use of an encrypted instant messaging program. In addition, a large number of Yahoo! messenger chat fragments were recovered from several log files from Feb. 4, 2011 through July 5, 2011. In many of the chats the participants (including Appling and the other suspects) stated that they were actively engaged in sexual abuse and/or child pornography. There were also several unidentified participants engaged in the online chats.
This case is being prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Federal Jury Convicts Dallas County Man on Drug and Firearm OffensesRead the Press Release
DALLAS — Following a three-day jury trial before U.S. District Judge Jorge A. Solis, a federal jury has convicted Victor Chapa, 32, of Irving, Texas, on one count of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime. Today’s announcement was made by U.S. Attorney R. Saldana.
Chapa’s five co-defendants have pleaded guilty to their respective roles in the conspiracy and are awaiting sentencing. Chapa faces a mandatory minimum statutory penalty of five years and a maximum of forty years in prison on the conspiracy conviction and a mandatory minimum statutory penalty of five years and a maximum penalty of life in prison on the firearm conviction, which must be consecutive to the conspiracy conviction. A sentencing date was not set.
The government presented evidence at trial that the conspirators used a residence and outbuilding containing an apartment on Harlan Street in Irving to store, repackage for distribution and distribute quantities of marijuana. When a search warrant was executed at the site, officers recovered handwritten notes on spiral notebooks and on loose pieces of paper that reflected marijuana sales, identified customers and noted amounts of money owed for marijuana, along with firearms in the main residence. In the detached apartment, law enforcement located wrappings, also known as marijuana “skins,” that previously contained approximately 528 pounds of marijuana, loose marijuana on the floor, cellophane wrapping, zip lock bags, digital scales, several loaded firearms and additional ammunition.
The North Texas High Intensity Drug Trafficking Area (HIDTA) Task Force and the Irving, Fort Worth and Dallas Police Departments investigated. Assistant U.S. Attorney Mary Walters prosecuted.
Ex-Oregon Department of Human Services Employee Sentenced for Theft of Welfare BenefitsRead the Press Release
PORTLAND, Ore – Yesterday, U.S. District Judge Marco A. Hernandez sentenced Denise Lachelle Palfrey, 38, of Tacoma, Washington, for stealing welfare benefits while employed at the St. John’s branch of the Oregon Department of Human Services (ODHS). On November 18, 2013, pursuant to a plea agreement, Palfrey pleaded guilty to one count of theft of government funds and one count of Supplemental Nutrition Assistance fraud, both felony offenses. Judge Hernandez sentenced Palfrey to three years of probation, including eight months of home detention, and full restitution in the amount of $4,233.76.
In pleading guilty, Palfrey admitted that in November and December of 2011, she stole Supplemental Nutrition Assistance (SNAP) benefits (previously known as food stamps) and Temporary Assistance for Needy Families (TANF) benefits.
Palfrey previously worked for the ODHS in the St. John’s branch office in Portland. Defendant’s duties included screening applications for welfare programs, determining applicant eligibility for SNAP benefits and other welfare programs, and issuing Oregon Trail cards to clients. An Oregon Trail card is an Electronic Benefits Transfer (EBT) card, similar to a bank debit card. When individuals qualify for food or cash benefits, Oregon Trail card accounts are set up for them. Benefits are automatically deposited onto the card each month. The Oregon Trail card is used to access the SNAP food benefits and TANF cash benefits.
An investigation revealed that in November and December of 2011, Palfrey fraudulently cancelled eight Oregon Trail EBT cards without the knowledge or consent of the cardholder and, forged the victim cardholder’s name in a log kept in the St. John’s ODHS branch office. Palfrey issued and then converted the new Oregon Trail EBT card to her own use. Palfrey activated each of the Oregon Trail cards and used the benefits on the card at local merchants within days of activation. Palfrey used or transferred to others the Oregon Trail cards with SNAP benefits for use at merchants including Costco, Safeway, and others. The TANF benefits were withdrawn from the Oregon Trail cards as cash at merchant and bank EBT terminals.
The ODHS, Office of Payment Accuracy and Recovery and the U. S. Department of Agriculture, Office of Inspector General – Investigations (USDA-OIG) jointly conducted the investigation. Assistant U. S. Attorney Donna Brecker Maddux handled the prosecution.
Essex County, N.J., Man Convicted of CarjackingRead the Press Release
NEWARK, N.J. - An Essex County, N.J., man has been convicted on all counts in connection with a March 2012 carjacking, U.S. Attorney Paul J. Fishman announced today.
Anthony Jefferson, 21, of Newark, was convicted of one count of conspiracy, one count of carjacking and one count of brandishing a firearm in furtherance of a carjacking following a five-day trial before U.S. District Judge Kevin McNulty in Newark federal court. The jury deliberated two hours before returning the guilty verdicts on March 3, 2014.
According to documents filed in this case and the evidence at trial:
On the morning of March 11, 2012, Jefferson and Sharod Culp, 21, of Newark, approached two individuals who were sitting in a parked 2009 Hyundai Sonata in the area of Patterson Street in Newark. Culp pointed a firearm at the victims, and both Culp and Jefferson ordered the victims to get out of the car. After robbing and taunting the victims, Culp and Jefferson fled the area in the carjacked vehicle.
After the carjacked vehicle was recovered, it was processed for evidence, and latent fingerprints identified to be those of Culp and Jefferson were found inside the vehicle. Both victims positively identified Culp as one of the people who carjacked them; one of the victims also identified Jefferson to be the other person who carjacked them. Culp pleaded guilty in July 2013 to carjacking and brandishing a weapon in furtherance of a carjacking and is awaiting sentencing.
The charge of carjacking carries a maximum potential penalty of 15 years in prison. The charge of use of a firearm in furtherance of a crime of violence carries a maximum potential penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other prison term. Each of the two counts also carries a maximum fine of $250,000. Sentencing will be scheduled at a later date.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; the Newark Police Department, under the leadership of Acting Director Sheilah A. Coley; and the Essex County Prosecutor's Office, under the direction of Acting Prosecutor Carolyn A. Murray; as well as criminal investigators from the U.S. Attorney's Office in Newark with the investigation leading to the conviction.
The government is represented by Assistant U.S. Attorneys Robert Frazer and Elizabeth Harris of the U.S. Attorney's Office Criminal Division in Newark.
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Defense counsel: Vincent Sanzone Jr. Esq., Elizabeth, N.J.El Dorado Hills Man Indicted on Three Counts of Tax EvasionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a sealed three-count indictment on February 27, 2014, against Kamyar Soltani, 45, of El Dorado Hills, charging him with attempted tax evasion, United States Attorney Benjamin B. Wagner announced. The pending indictment was unsealed today.
Soltani was arrested on Monday, March 3, 2014. He was arraigned and pleaded not guilty. He was released on a $100,000 bond.
According to IRS-Criminal Investigation Special Agent in Charge José M. Martinez, “All Americans have a duty to pay their fair share. The prosecution of individuals who intentionally conceal income and evade taxes is a vital element in maintaining public confidence in our tax system. We should not expect the honest taxpayer to foot the bill for those who hide income from the IRS."
According to court documents, Soltani attempted to evade his tax obligations for the tax years of 2005, 2006, and 2007. In each of those years, Soltani received income subject to taxation of well-over $200,000, and failed to file timely income tax returns for the tax years of 2005 and 2006. He ultimately filed tax returns for all three tax years in March 2008, but those returns were false; the resulting tax due and owing over three years totaled more than $150,000. Moreover, as alleged in the indictment, Soltani attempted to evade the proper assessment of his tax obligations by, among other things: receiving compensation in cash; having his compensation paid directly to, or in the names of, nominees, family members, and a creditor; concealing his income in his parents’ bank account; and filing three false tax returns in March 2008.
This case was the product of an investigation by the Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Nirav Desai is prosecuting the case.
If convicted, Soltani faces a maximum statutory penalty of five years in prison and a $100,000 fine on each count in the indictment. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
East St. Louis Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Follow @SDILNewsJason C. Bryant, a 31-year old, East St. Louis, Illinois, man was sentenced on February 28, 2014, in federal district court in East St. Louis, Illinois, on one count of failure to register as a sex offender, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Bryant was sentenced to 21 months in prison, five years of supervised release, ordered to pay $100 special assessment and a $150 fine.
On May 2, 2011, Bryant was released from prison in the State of Indiana following his conviction there for cocaine distribution. He immediately moved to Illinois without registering as a sex offender within the three day state requirement of his move from Indiana to Illinois. The registration condition was due to his Criminal Sexual Assault conviction on March 24, 2000, in St. Clair County, Illinois.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was investigated by the United States Marshals Service and prosecuted by Assistant United States Attorney Daniel T. Kapsak.
Cranston Man Ordered Detained in Federal Custody After Federal and Local Law Enforcement Seize 93 Grams of FentanylRead the Press Release
PROVIDENCE, R.I. – Victor Sena, aka “V,” 35, of Cranston, R.I., was ordered detained in federal custody today by U.S. District Court Magistrate Judge Lincoln D. Almond, having been charged with possession of fentanyl with the intent to distribute, announced United States Attorney Peter F. Neronha and John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) New England Field Division.
According to an affidavit in support of a criminal complaint filed with the court, Sena was arrested on Monday after DEA agents and local and state law enforcement officers assigned to the Rhode Island DEA Drug Task Force seized 93 grams of fentanyl found stashed in a bag of rice in Sena’s Cranston residence.
According to the affidavit, during the month of March 2014, the DEA, in collaboration with the Cranston, East Providence, Providence and Woonsocket Police Departments, conducted an investigation into the alleged distribution of heroin and fentanyl in the City of Cranston. Information developed by DEA agents and drug task force members indicated that Sena was allegedly distributing heroin and/or fentanyl. DEA agents and members of the drug task force executed a court authorized search of Sena’s residence on Monday and seized 5 plastic bags containing a total of 93 grams of fentanyl found stashed inside a container of rice in the kitchen.
A criminal complaint is merely an allegation 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.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.
Possession of fentanyl with the intent to distribute is punishable by a statutory penalty of up 20 years in federal prison followed by between 3 years and lifetime supervised release, and a fine of up to 1,000,000.
The DEA Drug Task Force is comprised of law enforcement agents and officers from the DEA, Rhode Island State Police, and the Cranston, East Providence, Newport, Pawtucket, Providence, South Kingstown, Warwick and Woonsocket Police Departments.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Clay County Man Sentenced to 15 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard sentenced Melvin Hubert Holmes (52, Clay County) yesterday to 15 years in federal prison for producing and possessing videos and images depicting child pornography. He was also ordered to serve a 5-year term of supervision, following his incarceration, and to register as a sex offender. A federal jury found Holmes guilty on September 16, 2013.
According to testimony and evidence introduced during trial, from March 10, 2012, through August 19, 2012, Holmes installed a hidden video spy camera in several areas of a bathroom in his residence. On several occasions, Holmes used the camera to capture pornographic videos and images of a minor child. Partially covered holes in a sink vanity and two walls, that had housed the camera, were discovered on August 23, 2012. Clay County Sheriff's Office personnel were contacted and responded to the residence. Several items were seized as part of the investigation, including Holmes’ laptop computer. A forensic analysis of the computer revealed images and videos depicting child pornography that were produced by Holmes.
This case was investigated by the Clay County Sheriff's Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Cherokee County Man Charged with Extorting Teen Girls for Pornographic ImagesRead the Press Release
ATLANTA – Destin Whitmore has been arraigned and detained on charges of extortion, enticement of a minor, and distribution and possession child pornography. Whitmore was indicted by a federal grand jury on February 19, 2014.
“This defendant preyed on teenage girls and attempted to extort them to create and send him pornographic images,” said United States Attorney Sally Quillian Yates. “He threatened to post compromising images of the girls on the internet and to send them to their friends and family. This is a stark reminder of the need for parents to talk with their children about internet safety.”
Ricky Maxwell, Acting Special Agent in Charge, FBI Atlanta Field Office, stated: “This case exemplifies the need to remain vigilant against child predators and others who would exploit the vulnerabilities of minor children over the internet. The FBI remains uniquely positioned to investigate and bring forward for prosecution those individuals who would exploit and harm our nation’s children and we ask that anyone with information regarding such activity to call their nearest FBI field office.”
According to United States Attorney Yates, the charges, and other information presented in court: In April 2012, a teen girl in Arizona reported that she was contacted using a popular social media website by an individual using a profile name “Ralph Jenkins.” The individual using the Jenkins profile, later identified as the Defendant, Destin Whitmore, sent the teen compromising images of herself and threatened to send those images to others, including her family members, if she did not immediately create additional images for him. A subsequent investigation of that profile, along with a profile using the name “Lenny Carlington” showed that both profiles were used by the Defendant, along with his own social media accounts, to transmit pornographic images of numerous teen girls to the girls to extort them for additional images. If they did not comply with his wishes, he threatened to distribute the pornographic images to others and post them on various websites for public consumption. Many of the girls Whitmore extorted were known to him through personal relationships or through long term communications using web cameras with the girls online.
The indictment charges Whitmore, 22, of Canton, Ga., with five counts of extortion, one count of enticing a minor to engage in sexual activity, three counts of distribution of child pornography and five counts of possession of child pornography.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Cobb County Police Department and the Federal Bureau of Investigation.
Assistant United States Attorney Jill E. Steinberg is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Central Falls Resident’s 10-Year Federal Prison Sentence on Drug Trafficking, Firearm and Money Laundering Convictions Increased by 5 Years for Home Invasion and RobberyRead the Press Release
PROVIDENCE, R.I. – Napoleon Andrade, 32, of Central Falls, who is currently incarcerated while serving a 10-year federal prison sentence for drug trafficking, money laundering, theft of government property and federal firearm violations was enhanced today by 63 months for his role in a March 2010 home invasion in Stamford, Connecticut, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
At sentencing, U.S. District Court Judge John J. McConnell ordered Andrade to serve 31 months of the newly imposed sentence consecutive to the 10-year sentence he is currently serving. The additional 32 months were ordered to be served concurrently. Andrade pleaded guilty on December 11, 2013, to one count of conspiracy to commit robbery.According to court records, in 2009 and 2010, Andrade was the target of an unrelated, long-term federal, state and local law enforcement investigation into his suspected drug trafficking activities. During a March 8, 2010, conversation surreptitiously recorded by law enforcement, Andrade discussed his participation in home invasions in Connecticut and New York. Andrade provided significant details of the home invasion in Connecticut which ATF agents used to track down accounts of the incident. The victim of the home invasion, a 78-year-old man who was well known to Stamford Police as being an associate of the Gambino crime family, was bound and blindfolded. According to the victim, the attackers, who gained entrance to home purporting to be deliveryman, stole more than $200,000 worth of jewelry, more than $16,000 in cash and a double-barreled shotgun.
According to information presented to the court, the home invasion was planned in a growing dispute over a loansharking debt that had grown to be in excess of $300,000. Andrade was brought in to provide “muscle” during the home invasion.
Gennaro Mieli, 61, of Niantic, CT., is awaiting trial in U.S. District Court in Providence on an indictment charging him with conspiracy to commit robbery and witness intimidation; Stephen Conti, 42, of Swansea, Mass., is awaiting sentencing, having pleaded guilty on September 26, 2013, to a one count indictment charging him with conspiracy to commit robbery.
In August 2011, in unrelated matters, Andrade admitted in court to the facts that were the basis for charges contained in three federal indictments and three informations. The charges were the result of several ATF led investigations, and several joint federal, state and local investigations. Some of the investigations included “sting operations” and the use of electronic surveillance equipment.
According to information presented to the court, in January 2010, Rhode Island State Police became aware of the presence of a kilogram of cocaine hidden under a treadmill in a gym in the Central Falls apartment building in which Andrade lived. Andrade admitted that he made statements, in a conversation monitored by ATF agents, that the cocaine was his.
Additionally, Andrade admitted to the court that in March 2010, he broke into a vehicle in Central Falls which he believed contained 100 grams of sham crack cocaine; $500 in cash; and purported stolen jewelry. The car was placed on a street in Central Falls by ATF agents as part of a “sting operation.”
Andrade also admitted to the court that in April 2010, he provided a fully loaded .357 caliber revolver to a person working with government agents, with the intent that the firearm be used in a “drug-rip” of a kilogram of cocaine from a home in Connecticut.
Andrade also admitted that in December 2009, he and a person working with government agents broke into a storage unit in North Providence that was rented by the ATF. They stole 840 cartons of cigarettes valued at over $30,000, which were owned by the Government. Andrade planned the break-in and provided funds to purchase bolt cutters that were used to open the storage unit.
Andrade also admitted that in December 2009, he sold one pound of marijuana for $1,000 cash to a person working with government agents. An additional fifteen one pound packages of marijuana were observed inside Andrade’s residence at the time of the purchase.
At the time of Andrade’s guilty pleas in August 2011, he admitted to the court that his principal source of income was derived from drug trafficking and other crimes, and that he had committed the crime of money laundering in the purchase of a $42,000 automobile for which he paid cash.
The cases were prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan and Adi Goldstein.
United States Attorney Peter Neronha acknowledged and thanked the Rhode Island State Police, Central Falls Police, Pawtucket Police, Providence Police, North Providence Police, Stamford, CT., Police and the United States Attorney’s Office for the District of Connecticut for their assistance in the investigations and prosecutions of these matters.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]California Man Guilty in $7 Million Fraud Scheme Concerning Purported Alternative Energy TechnologyRead the Press Release
LOS ANGELES – A Northern California man has been convicted of federal fraud charges for his involvement in a $7 million investment scheme that lured investors with false promises relating to the development of an alternative energy technology, Richard S. Hartunian, the United States Attorney for the Northern District of New York, announced today.
Richard M. Rossignol, 63, who now resides in Shingle Springs, California, was convicted on February 28 of one count of conspiracy to commit mail and wire fraud. The jury took less than six hours to render its verdict on the sole count.
United States District Judge Audrey B. Collins presided over the seven-week trial in United States District Court in Los Angeles. Following the verdict on Friday, Judge Collins scheduled a sentencing hearing for June 16. At sentencing, Rossignol faces a sentence of up to 20 years in federal prison.
Rossignol and a co-defendant – William A. Stehl, 69, of Ventura – were arrested in Oxnard, California four years ago in connection with an indictment filed in the Northern District of New York. Both men were charged with conspiracy to commit mail and wire fraud. Additionally, Stehl was charged with several tax charges and lying to federal agents.
The conspiracy count alleged that from 2001 up to the time of the indictment in March 2010, Stehl, Rossignol and others induced victims to invest money in companies that were purportedly developing or utilizing an alternative energy source Stehl claimed he had developed. Investors were told that one of Stehl’s applications related to the processing of precious metals allegedly contained in a slag pile in Silver City, New Mexico.
Stehl and Rossignol were charged with fraudulently obtaining money from investors by making false representations about the status of the process, claiming that contracts and licensing agreements had either been signed, or were about to be signed, and would result in significant financial returns for the investors. Stehl and Rossignol obtained more than $7 million from more than 300 victims. None of the investors received the returns promised by Stehl and Rossignol, and most of the money obtained was used for personal expenditures by Stehl and Rossignol.
Stehl was living near Saranac Lake in New York when the scheme started. Stehl moved to Southern California in late 2005, and Rossignol was convicted of conspiring with Stehl and others up to the time of the indictment. Fraud victims lived across the nation, including in Sacramento, California; Los Angeles; Charleston, West Virginia; and New York.
The indictment was originally filed in the Northern District of New York, but in October 2012, the case was transferred to the Central District of California to accommodate Stehl, who received injuries in an explosion occurring in a building in Sylmar, California, on August 9, 2011.
In November 2013, Judge Collins granted a request by Stehl’s attorneys to have a separate trial. Stehl is now scheduled to go to trial on July 22. Rossignol is free on bond.
The investigation in this case was conducted by Special Agents of the Internal Revenue Service Criminal Investigation, New York Field Office, and the Federal Bureau of Investigation, Albany, New York Resident Agency. The case is being prosecuted by Assistant United States Attorney Kevin P. Dooley of the Binghamton branch office in the Northern District of New York. Additional inquiries can be directed to AUSA Dooley at (607) 773-2887.
Cahokia Man Sentenced for Firearm OffenseRead the Press Release
Follow @SDILNewsMautaveus T. Ayers, 18, of Cahokia, Illinois, was sentenced in federal district court in East St. Louis, Illinois, on February 27, 2014, to 34 months in prison, to be followed by three years supervised release, a $100 special assessment, and a $250 fine, for unlawful possession of a firearm by a previously convicted felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Court proceedings revealed that on April 17, 2013, a patrolling officer in Cahokia, Illinois, observed a vehicle driven by Ayers commit a traffic violation and fitting the description of a car involved in a shooting earlier that day. The officer activated his lights in an attempt to stop the vehicle, but Ayers continued driving. A short chase followed with Ayers eventually stopping in an apartment complex parking lot. Ayers ran upon exiting the vehicle, but stopped after the officer drew his weapon. Ayers was placed under arrest. The police car’s dash camera recorded Ayers making statements on his cell phone to an unknown individual about his arrest and instructing the individual to retrieve a weapon from his home he had hidden under his sink. Ayers consented to a search of his home the following day, where a shotgun was recovered underneath his kitchen sink.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cahokia Police Department. Special Assistant United States Attorney Neal C. Hong prosecuted the case.