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22 April 2014
Barberton Woman Indicted for Failing to Register as Sex OffenderRead the Press Release
Susan L. Kathan, aka Susan Dent, aka Susan Shover, aka Susan Davis, 57, of Barberton, Ohio, was indicted today by a federal grand jury for failure to register and update registration as required under the Sex Offender Registration and Notification Act, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The United States Marshals Service in Cleveland, Ohio conducted the investigation. The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Baltimore Man Sentenced to over 24 Years in Prison for Producing Child Pornography and Attempting to Entice A Minor to Have SexRead the Press Release
Also Encouraged His Ex-Wife to Distribute Child Pornography
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced David Ralph Fisher, age 43, of Baltimore, today to 293 months in prison, followed by lifetime supervised release, for producing child pornography and attempting to coerce and entice a minor to engage in sexually explicit activity. Judge Bredar ordered that upon his release from prison, Fisher must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to his plea agreement and court documents, David Fisher repeatedly requested that his ex-wife, Lori Fisher, produce sexually explicit photos of two minor girls, which she did on at least two occasions between August and December of 2008. Lori Fisher took the photos on her cell phone, then texted the images to David Fisher, who saved the images on his cell phone and computers.
On November 4, 2012, the Baltimore Police Department received information that images and videos of child pornography were observed on David Fisher’s external hard drive at his residence. The external hard drive was provided to police. Many files depicting minors engaged in sexually explicit conduct were found.
A search warrant was subsequently executed at David Fisher’s residence on November 20, 2012, and computers, cell phones and other items were seized. Sexually explicit email messages with attachments were recovered in which Fisher solicited child pornography from other individuals, and shared child pornography from his collection. Also, in February 2013, law enforcement confirmed that some of the sexually explicit images found on David’s computer and cell phone were images of the two minor girls that Lori Fisher had photographed and sent to David. In all, over 2,200 images and 100 videos of minors engaged in sexually explicit conduct, including prepubescent minors, were recovered.
On March 14, 2013, a Baltimore Police detective working undercover contacted David Fisher on Facebook, posing as a 14 year old female. Between March 14 and April 11, 2013, David Fisher communicated with the undercover detective through Facebook and email, often using a computer at a public library because of law enforcement’s seizure of his home computer. David Fisher asked the undercover detective to send him sexually explicit photos, and sent the undercover detective sexually explicit photographs of himself. Fisher also gave the undercover detective his cell phone number and proposed meeting to engage in sexual activity. A meeting was arranged for April 11, 2013. Fisher was arrested when he arrived at the meeting.
Lori Fisher, age 46, of St. Cloud, Florida, and formerly of Bel Air, Maryland, previously pleaded guilty to distribution of child pornography and faces a minimum of five years and a maximum of 20 years in prison at her sentencing scheduled for June 11, 2014 at 9:30 a.m. As part of her plea agreement, Lori Fisher will be required to register as a sex offender in the place where she resides, where she is an employee, and where she is a student, under the Sex Offender Registration and Notification Act (SORNA).
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
21 April 2014
United States Citizen Extradited from the Netherlands Pleads Guilty to Offenses Related to Sexual Exploitation of A MinorRead the Press Release
FRESNO, Calif. —Christopher David Robinette, 43, of Amsterdam, Netherlands, pleaded guilty today to nine counts related to the sexual exploitation of a minor, United States Attorney Benjamin B. Wagner announced.
Robinette, who is a United States citizen, pleaded guilty to eight counts of sexual exploitation of a minor and one count of transporting a minor in interstate or foreign commerce for purposes of engaging in criminal sexual activity. According to court documents, Robinette traveled on dates between September 2004 and August 2006 from various locations to the Fresno area to sexually exploit a minor and produce digital still and video images of the abuse. The sexual abuse took place in California, including the Fresno area, as well as in Mexico and Costa Rica. Robinette’s crimes were detected shortly after he uploaded images of child pornography, including images he produced, to a Microsoft SkyDrive account.
Robinette is scheduled for sentencing on July 14, 2014, by Senior United States District Judge Anthony W. Ishii. Robinette faces potential prison terms of 15 to 30 years for each sexual exploitation count and 10 years to life for transportation of a minor. For all counts, there is a potential $250,000 fine, and a lifetime term of supervised release. 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.
The National Center for Missing & Exploited Children in Alexandria, Virginia assisted in coordinating information for a law enforcement response. This case is the product of an investigation by the Korps Landelijke Politie Diensten (Dutch National Police), the Amsterdam Amstelland Police Department (Amsterdam local police) with assistance from the Federal Bureau of Investigation’s offices in The Hague and Amsterdam, Washington, D.C., and Fresno as well as the Fresno Police Department. Assistant U.S. Attorney David Gappa and Child Exploitation and Obscenity Section (CEOS) Trial Attorney Maureen Cain are prosecuting the case.
The United States Department of Justice’s Office of International Affairs and CEOS, as well as the Dutch Ministry of Justice, assisted in coordinating Robinette’s extradition to Fresno. The United States Marshals Service returned Robinette to Fresno, and he has been detained as a flight risk and danger to the community since his initial court appearance on December 26, 2012.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. Click on the “resources” tab for information about Internet safety education.
United State Settles False Claims Act Allegations Against Otterbox for $4,300,000Read the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado and the Department of Homeland Security, U.S. Customs and Border Protection, announce that OtterBox, a Colorado corporation headquartered in Fort Collins, has paid $4,300,000 to the United States to resolve allegations that OtterBox violated the False Claims Act and the Tariff Act of 1930, as amended, by knowingly underpaying customs duties owed to the United States.
OtterBox sells protective cases for smartphones and tablets. Between 2006 and 2011, OtterBox manufactured many of its products overseas, and then imported those products into the United States for distribution and retail sale. OtterBox was responsible for the submission of entry documents to Customs and for the payment of any customs duties owed on those imported products.
The United States alleged that from January 1, 2006 through December 31, 2011, OtterBox knowingly omitted the value of “assists” from the dutiable value OtterBox declared to Customs on entry documents for imported products. The United States further alleged that OtterBox knowingly made or caused to be made false statements in other documents submitted to Customs concerning the value of assists, and the customs duties OtterBox owed on the value of those assists, for products that OtterBox imported between January 1, 2006 through December 31, 2011. According to the United States, as a result of OtterBox’s omissions and false statements concerning the value of assists for its imported products, OtterBox knowingly underpaid customs duties it owed to the United States.
The settlement stems from a lawsuit filed by a former OtterBox employee in 2011 under seal pursuant to the qui tam provisions of the False Claims Act. The False Claims Act empowers private citizens with knowledge of fraud against the United States to present those allegations to the government by bringing a lawsuit on behalf of the United States under seal. If the investigation substantiates those allegations, the private citizen is entitled to share in any recovery. Of the $4,300,000 OtterBox paid to the United States, the United States paid $830,000 to the former employee who filed the qui tam lawsuit.
“America’s economic security and prosperity are at the heart of U.S. trade law,” said United States Attorney John Walsh. “Customs duties are a significant source of revenue for the United States, and this settlement demonstrates that the Department of Justice will zealously enforce their lawful collection.”
“Trade enforcement is a priority for U.S. Customs and Border Protection due to the significant role that it plays in the economic security of the United States,” said Richard Di Nucci, Acting Assistant Commissioner for the Office of International Trade. “CBP is responsible for facilitating the legitimate flow of trade, while enforcing the laws against the evasion of duties that protect against unfair trade practices.”
The claims settled by this agreement are allegations only. There has been no determination of liability.
The agreement was negotiated by Assistant U.S. Attorney Amanda Rocque.
Two Men Indicted for Dealing Methamphetamine and Marijuana in Ravenna; Federal Firearms Charges Also FiledRead the Press Release
A seven-count indictment was filed charging Dustin Shepherd, aka “Rev,” age 31, of Ravenna, Ohio, and Christopher Ferry, aka “Skinny,” age 21, of Newton Falls, Ohio, with conspiracy and possession with intent to distribute methamphetamine and marijuana, and firearms violations, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 of the indictment charges that from in or about October 2013 through March 2014, Shepherd and Ferry conspired to distribute more than 50 grams of methamphetamine and less than 50 kilograms of marijuana in the Ravenna, Ohio, area and elsewhere. It was part of the conspiracy that Shepherd supplied marijuana and methamphetamine to Ferry for distribution in and around Ravenna, Ohio, according to the indictment.
Count 3 of the indictment charges that on or about March 14, 2014, Ferry possessed with the intent to distribute methamphetamine.
Counts 4 and 5 of the indictment charge that on or about March 28, 2014, Shepherd possessed with the intent to distribute more than 50 grams of methamphetamine and marijuana.
Counts 2 and 6 of the indictment charge that on or about February 27 and March 28, 2014, Shepherd possessed more than 50 various firearms and more than 24,000 rounds of ammunition, despite having been previously convicted of commercial burglary and possession for sale of a controlled substance, in the Tehama County Superior Court of California.
Count 7 of the indictment charges that on or about March 28, 2014 Shepherd possessed a firearm while committing a drug trafficking crime, that is, possessing with the intent to distribute methamphetamine and marijuana.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted with the combined efforts by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Postal Inspection Service; Ohio State Highway Patrol; Illinois State Police; Portage County Drug Task Force, and the Akron City Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Toledo Woman Sentenced to Three Years in Prison for Sex Trafficking Involving A MinorRead the Press Release
A Toledo woman was sentenced to three years in prison for interstate sex trafficking involving a minor, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office.
Amber Ginter, aka Amber Mendoza, age 36, transported a minor from Ohio to Michigan in December 2009 with the purpose that the minor engage in commercial sexual activity, according to the court documents.
“This case is another stark reminder that human trafficking exists in our district and in our collective back yard,” Dettelbach said. “It’s a reminder that we need to be better neighbors and ask questions if something looks suspicious.”
Anthony said, “The sexual human trafficking of minors for profit is an injustice that will not be tolerated. The FBI continues to aggressively pursue and bring to justice those who violate the rights of our most vulnerable of the community.”
This case is being prosecuted by Assistant U.S. Attorney James V. Moroney, following an investigation by the Toledo Resident Agency of the FBI and the Northwest Ohio Violent Crimes Against Children Task Force. The task force is made up of members of the FBI, Toledo Police Department, Perrysburg Township Police Department, Lima Police Department, Oregon Police Department, Fulton County Sheriff’s Office, Ottawa County Sheriff’s Office, Ohio State Highway Patrol, and the Bureau of Criminal Investigation.
Three Defendants Charged in Manhattan Federal Court in Connection with $33 Million Art Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Shantelle P. Kitchen, the Acting Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the unsealing of a twelve-count Indictment charging JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, and PEI SHEN QIAN with orchestrating a $33 million scheme to create and sell paintings that they pretended were painted by world-famous artists but were, in fact, created by QIAN. The Indictment further charges JOSE CARLOS BERGANTINOS DIAZ and JESUS ANGEL BERGANTINOS DIAZ with laundering the proceeds of the fraud, and charges JOSE CARLOS BERGANTINOS DIAZ with hiding international bank accounts and millions of dollars in illicit income from the IRS. QIAN is also charged with lying to FBI agents investigating the scheme. JESUS ANGEL BERGANTINOS DIAZ and JOSE CARLOS BERGANTINOS DIAZ were arrested on April 14, 2014, and April 18, 2014, respectively, in Spain, and QIAN is believed to be located in China. The case has been assigned to U.S. District Court Judge Sidney H. Stein.
Manhattan U.S. Attorney Preet Bharara said: “Today’s charges paint a picture of perpetual lies and greed. As alleged, the defendants tricked victims into paying more than $33 million for worthless paintings which they fabricated in the names of world-famous artists. The Bergantinos Diaz brothers then laundered and hid their illegal proceeds overseas. With today’s Indictment, the defendants must now answer for their alleged roles as modern masters of forgery and deceit.”
FBI Assistant Director-in-Charge Venizelos said: “As alleged, a meeting on a New York street corner would lead to a worldwide art fraud scheme that netted the defendants more than $33 million over two decades. The charges announced today show the many facets the conspirators went through to peddle fraudulent creations as famous artwork to be sold for a large profit. These charges also show the FBI’s commitment to investigate and bring to justice those who use fraud as a means to make money.”
IRS Special Agent-in-Charge Shantelle Kitchen said: “This indictment represents a significant accomplishment in the unravelling of a major international art fraud conspiracy with underlying complex financial criminal activity. The Internal Revenue Service has made international tax administration a top priority and this investigation illustrates the government's resolve in uncovering, investigating and prosecuting tax evasion and money laundering schemes with international implications. Furthermore, it reminds the public that the proceeds from illegal sales, in this case, the sale of counterfeit paintings, can be taxable.”
According to the allegations contained in the Indictment unsealed today in Manhattan federal court:
From the early 1990’s through at least June 2009, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, PEI SHEN QIAN, and Glafira Rosales engaged in a scheme to create and sell paintings that they pretended were painted by world-famous abstract expressionist artists, including Mark Rothko, Jackson Pollock, Willem de Kooning, Richard Diebenkorn, Robert Motherwell, Barnett Newman, Sam Francis, and Franz Kline, among others (the “Fake Works”). By knowingly and falsely claiming that the Fake Works were painted by these famous artists, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, QIAN, and Rosales were able to trick purchasers into paying tens of millions of dollars in total for many of the Fake Works which, as the defendants and Rosales well knew, were essentially worthless. In fact, the Fake Works were created by QIAN, with guidance from Rosales and the other defendants.
JOSE CARLOS BERGANTINOS DIAZ first met QIAN on a street corner in Manhattan, where QIAN was selling paintings. Thereafter, QIAN created the Fake Works at the request of, and in exchange for payments from, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, and Rosales.
JOSE CARLOS BERGANTINOS DIAZ purchased canvases of old paintings at flea markets, and stained newer canvases with tea bags, which he gave to QIAN to create the Fake Works, and thereby create the false appearance that the Fake Works had been created decades earlier. In addition, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, and Rosales created false provenances (i.e., historical ownership records) for particular Fake Works in order to dupe purchasers into believing that those Fake Works were painted by particular famous artists, instead of by QIAN. All told, the defendants earned more than $33 million from the scheme to create and sell the Fake Works.
Further, to conceal the illegal nature and origin of the proceeds from the scheme, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, and Rosales laundered the fraud proceeds by transferring them through foreign and domestic bank accounts that they controlled. JOSE CARLOS BERGANTINOS DIAZ also hid over $7 million of his illicit income from the IRS and knowingly failed to report the existence of his foreign bank accounts, as required by law.
Finally, during an interview with FBI agents investigating the scheme, QIAN falsely claimed, among other things, that he did not recognize Rosales’s name, that QIAN was unfamiliar with the names of certain artists (including artists whose names QIAN had repeatedly signed on paintings he created in order to trick purchasers into believing those artists had created the paintings), and that QIAN had never attempted to create paintings mimicking the style of certain abstract expressionist artists.
JOSE CARLOS BERGANTINOS DIAZ, 58, of Sands Point, New York, is charged with one count of conspiracy to commit wire fraud, one count of wire fraud, one count of conspiracy to commit money laundering, and one count of money laundering, each of which carries a maximum sentence of 20 years in prison. He is also charged with one count of conspiracy to defraud the IRS, which carries a maximum sentence of five years in prison, three counts of filing false tax returns, each of which carries a maximum sentence of three years in prison, and four counts of willful failure to file a Report of Foreign Bank and Financial Accounts, each of which carries a maximum sentence of five years in prison.
JESUS ANGEL BERGANTINOS DIAZ, 65, of Lugo, Spain, is charged with one count of conspiracy to commit wire fraud, one count of wire fraud, one count of conspiracy to commit money laundering, and one count of money laundering.
PEI SHEN QIAN, 75, of Queens, New York, is charged with one count of conspiracy to commit wire fraud and one count of wire fraud. He is also charged with one count of making false statements to agents of the FBI, which carries a maximum of five years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Rosales was previously charged in Indictment 13 Cr. 518. On September 16, 2013, Rosales pled guilty to all nine counts of the Indictment. Rosales awaits sentencing before the U.S. District Judge Katherine P. Failla.
Mr. Bharara praised the outstanding efforts of the FBI and IRS-CI in the investigation, which he noted is ongoing.
This case is being handled by the Office’s Complex Frauds Unit. Assistant U.S. Attorneys Jason P. Hernandez and Stanley J. Okula, Jr., are in charge of the prosecution.
The charges and allegations contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Bergantinos Diaz, et al. Indictment
Three Counterfeiters ChargedRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that two individuals from Chugiak, Alaska, and a third from Anchorage, Alaska, have been charged in two separate indictments with multiple counts of passing counterfeit money. Two of the defendants are also charged with conspiring to make and pass counterfeit money.
Eugene David Downey, Jr., 42, of Anchorage, Alaska, is charged in a four-count indictment as the sole defendant passing counterfeit money at several stores in the Anchorage area.
Matthew Lee Daley, 28, of Chugiak, Alaska, is charged in a seven-count indictment together with Christa Louise Speiser, 30, also of Chugiak, who is charged in four of the seven counts with making and passing counterfeit money in the Eagle River area, and also for conspiring together to do so.
According to the indictment, between August and November 2013, Downey passed several counterfeit $50 bills at stores in the Anchorage area.
The indictment against Daley and Speiser charges that on November 7, 2013, the two passed several counterfeit $100 bills at stores in the Eagle River area. Daley and Speiser are charged with making the counterfeit money using a computer and laptop at their residence, and conspiring to make and pass counterfeit money.
In both cases the counterfeit money was made of genuine Federal Reserve Notes, $1 and $5 bills, that were bleached and reprinted with $50 and $100 bills. The cases do not appear to be related.
Downey is currently in state custody. Daley was arrested on these charges on Friday, and an arrest warrant has been issued for Speiser.
“Each year hundreds of counterfeit bills are passed in Anchorage causing financial hardship to those who unwittingly accept them as payment. Counterfeiting is a serious crime, and it is important that we deter those who would consider creating or using fake currency,” stated Kevin Feldis, Chief of the Criminal Division at the U.S. Attorney’s Office.
The law provides for a maximum total sentence of 20 years in prison and a fine of $250,000 or both, according to Aunnie Steward, Assistant U.S. Attorney, who presented the case to the grand jury. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The United States Secret Service and the Anchorage Police Department conducted the investigation leading to the indictments in these cases.Ten Defendants Charged in Separate Federal Cases Alleging A Total of More Than $1.27 Million in Social Security FraudRead the Press Release
CHICAGO ― Ten Chicago and area defendants were charged in separate federal criminal cases with stealing a total of more than $1.27 million from the federal government by fraudulently obtaining Social Security benefits. Six of the defendants allegedly engaged in the fraud by using false identities. These individuals either applied for Social Security benefits under multiple names or worked under one name and applied for benefits using another name, according to the charges. Other defendants allegedly continued to receive benefits from the account of a beneficiary who they knew was deceased and no longer entitled to receive payments. The cases were announced today by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and William Cotter, Special Agent-in-Charge of the Chicago Office of the Social Security Administration Office of Inspector General.
In the false identity cases, the charges allege that those six defendants obtained Social Security benefits by claiming they were disabled or otherwise unable to maintain employment while simultaneously working and earning wages using a different identity.
SSA administers the payment of benefits from the United States to qualified individuals under various programs, including the Old-Age and Survivors Insurance (OASI) program, the disability insurance program, and the supplemental security income program (SSI). The OASI program provides monthly cash benefits to retired individuals and to the surviving family members of individuals who had worked and were insured under the Social Security Act based on contributions from earnings. The SSI program provides monthly cash benefits to aged, disabled, and blind individuals who have assets and income levels that fall below certain levels.
The criminal cases were filed this month in U.S. District Court in Chicago. Eight defendants were indicted by a federal grand jury and two were charged in criminal informations, each on one felony count of theft of government funds. Seven defendants pleaded not guilty at their arraignments in U.S. District Court and the remaining three are scheduled to be arraigned this week.
“Stealing from the Social Security trust fund hurts the millions of hardworking Americans who contribute to the Social Security system,” Mr. Fardon said. “We will vigorously pursue those who abuse the system, so that we can protect those who legitimately need it.”
Each defendant faces a maximum penalty of 10 years in prison and a $250,000 fine. If convicted, restitution is mandatory and the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines. The public is reminded that indictments and informations contain only charges and are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The defendant and the total fraud amount alleged in each case follow:
DAVID BAILOG, also known as “David Conti” and “David Bailey,” 45, of Chicago
Loss amount: $43,422
(Assistant U.S. Attorney Christopher Parente)SHARIA BRYANT, a/k/a “Sharia Bailey,” 64, of Chicago
Loss amount: $69,241
(Special Assistant U.S. Attorney Bill Thomas)IMOGENE DAVIS, a/k/a “Imogene Neely,” 63, of Chicago
Loss amount: $91,566
(AUSA Timothy Storino)RONNIE DAVIS, a/k/a “Ronnie Wofford,” 67, of Chicago
Loss amount: $101,872
(AUSA Derek Owens)SHERRI MARSHALL, a/k/a “Sherri Williams,” 49, of Chicago
Loss amount: $43,189
(AUSA Kelly Greening)PATRICIA McQUEEN, 58, of Chicago
Loss amount: $203,505
(SAUSA Thomas)BETSY MINOR, 63, of Oak Lawn
Loss amount: $369,188
(SAUSA Thomas)SIMONIA PATTERSON, 39, of Chicago
Loss amount: $130,929
(SAUSA Thomas)LEIN SCOTT, a/k/a “Barry Scott,” 64, of Chicago
Loss amount: $126,919
(AUSA Ryan Fayhee)SHIRLEY SIMMONS, 50, of Chicago
Loss amount: $95,247
(SAUSA Thomas)Sex Offender Sentenced to Federal Prison, Baltimore Men Guilty of Heroin ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – A sex offender from Ohio has been sentenced to federal prison for failing to register as required by law.
U.S. Attorney William J. Ihlenfeld, II, announced that CHARLES F. WADDELL, age 37, of Coal Grove, Ohio, was sentenced to 30 months in prison and 40 years of supervised release for “Failure to Register as a Sex Offender.” Judge Gina M. Groh imposed the sentence. WADDELL is in custody pending his designation to a Federal prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the United States Marshals Service.
In other matters before Judge Groh, MICHELLE BROWN, age 35, of Martinsburg, was sentenced to 57 months in prison and three years of supervised release for the “Distribution of Crack Cocaine.” BROWN, who is free on bond, will self-report to Federal prison. The case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
Judge Groh sentenced STACEY L. WILLIAMSON, age 48, of Flintstone, Maryland, to two years of probation and ordered her to make restitution in the amount of $1,737.49 to the United States Postal Service. WILLIAMSON was previously convicted of the felony offense of “Theft of Government Funds.” This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the United States Postal Inspection Service.
The following individuals entered pleas before U.S. Magistrate Judge James E. Seibert: Keyyon Robert Cornish JOHNSON, age 24; Sean Tavon STOGDON, age 23; Marquese Tavon WARD, age 23; and Marcel EDMONDS, age 23, all of Baltimore, Maryland, entered pleas of guilty to “Possession with Intent to Distribute Heroin.” JOHNSON and STOGDON, who are free on bond, and WARD and EDMONDS, who are in custody, each face up to 20 years in prison.
Darnell Leon PLAINES, age 24, of Martinsburg, entered a plea of guilty to “Conspiracy to Distribute More than 28 Grams of Crack Cocaine.” As part of his plea, PLAINES will forfeit $3,612 which constitutes proceeds from the illegal activity. PLAINES, who is in custody pending sentencing, faces up to 40 years in prison.
Nicholas James HALL, age 23, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Heroin.” HALL, who has a prior felony drug conviction, faces up to 30 years in prison.
Timico Constine JOHNSON, age 44 and Kenneth An’Bon WANG, age 28, of Martinsburg entered pleas of guilty to “Distribution of Crack Cocaine.” JOHNSON and WANG each face up to 20 years in prison.
These cases were also investigated by the Eastern Panhandle Drug & Violent Crime Task Force, and prosecuted by Douglas.
Shannon Marie BROADWATER, age 32, of Piedmont, West Virginia, entered a plea of guilty to “Illegal Use of the Internet to Facilitate the Distribution of Crack Cocaine.” As part of her plea, BROADWATER will also forfeit her interest in $3,968 which constitutes proceeds from the illegal activity. BROADWATER, who is free on bond pending sentencing, faces up to 4 years in prison. This case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.Seven Convicted in Firearms Trafficking ConspiracyRead the Press Release
CORPUS CHRISTI, Texas - Seven Houston residents have pleaded guilty for their roles in a conspiracy to traffic dozens of AK-47 variant rifles from the Houston area to Mexico, announced United States Attorney Kenneth Magidson along with Robert Elder, special agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Today, Javier Resendez, 29, entered a guilty plea before U.S. Magistrate Judge Janice Ellington. Abel Lopez, 34, Arturo Garcia, 30, Roberto Santana Mears, 22, Mary Bel Deanda, 39, Martha Gonzales, 41, and Angel Aquino-Pineda, 27, previously pleaded guilty at varying times before U.S. Magistrate Judges Ellington and Jason Libby.
“These convictions are examples of ATF’s continuing effort to stop the illegal flow of firearms to the hands of violent offenders, said Elder. “This is a continuation of ATF’s Frontline initiative working with our state and local partners in the fight against violent crime.”
In 2013, the Kingsville Specialized Crimes and Narcotics Task Force conducted a traffic stop on a truck driven by Aquino-Pineda in Kingsville and located 35 AK-47 variant rifles and $26,000 concealed in a false compartment. Seven of the rifles had obliterated serial numbers. Aquino-Pineda admitted his role was to transport the firearms from Houston to McAllen. The firearms would then be transported to Mexico.
ATF agents traced the firearms to Houston purchasers Deanda, Gonzales and Mears, who admitted they were “straw purchasers” for Resendez. Resendez indicated Garcia recruited him to purchase firearms for Lopez and that the firearms would be taken to Mexico. Resendez then recruited Deanda and Gonzales to “straw purchase” the firearms on his behalf. Mears admitted he was also a “straw purchaser” for Lopez.
On Jan. 24, 2014, agents executed a warrant at Lopez’s residence and located two Norinco, Model MAK90, 7,62x39mm AK-47 style rifles; one Baretta, Model 3032, Tomcat .32 caliber pistol; and $955. Lopez told agents that Garcia and Mears had purchased several firearms for him and that the firearms were to be sent to Mexico.
Lopez, Garcia, Deanda, Gonzalez and Mears are set for sentencing July 11, 2014, before U.S. District Judge Nelva Gonzales Ramos. Judge Ramos will sentence Resendez July 18, 2014. Aquino-Pineda, charged and convicted in a separate, but related indictment, is set for sentencing before U.S. District Judge Hayden Head June 12, 2014.
All defendants face up to five years in federal prison as well as a possible $250,000 fine. Resendez also pleaded to being a felon in possession of a firearm and Lopez also pleaded guilty to being an illegal alien in possession of a firearm. Both will also face an additional 10 years and another possible $250,000 fine for these convictions.
Mears, Deanda, Gonzales remain on bond. The others have been in federal custody since their arrest and will remain in custody pending their sentencing hearings.
ATF investigated with the assistance of the Kingsville Specialized Crimes and Narcotics Task Force. Assistant U.S. Attorneys Hugo R. Martinez and Jeffery D. Preston are prosecuting the case.
Seevers Pleads Guilty to Attempted Murder and Aggravated Sexual Abuse by ForceRead the Press Release
KNOXVILLE, Tenn. - William E. Seevers, 48, appeared in U.S. District Court on Apr. 21, 2014, and pleaded guilty to one count of attempted murder and one count of aggravated sexual abuse by force. Sentencing has been set for 2:00 p.m., Aug. 21, 2014, before the Honorable Thomas Varlan, U.S. District Court Judge.
A federal grand jury returned an indictment against Seevers in December 2013 alleging that in June 2012 Seevers attempted to kill an individual in the Great Smoky Mountains National Park by stabbing her in the neck with a knife. Additionally, Seevers engaged in sexual activity with the individual by use of force and placing her in fear of death by holding her at knife point and stabbing and punching her when she attempted to flee from him.
This investigation was conducted by the National Park Service and Federal Bureau of Investigation. Assistant U.S. Attorney Jennifer Kolman represents the United States.
Repeat Offender Pleads Guilty to Trafficking MethamphetamineRead the Press Release
Charleston Man Caught with Pills, Heroin, Crack, Guns and Ammunition
CHARLESTON, W.Va. – A Charleston man with several drug trafficking and violent felony convictions who possessed oxycodone, heroin, methamphetamine, cocaine base (crack) and numerous firearms pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin. Donnell Dwayne Diego, 35, pleaded guilty to conspiracy to distribute methamphetamine in federal court in Charleston.
In October of 2012 police searched Diego’s residence on Central Avenue in Charleston and seized oxycodone, crack, and two firearms. In June and July of 2013, Diego sold methamphetamine near his residence to an informant. Police arrested Diego after one undercover drug purchase on July 11, 2013. Following the arrest, police again searched the residence and seized more than 50 grams of methamphetamine, more than 50 grams of heroin, ammunition, and in excess of $9,000.00 cash. Diego admitted bringing methamphetamine and heroin from California to sell in and around Charleston.
On November 5, 2013, task force officers at the San Diego International Airport in San Diego, California seized $22,350.00 cash from Diego’s carryon bag as he disembarked from his flight. On November 18, 2013, task force officers in Nicholas County, West Virginia executed a search warrant at Diego’s Scenic Highway residence in Summersville following several undercover methamphetamine purchases from an individual staying at the residence. Police seized fifteen firearms, more than 30 grams of methamphetamine, nearly 10 grams of heroin, and $16,387 cash. Diego was arrested a short distance away from the residence after a police tactical squad disabled his vehicle by shooting it.
Diego had been previously convicted of several felony offenses in California including burglary and grand theft in 2003 and drug trafficking in 2004 and 2007. He faces up to 30 years in federal prison when he is sentenced on August 7, 2014.
The Metropolitan Drug Enforcement Network Team (MDENT) in Charleston, the Central West Virginia Drug Task Force in Summersville, the San Diego Integrated Narcotic Task Force in San Diego, California and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution.
Philadelphia Man Convicted of Sex TraffickingRead the Press Release
PHILADELPHIA – A federal jury, today, returned guilty verdicts against Rahim McIntyre, 34, of Philadelphia, PA, who was charged with three counts of sex trafficking. McIntyre, a/k/a “King Kobra,” caused Internet advertisements to be created in which he advertised various females as available for purchase for purposes of prostitution. The advertisements featured pictures of the females, scantily clad, a description of each female, and a phone number to call to arrange a meeting with a female employed by McIntyre as a prostitute. McIntyre was convicted of using force and coercion to cause the women to engage in prostitution.
A sentencing hearing is scheduled for July 21, 2014. The defendant faces a maximum possible sentence of life imprisonment, with a minimum mandatory of 15 years, a $750,000 fine, five years up to a lifetime of supervised release and a $300 special assessment.
McIntyre’s brother, Rashaad McIntyre, was charged in December 2012 with sex trafficking of minors and production of child pornography. He pleaded guilty and is awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation, with assistance from the Pennsylvania State Police Criminal Intelligence Center, and the Philadelphia First Judicial Court Warrant Unit. It is being prosecuted by Assistant United States Attorney Michelle Morgan.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Ohio Woman Pleads Guilty to Stealing $150,000 in Federal Hud FundsRead the Press Release
Huntington, W.Va. – Connie Lynn Whitley, 51, of South Point, Ohio, plead guilty today to embezzling $150,000 from an apartment complex that received federal funds announced U.S. Attorney Booth Goodwin. Whitley was the manager of the Uptowner Inn’s public housing apartments in Huntington, West Virginia. The apartments were subsidized by the United States Department for Housing and Urban Development (HUD). HUD provided federal funds to pay a portion of the market rent at the apartments for qualifying tenants. Beginning in the summer of 2009 and continuing until September of 2013, Whitley wrote checks to herself from the apartments’ HUD accounts. In total, Whitley stole more than $150,000 in federal HUD funds. She faces a maximum penalty of up to ten years in prison when she is sentenced on July 28, 2014.
The West Virginia State Police conducted the investigation assisted by the Federal Bureau of Investigation and Department for Housing and Urban Development.
Ogdensburg Orthodontist Sentenced to 97 Months Imprisonment for Attempting to Defraud the Irs Out of $36 Million DollarsRead the Press Release
ALBANY, NEW YORK – GLENN RICHARD UNGER, 62, of Ogdensburg, New York, was sentenced to 97 months imprisonment by Senior U.S. District Judge Thomas J. McAvoy, and ordered to pay $200,000 in restitution, announced Richard S. Hartunian, United States Attorney, Northern District of New York, and Kathryn Keneally, Assistant Attorney General of the Tax Division. On October 21, 2013, a U.S. District Court jury convicted UNGER of the following offenses: obstructing and impeding the Internal Revenue Service (IRS); filing false claims against the United States; tax evasion; and passing fictitious obligations.
The evidence at trial showed that:
• UNGER, a former orthodontist, engaged in a multi-year scheme to obstruct and impede the IRS by filing numerous false and fraudulent claims with the IRS for payment of a refund of taxes totaling approximately 36 million dollars. Between 2007 and 2011, UNGER filed 14 false tax returns claiming that he earned substantial income reported on IRS Forms 1099-OID, had substantial withholdings on that income, and was entitled to 36 million dollars in tax refunds. Despite numerous warning letters from the IRS that his returns were frivolous, he continued filing false tax returns.
• UNGER also attempted to evade payment of taxes he owed to the IRS. During 2004 and 2005, UNGER earned income and failed to file tax returns reporting that income. The IRS assessed taxes for those two years and also assessed penalties for filing frivolous tax returns. After the IRS filed a tax lien against UNGER, he attempted to file a false document with the Saratoga County Clerk’s office attempting to release the lien.
• UNGER also attempted to pay off a debt to another orthodontist with a fictitious document purported to be worth $200,000.
United States Attorney Hartunian said, "This lengthy prison sentence shows that tax defiers like Unger who use bogus tax schemes and pay debts with fictitious documents will be punished for their crimes. No one can set himself above the law for personal financial gain."
“Those who commit tax fraud by filing false and frivolous tax returns or failing to pay taxes risk criminal prosecution resulting in prison,” said Kathryn Keneally, Assistant Attorney General of the Justice Department’s Tax Division. “This sentence serves as one more example that tax defier conduct may result in severe repercussions, including imprisonment, restitution orders and fines.”
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation, New York Field Office, the Federal Bureau of Investigation, Albany Field Office, the New York State Police, and the Treasury Inspector General for Tax Administration. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds (NDNY) and Jeffrey Bender (DOJ Tax Division).
Newport News Man Pleads Guilty to Drug ConspiracyRead the Press Release
NEWPORT NEWS, Va. – Salvatore Lopiccolo, age 35 of Newport News Va., pleaded guilty today to Conspiracy to Distribute Analogues, Cocaine, Cocaine Base, Methylone, Marijuana, Psilocybin and drug paraphernalia.
Dana J. Boente, United States Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by United States District Judge Magistrate Judge Douglas Miller in Newport News.
Lopiccolo was indicted by a federal grand jury on November 14, 2013. He faces a maximum penalty of 20 years imprisonment and a fine of $1,000,000 when he is sentenced on July 24, 2014 in Norfolk, VA.
In a statement of facts filed with the plea agreement, the defendant was responsible for conspiring with others to distribute and possess with intent to distribute a variety of drugs and drug analogues from Bonsai Pipe and Tobacco. Multiple controlled purchases of cocaine, crack cocaine, marijuana, methylone, psilocybin, drug analogues and drug paraphernalia were made from Bonsai, the defendant and Bonsai employees.
This case was investigated by Homeland Security Investigations, the Internal Revenue Service – Criminal Investigations, the United States Postal Inspection Service, the Virginia State Police Tri-Rivers and Peninsula Task Forces the United States Air Force Office of Special Investigations and the York County Sheriff’s Office. Assistant United States Attorney Eric M. Hurt is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Naples Man Sentenced to More Than 12 Years for Armed Robbery of Florida Community BankRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Marikevies McNichols (29, Naples) to 12 years and 10 months in federal prison for an armed bank robbery of the Florida Community Bank located at 5240 Golden Gate Parkway, in Naples, Florida, on November 28, 2012. McNichols’ co-defendant, Doodley Nazaire (24), also of Naples, received an identical sentence on September 30, 2013. Nazaire was arrested on November 29, 2012. McNichols was subsequently arrested on June 12, 2013.
Both men were originally indicted on January 23, 2013. Nazaire pleaded guilty to the offense in June 2013. McNichols pleaded guilty on January 8, 2014.According to court documents, on November 28, 2012, at approximately 7:54 AM, McNichols and Nazaire robbed the Florida Community Bank on Golden Gate Parkway, as the bank was preparing to open. Nazaire and McNichols forced their way into the bank and held two bank employees at gunpoint, while they robbed the bank. Nazaire and McNichols ordered the bank employees to give them money from different locations within the bank, while Nazaire kept the employees at gunpoint. After the money was gathered, as directed by McNichols and Nazaire, the employees were ordered into an office and directed to lie on the floor. McNichols and Nazaire fled the bank with a sum of money, attempted to bury the money nearby, and continued their flight. Law enforcement later located and recovered the majority of the money, where it had been partially buried.
This case was investigated by Federal Bureau of Investigation and the Collier County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Miami Resident Sentenced to 81 Months in IRS Fraudulent Refund SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Daniel C. Alexander, Chief, Boca Raton Police Department, announce today that Brandon James, of Miami, was sentenced by U.S. District Judge Daniel T.K. Hurley to 81 months in prison, followed by two years of supervised release. James was also ordered to pay restitution in the amount of $382,444, and a special assessment of $300.
According to court documents and statements made in court, James was involved in cashing out fraudulent federal income tax refunds that had been placed electronically onto debit cards. James and his co-conspirators, Laron Larkin, and Eric Fussell, attempted to defraud the IRS of more than $862,000 in fraudulent income tax refunds based on at least 121 stolen identities. The IRS paid approximately $382,484 on these refund requests.
James pled guilty earlier to conspiracy to steal government monies, in violation of Title 18, United States Code, Section 371 (Count 1), theft of government funds, in violation of Title 18, United States Code, Section 641 (Count 4), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A (Count 9).
Co-defendant Larkin was sentenced on October 7, 2013 to 36 months and one day in prison, to be followed by three years of supervised release. Larkin pled guilty to one count of conspiracy to steal monies of the United States, in violation of Title 18, United States Code, Section 641, the conspiracy being a violation of Title 18, United States Code, Section 371; and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
Mr. Ferrer commended the investigative efforts of IRS-CI, FBI, and the Boca Raton Police Department. The case is being prosecuted by Assistant U.S. Attorney Stephen Carlton.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Methuen Woman Indicted for Offering to Perform Cosmetic InjectionsRead the Press Release
BOSTON – A Methuen woman was charged today in connection with offering buttock and lip augmentation injections in exchange for money.
Valentina Perez Tavarez, a/k/a Rossi Tavarez, 37, was indicted with receipt in interstate commerce of a misbranded cosmetic device and offered injection of that device for pay. Tavarez is scheduled for an initial appearance before U.S. District Magistrate Court Judge Judith G. Dein on April 29, 2014.
The Indictment alleges that between February and September 2011, Tavarez offered buttock and lip augmentation injections with a substance she referred to as “Metacor” and “Metacrill” in exchange for money. Tavarez referred to the substance as the “best stuff” that lasts “forever.” Tavarez offered to charge $700 per injection. The substance was a liquid contained in a bottle labeled “Estetical Plus 100% Natural.” The bottle bore a written description in Spanish that referred to its content as massage oil and provided directions for external skin application. The bottle did not provide any information or directions for using the substance for subcutaneous injections. The bottle had been shipped from Colombia via Federal Express. Tavarez was not a licensed physician or nurse.
If convicted, Tavarez faces a maximum sentence under the statute of one year in prison, one year of supervised release, and a $10,000 fine.
United States Attorney Carmen M. Ortiz; Mark Dragonetti, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston, made the announcement today. The case is being prosecuted by Maxim Grinberg of Ortiz’s Health Care Fraud Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Meridian Man Sentenced to Running Illegal Gambling OperationRead the Press Release
BOISE – Kings Daniel Santy, 44, of Meridian, Idaho, was sentenced today at the U.S. Courthouse in Boise for operating an illegal gambling business, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Santy to serve two years of probation, pay a $3000 fine, serve three months of home detention, and complete 100 hours of community service. Santy was also ordered to forfeit $16,262.87 in seized currency and at least $100,000 in cash proceeds. Santy pled guilty to one count of operating an illegal gambling business on February 3, 2014.
According to court proceedings, Santy admitted to continuously running two illegal gambling establishments over the past seven years. Federal search warrants were served in April of 2013 at the illegal gambling establishments, one located at 37 North Kings Street, Nampa, Idaho, and one located at 6655 West Victory Road, Boise, Idaho. Santy admitted that he began hosting poker games at the Boise location in 2006 and at the Nampa location in 2008. Santy advised law enforcement that he profited approximately $50,000 a year from his gambling business. The gambling establishments had generated numerous citizen complaints over the past several years, and in 2012, Boise police responded to the gambling establishment in Boise after an individual died of a drug overdose.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The task force is comprised of federal, state, and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sherriff’s Office, and the Idaho Department of Correction. The Metro Task Force was assisted by the Internal Revenue Service – Criminal Investigation.
Mercer County Man Pleads Guilty to Selling Prescription Pain PillsRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Jimmy Dale Wright, 56, of Rock, West Virginia, pled guilty in federal court in Bluefield to distributing hydromorphone, a powerful and addictive prescription pain medication. Wright admitted that in August of 2013, he sold pills to a person who was cooperating with law enforcement authorities. The drug deal took place on Pocosin Fork Road in Lashmeet, Mercer County, West Virginia.
Wright faces up to 20 years in prison and a $1,000,000 fine. Senior United States District Judge David A. Faber scheduled the sentencing for August 25, 2014.
The West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force conducted the investigation.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.
Mercer County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
BLUEFIELD, W.Va. – A 29-year old Mercer County man faces up to 20 years in prison after pleading guilty on Monday, April 21, 2014, to possession of child pornography, U.S. Attorney Booth Goodwin announced. Eric A. Hitt, of Princeton, West Virginia entered a guilty plea before Senior United States District Court Judge David A. Faber in Bluefield.
Hitt admitted that on July 16, 2013, he possessed pictures of prepubescent minors engaged in sexual acts. The images were located on his personal computer. The court scheduled sentencing for August 25, 2014 in Bluefield.
The West Virginia Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Marijuana Grower Caught in Sequoia National Forest SentencedRead the Press Release
FRESNO, Calif. — Juan Vicente Avalos-Castaneda, 20, of Perris, was sentenced today by United States District Judge Anthony W. Ishii to four and a half years in prison for manufacturing marijuana, United States Attorney Benjamin B. Wagner announced.
According to court documents, on August 18, 2013, Avalos-Castaneda was found near marijuana grow sites in the Bakeoven Pass area of the Sequoia National Forest. More than 5,000 marijuana plants were being grown at two related sites. Avalos-Castaneda attempted to run from the investigators and was captured by a trained dog. In 2012, Avalos-Castaneda was convicted of a state felony charge of manufacturing marijuana. Judge Ishii ordered Avalos-Castaneda to be turned over to United States immigration authorities for deportation following service of the prison term imposed in this case.
This case was the product of an investigation by the United States Forest Service and the Tulare County Sheriff’s Office. Assistant United States Attorney Kevin Rooney prosecuted the case.
Law School Graduate Pleads GuiltyTo Conspiring to Launder Drug MoneyRead the Press Release
KANSAS CITY, KAN. - A law school graduate who operated a non-profit business pleaded guilty Monday to conspiring to launder drug money, U.S. Attorney Barry Grissom said.
Mendy Read-Forbes, 39, Platte City, Mo., pleaded guilty to one count of conspiracy. In her plea, she admitted that in March 2012 she began meeting with an agent posing as a drug dealer. Read-Forbes, a law school graduate who was not licensed to practice law, operated Forbes & Newhard Credit Solutions, Inc., a nonprofit corporation registered in Missouri to provide educational and social welfare services.
The agent told Read-Forbes he had assets to conceal from the sale of marijuana. She boasted she could use her legal training and her connections with federal attorneys and law enforcement officers to help him launder the money. She told the agent she would launder his cash by running it through her business. She said a lot of her customers paid in cash. So it would not be suspicious for her to be doing transactions involving cash. The plan also involved her listing the agent as an employee of her business and putting him on her company’s board of directors. As part of the scheme, she created a fictitious company called Maximus Lawn Care LLC.
Over the course of the investigation she laundered a total of more than $200,000 in purported drug funds. She also agreed to invest $40,000 of her money with the agent for the purchase of marijuana.Sentencing is set for July 22. Both sides have agreed to recommend a sentence of no less than seven years and no more than 15 years.
Co-defendants are: Ronald E. Partee, 67, Kansas City, Mo., who was sentenced to five years.
Grissom commended the Johnson County Sheriff’s Department, the Kansas Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service, the Department of Housing and Urban Development, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Laura Shoop, 47, Platte City, Mo., who is awaiting sentencing.Kanawha County Man Pleads Guilty to Possessing Child Pornography That He ProducedRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a 40-year-old Kanawha County man who possessed sexually explicit images of children, including images that he produced himself, pleaded guilty today. Stephen Wayne Laton, Jr., pleaded guilty in federal court in Charleston before United States District Judge John T. Copenhaver, Jr., to possession of child pornography. In February of 2013, Laton was caught possessing images and videos of child pornography, including sexually explicit pictures and video of a minor female relative that he had taken himself. Laton faces up to 20 years in prison when he is sentenced on August 6, 2014.
The Federal Bureau of Investigation and the West Virginia State Police conducted the investigation. Assistant United States Attorney Jennifer Rada is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
KC Man Pleads Guilty to Armed Bank RobberyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to the armed robbery of Bank of America nearly seven years ago.
Marlon Jaye Larry, 40, of Kansas City, pleaded guilty before U.S. District Judge Dean Whipple to the charges contained in a Feb. 4, 2008, federal indictment. Larry was a fugitive from justice until his arrest in Pennsylvania in March 2013.
By pleading guilty today, Larry admitted that he used a handgun to steal $38,938 from Bank of America, 10731 State Line Rd., Kansas City, on June 27, 2007. Larry, wearing a disguise, entered Bank of America just after 8 a.m. that day. According to court records, Larry ran up to the bank manager as he approached the outside front door of the bank. The manager tried to push Larry away, but Larry struck him in the head with a handgun. Larry then told the employees inside the bank to get on the floor and said, "You better not hit any alarms or I'll kill you all."
Larry brandished a loaded handgun at a teller window and ordered bank employees to get on the floor. He ordered the employees to open the bank’s cash vault, but they were unable to do so. The cash vault locked and could not be opened. Larry then ordered them to place money from their teller drawers into a black trash bag he had brought into the bank. Larry started to leave the bank and then came back and asked for car keys. One of the bank employees gave Larry the keys to his car.
Later that day, police officer searched the residence of a female acquaintance of Larry’s. They found a black plastic trash bag, which contained $28,609 stolen from Bank of America, in the garage. Police also found a Taurus 9mm handgun in a box next to the trash bag.
Larry pleaded guilty today to one count of armed bank robbery and one count of using a firearm in relation to a crime of violence.
Under federal statutes, Larry is subject to a sentence of up to 25 years in federal prison without parole, plus a fine up to $250,000, on the armed bank robbery conviction. Under the terms of today’s plea agreement, Larry will be sentenced to five years in federal prison without parole, to be served consecutively, on the firearm conviction. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the FBI and the Kansas City, Mo, Police Department.Justice Department Settles Immigration-Related Discrimination Claim against SK Food Group Inc.Read the Press Release
WASHINGTON – The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens.
The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food required work-authorized non-U.S. citizens to produce specific Department of Homeland Security documents to prove their work authority in connection with the company’s employment eligibility verification process, but did not make similar demands of U.S. citizens. Such discriminatory practices are prohibited under the anti-discrimination provision of the Immigration and Nationality Act (INA).Under the agreement, SK Food must pay $40,500 in civil penalties to the United States; identify and provide back pay to any individuals who suffered lost wages as a result of the company’s alleged discriminatory documentary practices; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.
“Employers cannot create discriminatory obstacles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “In this case, we commend the company for its full cooperation during the investigation and for its efforts to address and resolve the deficiencies in its employment eligibility verification process.”
“No one who is legally authorized to work in the United States should be denied that opportunity based on suspicion or stereotypes,” said U.S. Attorney Jenny A. Durkan for the Western District of Washington. “The agreement filed today ensures training for human resource workers and outreach to employees to promote and safeguard equal treatment for all new workers.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. This case was handled by OSC Trial Attorney Luz V. Lopez-Ortiz.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired), sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected] or visit the website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status or national origin or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral should contact the worker hotline above for assistance.Justice Department Settles Immigration-Related Discrimination Claim Against SK Food Group Inc.Read the Press Release
The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens.
The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food required work-authorized non-U.S. citizens to produce specific Department of Homeland Security documents to prove their work authority in connection with the company’s employment eligibility verification process, but did not make similar demands of U.S. citizens. Such discriminatory practices are prohibited under the anti-discrimination provision of the Immigration and Nationality Act (INA).
Under the agreement, SK Food must pay $40,500 in civil penalties to the United States; identify and provide back pay to any individuals who suffered lost wages as a result of the company’s alleged discriminatory documentary practices; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.
“Employers cannot create discriminatory obstacles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “In this case, we commend the company for its full cooperation during the investigation and for its efforts to address and resolve the deficiencies in its employment eligibility verification process.”
“No one who is legally authorized to work in the United States should be denied that opportunity based on suspicion or stereotypes,” said U.S. Attorney Jenny A. Durkan for the Western District of Washington. “The agreement filed today ensures training for human resource workers and outreach to employees to promote and safeguard equal treatment for all new workers.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. This case was handled by OSC Trial Attorney Luz V. Lopez-Ortiz.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired), sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected] or visit the website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status or national origin or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral should contact the worker hotline above for assistance.
Jefferson County Man Sentenced to in Excess of Thirteen Years in Federal Prison on Crack Cocaine ChargesRead the Press Release
Follow @SDILNewsA Jefferson County man was sentenced on April 17, 2014, to federal prison on crack cocaine charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Andre T. Davis, 27, of Mt. Vernon, Illinois, was sentenced to 162 months in prison, to be followed by four years of supervised release, and fined $200. The Court sentenced Davis as a Career Offender due to Davis’ previous criminal history. Davis had previously pleaded guilty to a federal indictment charging that on May 18, 2012, in Jefferson County, Illinois, Davis knowingly and intentionally distributed crack cocaine.
The investigation in this case was conducted by the Joint Narcotics Unit of the Mt. Vernon Police Department and the Jefferson County Sheriff’s Department.
The case is being handled by Assistant United States Attorney George Norwood.
Huntington Man Admits Possessing Heroin, Cocaine and Oxycodone for DistributionRead the Press Release
Charleston Man Caught with Pills, Heroin, Crack, Guns and Ammunition
Huntington, W.Va. – U. S. Attorney Booth Goodwin announced that Julian Tucker, 26, of Huntington, West Virginia plead guilty today in federal court in Huntington to possessing heroin, cocaine and oxycodone with the intent to distribute them. Tucker admitted that in January of 2014, while en route to Huntington with the illegal drugs, the cab in which he was travelling was stopped for speeding. When officers discovered the drugs, Tucker was arrested and admitted that he had purchased the drugs the day before in Florida for $40,000.
At today’s plea hearing, Tucker, who at the time of his arrest was on federal supervision for a bank robbery conviction, also admitted that traveling to Florida without permission and buying illegal drugs violated the terms of his supervised release.
Tucker, faces up to 20 years imprisonment, a $1,000,000.00 fine on the drug possession charge and an additional 2 years imprisonment for violating the terms of his supervised release. He is scheduled to be sentenced on July 28, 2014.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Huntington Felon Sentenced to Four Years for Illegal Possession of A FirearmRead the Press Release
Huntington, W.Va. – A Huntington felon was sentenced today in federal court to four years in prison after pleading guilty to a federal firearm possession charge, U.S. Attorney Booth Goodwin announced today. Jerry T. Kinney, 29, pleaded guilty in January of 2014 to possession of a firearm by a prohibited person. United States District Court Chief Judge Robert C. Chambers handed down the sentence
On September 5, 2013, Kinney illegally possessed a .45 caliber pistol near Huntington. After Kinney was involved in an altercation inside a Huntington bar, he retrieved the firearm and chased another bar patron down an alley, shooting several times. Nobody was injured as a result of the shooting.
Kinney was previously convicted of possession of a controlled substance in November of 2002 in Detroit, Michigan. Kinney also was previously convicted of possession of a firearm by a prohibited person in October of 2010 in the Circuit Court of Cabell County, West Virginia. He did not have his rights to possess a firearm restored.
The investigation was conducted by the Huntington Violent Crimes and Drug Task Force. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Hogsett Announces Another Conviction at Trial of Felon in PossessionRead the Press Release
U.S. Attorney maintains relentless pursuit of illegal possession of weapons throughout Indiana
INDIANAPOLIS- Joseph H. Hogsett, the United States Attorney, announced today the conviction of a New Jersey man on federal firearms charges. Dennis N. VanHouten, 28, Point Jervis, NJ, was convicted at a bench trial in front of U.S. District Judge William T. Lawrence for being a felon in possession of a firearm and for illegal possession of ammunition.
VanHouten was stopped by officers from the Brownsburg Interstate Crime Enforcement Team on Interstate 70 for a traffic violation. A computer check revealed that VanHouten was wanted on a violent sexual offender felony warrant out of Orange County, New York. Officers placed VanHouten under arrest and began a search of the vehicle.
Once inside the vehicle, officers located a green storage case that contained an SKS semi-automatic 7.62 x 39 caliber rifle. VanHouten is a convicted felon and may not legally possess a firearm. Officers also located a storage case with VanHouten’s name on it secured by four pad locks in the rear of his vehicle. The container was suspicious so the Indianapolis Metro Police Department (IMPD) Bomb Squad was summoned to insure the contents did not contain explosives. Officers and agents obtained a state warrant for the container and found 1900 rounds of ammunition for the rifle. Previously, VanHouten had been convicted of “criminal sex act 2” in Cayuga County, New York in 2011.
This prosecution comes as part of the U.S. Attorney’s Violent Crime Initiative (VCI), and is the result of a collaborative investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, Criminal Investigations Division, Indiana State Police, Brownsburg Police Department, IMPD and the Orange County, New York Probation Department.
Announced in March of 2011, the Violent Crime Initiative represents a district-wide strategy to work with local law enforcement and county prosecutors to combat drug traffickers and criminals that use and carry firearms in their illegal activities. The VCI has produced a dramatic increase in the number of gun-related charges brought federally. In the year preceding the initiative, there were just 14 defendants charged with federal gun crimes by the U.S. Attorney’s Office. In the nearly three years since, more than 314 defendants have been charged.
“Through our Violent Crime Initiative, and in working with our law enforcement partners here in Central Indiana, we’re sending a united message that illegally-armed felons will face the full force of federal law,” Hogsett added.
According to Assistant U.S. Attorney Gayle Helart, who is prosecuting the case for the government, VanHouten could face up to 10 years in federal prison and a $250,000.00 fine at sentencing. He remains in the custody of the United States Marshal’s Service. No sentencing date has been set.
Guilty Verdict Reached in Trial Against Bank RobberyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced the conviction today of Walter Butler, Jr., aged 45, of Gainesville, Georgia, of bank robbery. Orlando Brock, aged 43, of Hartwell, Georgia was found guilty of armed bank robbery and brandishing a firearm during a crime of violence. The guilty verdicts were handed down following a four day trial before the Honorable C. Ashley Royal, Chief United States District Court Judge, in Athens, Georgia.Evidence presented at trial showed that on Thursday, September 22, 2011, at approximately 2:40 pm, Allen Colbert, a/k/a “Juicy”, and Juan Vladimir Camp entered the North Georgia Credit Union in Lavonia, Ga. Both men carried firearms; one of them brandished a firearm. Both men wore gloves and covers over their heads. The pair forced the tellers to hand over approximately $310,000 and then sprayed them with pepper spray. After stealing the money, both Mr. Butler and Mr. Colbert left the scene in a truck driven by Mr. Butler. Orlando Brock planned the robbery, supplied the firearms and dropped Mr. Colbert and Mr. Camp off at the bank that day.
Mr. Colbert and Mr. Camp entered guilty pleas to their part in the robbery on March 20, 2013. The Court has set their sentencing hearing for May 27, 2014 in Athens, Georgia.Mr. Butler faces a maximum sentence of twenty (20) years imprisonment, a maximum fine of $250,000, or both. Mr. Brock, Mr. Colbert and Mr. Camp face a maximum sentence of twenty- five (25) years imprisonment, a maximum fine of $250,000 or both. Mr. Brock faces an additional minimum mandatory sentence of seven (7) years up to a maximum sentence of life, a maximum fine of $250,000 or both, on the firearm charges. The Court will set a sentencing date for Mr. Butler and Mr. Brock following the completion of a pre-sentence investigation and report.
“This case is a fine example of a cooperative investigation by the Federal, State and local authorities. These defendants face lengthy terms of imprisonment without parole as the result of their violent criminal activity,” stated U.S. Attorney Michael Moore.
“The GBI is committed to working with our local and federal law enforcement partners to insure those who commit crimes such as this are brought to justice,” said GBI Director Vernon Keenan.
The case was investigated by the Federal Bureau of Investigation, Georgia Bureau of Investigation, Franklin County Sheriff’s Office and Lavonia Police Department. Assistant United States Attorneys Graham Thorpe and Sonja Profit prosecuted the case for the Government.
Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
Grand Forks Man Sentenced for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 21, 2014, Ryan Ronald Mountain a.k.a. Ryan Ronald Edward Mountain 33, from Grand Forks, N.D. was sentenced before U.S. District Judge Ralph R. Erickson to serve 15 years in prison for possession of a firearm and ammunition by a convicted felon.
In Bismarck, United States Attorney Timothy Purdon said: “Convicted felons may not possess firearms and ammunition. Federal penalties for those who would ignore this law are especially severe for felons who have commit crimes of violence and serious drug crimes. The stiff sentence handed out in this case shows that the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and our federal, state, and local law enforcement partners are working together to vigorously enforce these laws.”
Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the indictment filed, Mountain was previously convicted of the following felonies: delivery of marijuana in Grand Forks County, N.D. (2001); possession of drug paraphernalia in Grand Forks County, N.D. (2005); terrorizing (two counts) in Grand Forks County, N.D. (2005); aggravated assault in Grand Forks County, N.D. (2005); and aggravated assault in Cass County, N.D. (2005).
Mountain was found in possession of the Hi-Point 9mm pistol and ammunition on July 26, 2013, when Grand Forks Police and the Grand Forks Narcotics Task Force searched a residence in Grand Forks and arrested him on an outstanding warrant from another case. Further investigation by the Grand Forks Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led to the filing of the Federal firearms charge in U.S. District Court.Judge Erickson sentenced Mountain to 15 years’ imprisonment, the mandatory minimum under Federal law, based upon his five prior felony convictions for either violent crimes or serious drug offenses. Mountain’s sentence of imprisonment will be followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms, Grand Forks Police Department, and Grand Forks Narcotics Task Force (which is comprised of officers from the Grand Forks Police Department, Grand Forks County Sheriff’s Office, North Dakota Bureau of Criminal Investigation, UND Police Department, Homeland Security Investigations, and U.S. Border Patrol), in conjunction with the Grand Forks County State’s Attorney’s Office.
Assistant U.S. Attorney Scott Schneider prosecuted the case.
Frank Zimmerman Pleads Guilty to Embezzlement from United States Department of LaborRead the Press Release
KNOXVILLE, Tenn. – On Apr. 17, 2014, Frank Zimmerman pleaded guilty in U.S. District Court to a one-count Information charging him with wilfully and knowingly embezzling over $1000 from the U.S. Department of Labor (“DOL”), in the form of overpayment of unemployment benefits.
Sentencing for Zimmerman has been set for Aug. 14, 2014, at 2:30 p.m., in U.S. District Court, Knoxville. He faces up to 10 years in prison, a fine of up to $250,000, a term of supervised release of up to three years, and a $100 special assessment. In addition to the criminal penalties, he faces a state determined one year ban from receiving unemployment benefits.
According to the plea agreement on file with the U.S. District Court, following an agency investigation, the Tennessee Department of Labor and Workforce Development (TDLWD) Division of Employment Security discovered and notified Zimmerman that he had been overpaid unemployment benefits of approximately $11,824.00, including approximately $2,399.00 in state benefits and approximately $9,425.00 in federal benefits. This overpayment was the result of Zimmerman’s failure to report earnings from approximately Apr. 25, 2010, to approximately Feb. 5, 2011. He received unemployment benefits for a total of 40 weeks before the fraud was uncovered. Zimmerman was required to report gross wages from working through a weekly certification process. He was required to follow certain policies and procedures, including becoming disqualified for benefits based on receiving earnings equal to or more than his weekly unemployment benefit amount.
In February 2010 Zimmerman filed an application and was approved for unemployment benefits from the TDLWD. Under TDLWD, he was entitled to receive 26 weeks of benefits based on funds that were paid to the state of Tennessee by his employer. After 26 weeks, if he continued to be eligible for unemployment benefits, extended benefits were available which were paid by the federal government to the state of Tennessee. Traditionally, these extended benefits were composed of only 50 percent federal funds; however, the American Recovery and Reinvestment Act of 2009 authorized 100 percent federal funding for extended employment benefits from Feb.17, 2009, through Dec. 31, 2013. Thus, 100 percent federal funds paid benefits authorized under that Act and during Zimmerman’s authorization period. Although administered by the TDLWD, a state agency, the funds remained federal property because the federal government retained control over the funds including the requirement that the beneficiary certify his or her continued eligibility for the benefits and report any income received during the period weekly.
Special Agents with the U.S. Department of Labor, Office of lnspector General interviewed Zimmerman in December 2012 where he voluntarily responded to their inquiries and signed a handwritten confession memorializing his unemployment fraud. Both special agents with DOL and TDLWD investigated this case. Assistant U.S. Attorney Brooklyn Sawyers is representing the United States.
Former UVA Dean Pleads Guilty to Child Pornography ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A Crozet, Va., man who was previously indicted on child pornography charges, pled guilty today in the United States District Court for the Western District of Virginia in Harrisonburg to three charges related to the trafficking of images depicting the sexual exploitation of minors.
Michael G. Morris, 50, of Crozet, Va., who used the screen name “Funshooter2006,” on a file-sharing program, was indicted in 2013, and pled guilty today, to two counts of distributing or receiving child pornography and one count of possessing child pornography. During the offenses charged, Morris was employed as an associate dean at the University of Virginia’s McIntyre School of Commerce.
“Mr. Morris traded explicit images of children engaged in sexual conduct in the dark corners of the internet,” United States Attorney Timothy J. Heaphy said today. “We must continue to fight child exploitation through a comprehensive approach of vigorous enforcement, community education and parent involvement. In a time of ever-expanding technological advances, we must all be vigilant in keep children safe online.”
“Morris’ plea today is a small consolation for what these children endure while being victimized. I am proud of the work that our agents along with the task force officer from the Charlottesville Police Department did in this case. The Richmond-based Child Exploitation Task Force will continue to marshal their resources and bring to justice those that would harm our children,” said Adam Lee, Special Agent in Charge of the FBI’s Richmond Division.
According to evidence presented during the plea hearing, a law enforcement officer, acting in an undercover capacity, successfully downloaded videos depicting minors engaged in sexually explicit conduct that Morris had made available to him on a publicly available file-sharing site on January 6, 2012, and March 19, 2013. Investigators recovered computers and other items that contained child pornography during a search of his home on November 6, 2013. While Morris’ preference was apparently adolescent females and older minors, his collection included pornographic images of prepubescent minors and images depicting bondage.
At sentencing, Morris faces a sentence of between five and twenty years in prison on the distribution and receipt charges and a sentence of up to 10 years in prison on count three.
The investigation of the case was conducted by the Federal Bureau of Investigation, Charlottesville Police Department, and the Department of Justice’s High Technology Investigative Unit. Assistant United States Attorney Nancy Healey and Herbrina Sanders, a Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, are prosecuting the case for the United States.
Former Pierce County Hard Money Lender Pleads Guilty to Mortgage Fraud SchemeRead the Press Release
A former hard money lender who resides in University Place, Washington pleaded guilty Friday to Conspiracy to Submit False Statements in Loan Applications and to Make False Statements to the Department of Housing and Urban Development, and Submitting False Statements in Loan Applications, announced U.S. Attorney Jenny A. Durkan. EMIEL A. KANDI, 37, was indicted last June for a mortgage scheme that caused a loss of more than $800,000 to the U.S. Department of Housing and Urban Development. Prosecutors agree to recommend a sentence of no more than 78 months in prison when KANDI is sentenced by U.S. District Judge Ronald B. Leighton on September 5, 2014. However, Judge Leighton is not bound by that recommendation and can impose any sentence allowed by law.
According to records in the case, between 2008 and 2009, KANDI submitted false information to obtain home mortgage loans. Some of these fraudulent home mortgageloans were designed to let KANDI cash out of properties that KANDI owned through his hard money lending. KANDI’s lending activities were typically secured by a borrower’s home and charged a high rate of interest. The hard money loans were structured, in some instances, to allow KANDI to seize control of a home if the borrower missed a single payment. Other fraudulent home mortgage loans included an inflated and often disguised commission payment to KANDI. In at least 19 loans, KANDI and his co-schemers submitted false information regarding the borrowers’ employment, salary, and intention to live in the home. Some of the loan paperwork included inflated appraisals so that KANDI could maximize the money he obtained in the scheme. The false statements were designed to make the loans appear legitimate and ensure that they would meet federal lending standards. Many of the loans were processed by Pierce Commercial Bank and were insured by the Federal Housing Administration (FHA), a unit within the federal Department of Housing and Urban Development (HUD).
False statements were made in loan applications for various properties in Western Washington, including properties in Pierce, King, and Clark County. Under the terms of the plea agreement, KANDI agrees to make restitution of $831,607 due to HUD. The court will decide whether he also owes an additional $169,358 to individual borrowers who KANDI represented as a mortgage broker.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
The case was investigated by the FBI and the Department of Housing and Urban Development, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Brian Werner and Special Assistant United States Attorney Hugo Torres. Mr. Torres is a King County Deputy Prosecutor specially funded by the Washington Department of Financial Institutions (DFI) to handle mortgage fraud cases in state and federal court.
Former Bank Employee in Neosho CountyPleads Guilty to Embezzling More Than $180,000Read the Press Release
WICHITA, KAN. - A former employee of a bank in Neosho County pleaded guilty Monday to embezzling more than $180,000 from the bank, U.S. Attorney Barry Grissom said.
Sherrie Landell, 42, Erie, Kan., pleaded guilty to one count of embezzlement by a bank employee. In her plea, she admitted that from September 2007 to May 2013 she embezzled from Exchange State Bank.
Landell worked in the bank’s branch in St. Paul, Kan. She was responsible for maintaining the bank’s general ledger account and an account designated for accounts receivable on certificates of deposit. Money she stole included interest due on certificates of deposit. She fraudulently altered the bank’s records to conceal the crime. The shortage was discovered during a bank regulatory exam and subsequent audit by an independent accounting firm in 2013.
Sentencing is set for July 14. She faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the U.S. Secret Service, the Federal Deposit Insurance Corporation and Assistant U.S. Attorney Aaron Smith for their work on the case.
Fairbanks Moose Hunter Sentenced for Federal ViolationRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that a Fairbanks resident was sentenced in United States Magistrate’s Court in Fairbanks, for charges stemming from his involvement in the illegal taking of a moose and the subsequent shipping of the moose antlers out of Alaska.
Leslie P. Zerbe, 67, of Fairbanks, Alaska, pled guilty to the charge of Interstate Transport of Unlawfully Taken and Possessed Wildlife, a misdemeanor violation of the Lacey Act. Sentence was entered the same day, requiring Zerbe pay a $10,000 fine. The court also ordered Zerbe not to hunt for a period of two years, and not to be with anyone who is hunting or to support or assist anyone hunting during that period.
According to the plea agreement, Zerbe and a friend from Michigan hunted and took a moose in the Ferry Trail Management Area of Game Management Unit 20A in 2009. Alaska law prohibits taking a moose in that area unless the antlers are at least 50 inches wide or, regardless of width, have at least four brow tines on one side. The moose taken by Zerbe and the Michigan hunter had antlers just over 42 inches wide with only three brow tines on each side, and was therefore illegal under state law. Zerbe was aware of the restriction. He acknowledged he had previously hunted in that area for several years and had a wilderness cabin less than two miles from the kill site. Because the kill violated state law, Zerbe violated federal law by shipping the antlers of the moose from Alaska to the friend in Michigan.
The investigation was initiated by the Alaska State Troopers in 2009, but later referred to the United States Fish and Wildlife Service due to the federal violations. Federal agents obtained the antlers and also located the kill site where they collected additional evidence conclusively linking the antlers to that site.
“The Fish and Wildlife Service is committed to protecting America’s wildlife resources. The sentence imposed by the court sends a message that such violations of wildlife law will be not be tolerated,” said Ryan Noel, the acting Special Agent in Charge of the United States Fish and Wildlife Law Enforcement Office for Alaska.
“Federal law enforcement works closely with state authorities to protect and preserve the wildlife resources of Alaska. The evidence in this case showed that the defendant violated federal law when he shipped the antlers of an under-sized and illegally hunted moose to Michigan,” said Kevin Feldis, Chief of the Criminal Division at the U.S. Attorney’s Office.
Ms. Loeffler commends the United States Fish and Wildlife Service, Office of Law Enforcement for their efforts in this case.
Essex County, N.J., Woman Sentenced to 79 Months in Prison for Fraud Scheme That Targeted Elderly IndividualsRead the Press Release
NEWARK, N.J. – An Essex County, N.J., woman was sentenced today to 79 months in prison for a credit card fraud and identity theft scheme in which she targeted elderly women, U.S. Attorney Paul J. Fishman announced.
Terrell Brunson, 40, of Newark, N.J., previously pleaded guilty before U.S. District Judge Anne. E. Thompson in Trenton federal court to an indictment charging her with access device fraud and aggravated identity theft. Brunson was sentenced to 51 months on the access device fraud count, followed by 24 consecutive months on the aggravated identity theft count and four consecutive months for violating her supervised release.
According to documents filed in this case and statements made in court: From April 2012 through February 2013, Brunson engaged in an identity theft and credit card fraud scheme that specifically targeted elderly women. She searched through publicly available directories for telephone numbers of individuals who she believed, based upon their names, were elderly women. One name that Brunson commonly sought out was “Ruth.” Brunson called these individuals and pretended to be someone else, such as a representative from a credit card company. She then solicited personal information from these women (Social Security numbers and dates of birth) and then contacted credit card companies and used the information to add herself as an authorized user to the victims’ accounts or to create new accounts.
On July 3, 2012, a woman identified as “Victim One” received a telephone call from Brunson, purporting to be a representative of MasterCard. Brunson inquired about an alleged $400 transaction that she claimed Victim One had made at a Wal-Mart store. Victim One informed Brunson that the Wal-Mart transaction was fraudulent and provided her Social Security number, date of birth, and mother’s maiden name. Brunson then used Victim One’s personal information to open two retail store credit card accounts and to access one of Victim One’s current credit card accounts. Brunson then used these accounts to make thousands of dollars’ worth of purchases online and in person at various stores and restaurants in New Jersey.
On Dec. 14, 2007, Brunson was arrested in a similar scheme and was and charged with access device fraud in federal court. While on pretrial release in connection with these charges, Brunson continued the scheme and fraudulently obtained additional identities and access to the credit card accounts of others. Brunson pleaded guilty to a two-count information and on April 2, 2009, U.S. District Judge Anne E. Thompson sentenced her to 39 months in prison, followed by three years of supervised release. Brunson committed the present offenses while on supervised release.
In addition to the prison term, Judge Thompson sentenced Brunson to three years of supervised release, entered a judgment of forfeiture in the amount of $10,894 and ordered Brunson to pay restitution of $7,069.
U.S. Attorney Fishman credit special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola, for the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the U.S. Attorney’s Office Criminal Division in Trenton.
13-135Defense counsel: Muhammad I. Bashir Esq., Elizabeth, N.J.
El Departamento De Justicia Llega a un Acuerdo sobre una Queja de Discriminación Relacionada a Inmigración contra SK Food Group Inc.Read the Press Release
WASHINGTON - El Departamento de Justicia llegó a un acuerdo hoy con SK Food Group Inc., una empresa con sede en Seattle, el cual resuelve los reclamos de que la empresa usó prácticas documentales discriminatorias cuando verificó la autorización de trabajo de personas sin ciudadanía estadounidense.
La investigación del departamento, la cual se inició basado en una remisión del Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS por sus siglas en inglés), encontró que SK Food requería que personas autorizadas a trabajar sin ciudadanía estadounidense produjeran documentos específicos emitidos por el Departamento de Seguridad Nacional para probar su autorización de trabajo en conexión con el proceso de verificación de elegibilidad de empleo de la compañía, pero no exigía lo mismo de los ciudadanos estadounidenses. Tales prácticas discriminatorias están prohibidas bajo de la provisión anti-discriminación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
Conforme al acuerdo de resolución, SK Food tiene que pagar $40,500 en sanciones civiles a los Estados Unidos, identificar y proveerles sueldos perdidos a cualquieres individuos quienes sufrieron una pérdida de sueldo debido a las prácticas discriminatorias supuestas de la compañía, y estar sujeta a supervisión de sus prácticas de verificación de elegibilidad de empleo por un año.
"Los empleadores no pueden crear obstáculos discriminatorios para aquellas personas con autorización de trabajo que no tienen ciudadanía estadounidense durante el proceso de verificación de elegibilidad de empleo," expresó la Asistente Interina del Procurador General de la División de Derechos Civiles, Jocelyn Samuels. "En este caso, nosotros elogiamos a la compañía por su cooperación completa durante esta investigación, y por sus esfuerzos para abordar y resolver sus deficiencias en el proceso de verificación de elegibilidad de empleo."
"Ninguna persona legalmente autorizada a trabajar en los Estados Unidos debe ser negada esa oportunidad basada en sospechas o estereotipos," expresó Fiscal Federal Jenny A. Durkan, del Distrito del Oeste de Washington. "El acuerdo sometido hoy asegura adiestramiento para trabajadores de recursos humanos y alcance comunitario para empleados para promover y proteger el tratamiento justo para todos los nuevos trabajadores."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC por sus siglas en inglés) es responsable de exigir el cumplimiento de la provisión anti-discriminación de la INA. Este asunto fue manejado por Abogada de la OSC, Luz V. López-Ortiz.
Para más información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración llame a la línea directa del empleado de la OSC al 1-800-255-7688 (1-800-237-2515, TTY para las personas con dificultades auditivos), llame a la línea directa de empleadores de la OSC al 1-800-255-8155 (1-800-237-2515, TTY para las personas con dificultades auditivos), regístrese para un seminario por internet gratis al www.justice.gov/crt/about/osc/webinars.php, mándenos un correo electrónico al [email protected] o visite el sitio web en www.justice.gov/crt/about/osc.
Los solicitantes o trabajadores que creen que han sido sometidos a requisitos documentales distintos basados en su ciudadanía, estatus de inmigración u origen nacional, ó a discriminación basada en su ciudadanía, estatus de inmigración u origen nacional en la contratación, despido, o reclutamiento o recomendación, deben comunicarse con la línea directa del empleado indicada arriba para recibir ayuda.
Drug Dealer Who Killed Customer in Self Defense Sentenced to More Than 12 Years in Prison for Drug ChargeRead the Press Release
FRESNO, Calif. — U.S. District Judge Anthony W. Ishii sentenced Fernando Figueroa, 39, of Fresno, to 12 years and seven months in prison for possession with intent to distribute methamphetamine, United States Attorney, Benjamin B. Wagner announced. Figueroa is a previously convicted felon.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department. It is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative that brings together federal, state and local law enforcement to combat gun and gang violence. United States Attorney Kimberly A. Sanchez is prosecuting the case.
According to court documents, on January 28, 2012, three men came to Figueroa's apartment to buy 1/8 ounce of methamphetamine. Figueroa claimed that, as he was preparing to provide the methamphetamine, two of the men began punching and kicking him. Figueroa pulled a gun from his waistband and fired it once, striking and killing one of the men.
When police searched Figueroa’s apartment, they found a Ruger, Model Security Six, .357-caliber revolver loaded with six rounds of Fiocchi .357-caliber ammunition in the apartment (not the gun used in the shooting), approximately 3.56 grams of methamphetamine, pay/owe sheets, and packaging material.
“This is another outstanding example of ATF and the Fresno Police Department working together to combat armed drug trafficking and violent gun crime in the City of Fresno,” said Bureau of Alcohol, Tobacco Firearms and Explosives Special Agent in Charge Joseph M. Riehl.
Department of Justice Announces University Tour by Administration Officials to Raise Awareness of Campus Sexual AssaultRead the Press Release
In recognition of the 20th anniversary of the Violence Against Women Act (VAWA), the Department of Justice today announced a nationwide university tour by top administration officials to raise awareness of campus sexual assault. From April 23-May 1, senior officials from the Departments of Justice and Education will visit campuses across the country, including public and private universities, community colleges, historically black colleges and faith-based and tribal-affiliated institutions around the nation. Officials will speak with campus administrators, local law enforcement, community partners, local service providers and students about how best practices and lessons learned are playing out in areas such as prevention, public awareness and peer support. Visits will also highlight the role that federal, state and local government, working with university administrators, faculty and students, should play.
The federal government is proud to partner with hundreds of campuses across our country to improve safety for students with comprehensive solutions to both prevent acts of violence and to support victim services,” said Bea Hanson, Principal Deputy Director of the Office on Violence Against Women. “The Campus Program is dedicated to building a future where domestic abuse, sexual assault, stalking and teen dating violence are eradicated.”
Each campus on the tour is a recipient of the department’s Office on Violence Against Women’s “Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence and Stalking on Campus Program.” The Campus Program funds institutions of higher education to adopt comprehensive responses to domestic violence, dating violence, sexual assault and stalking, creating partnerships among campus entities and with community-based victim services organizations and criminal and civil justice agencies. Campus Program grantees must provide prevention programs for all incoming students; train campus law enforcement or security staff; educate campus judicial or disciplinary boards on the unique dynamics of these crimes; and create a coordinated community response to enhance victim assistance and safety while holding offenders accountable.
Since 1999, OVW has funded approximately 400 campus-based projects, totaling more than $139 million, to address domestic violence, dating violence, sexual assault and stalking on campuses.
Logistical details will be released closer to the event date. The list of the campus visits is below:April 23, 2014
Associate Attorney General Tony West
North Carolina Central University (Durham, N.C.)Principal Deputy Director, Office on Violence Against Women, Bea Hanson
Director, Office of Community Oriented Policing Services, Ronald L. Davis
St. John’s University (Queens, N.Y.)April 24, 2014
Deputy Attorney General James M. Cole
Principal Deputy Director, Office on Violence Against Women, Bea Hanson
Senior Counselor to the Assistant Attorney General, Civil Rights Division, Becky L. Monroe
Gallaudet University (Washington, D.C.)Associate Attorney General Tony West
Loyola University (Chicago, Ill.)April 25, 2014
Associate Attorney General Tony West
United Tribes Technical College (Bismarck, N.D.)Acting Assistant Attorney General Jocelyn Samuels
University of Delaware (Newark, Del.)April 29, 2014
Associate Director, Office on Violence Against Women, Darlene Johnson
William Paterson University (Wayne, N.J.)April 30, 2014
Assistant Secretary, Office for Civil Rights, U.S. Department of Education, Catherine E. Lhamon
University of California Santa Barbara (Santa Barbara, Calif.)Principal Deputy Director, Office on Violence Against Women, Bea Hanson
State University of New York (SUNY) at Stony Brook (Stony Brook, N.Y.)Associate Director, Office on Violence Against Women, Darlene Johnson
Bergen Community College (Paramus, N.J.)May 1, 2014
Assistant Secretary, Office for Civil Rights, U.S. Department of Education, Catherine E. Lhamon
California State Polytechnic University, Pomona (Pomona, Calif.)To learn more about the campus tour, please follow #SafetyonCampus through social media channels.
Defendant Sentenced to Theft of Rocks from BLMRead the Press Release
BOISE – Brian Kirkpatrick, 46, of Nampa, Idaho, was sentenced today in the United States District Court in Boise to nine months in prison for Theft of Government Property, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also sentenced Kirkpatrick to serve three years of supervised release following his release from prison. Kirkpatrick’s nine month sentence is to be served concurrently with his sentence for a probation violation on a similar federal case from 2009, and concurrently with related state charges for which he has been incarcerated since August 13, 2013. Kirkpatrick pleaded guilty on February 4, 2014.
According to the plea agreement, between November 2012 and June 2013, Kirkpatrick stole more than 9,800 pounds of sandstone from BLM lands to sell commercially for use in landscaping projects. The value was approximately $1,472, which made Kirkpatrick’s crime a felony. Restitution was ordered in the amount of $1,472, as well as an unpaid balance on restitution for his probation violation in the amount of $145.98. A fine was also imposed in the amount of $500, as well as $350 still owing from his probation violation. He was also ordered to pay a $100 special assessment.
This case is the result of an investigation by criminal investigators of the Bureau of Land Management, United States Department of the Interior. Olson stated the following: “Protecting Idaho’s public lands is a priority for my office. Public lands are just that: they are there for the public to enjoy. This prosecution hopefully sends a strong message that my office will prosecute those who illegally exploit public lands for their own gain.”
Dallas Man Who Ran A Marijuana Distribution Conspiracy Is Sentenced to More Than 17 Years in Federal PrisonRead the Press Release
DALLAS — A Dallas man who pleaded guilty in July 2013 to his role as a leader of a marijuana distribution conspiracy operating in north Texas was sentenced this morning in federal court in Dallas. Sylvespa Eugene Adams, aka “Sylvesta Adams, Pa and Paw,” 31, was sentenced by U.S. District Judge Sam A. Lindsay to 210 months (17.5 years) in federal prison, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Adams will also be required to forfeit the proceeds of his criminal activity, which includes four houses in Dallas and seven luxury vehicles including a Bentley, Porsche and Mercedes.
Adams and 21 codefendants were charged in the drug conspiracy that was outlined in a federal indictment returned by a grand jury in Dallas in December 2012. More than half of the defendants were in custody following an operation in January 2013 conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service Criminal Investigation (IRS-CI); the Dallas High Intensity Drug Trafficking Areas (HIDTA); the Desoto, Dallas, Balch Springs, Arlington and Midlothian Police Departments; Dallas County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dallas County District Attorney’s Office.
During the course of this Organized Crime Drug Enforcement Task Force (OCDETF) operation, law enforcement executed federal and state search warrants that resulted in the seizure of approximately 25 pounds of hydroponic marijuana, more than 600 marijuana plants, 10 vehicles and five firearms. To date, 17 defendants have pleaded guilty to their role in the conspiracy. Fourteen of those defendants were sentenced to federal prison terms ranging from 7 months to 180 months. The remainder will be sentenced in the next few months.
Adams admitted that on several occasions during the conspiracy, which began in January 2010, he conspired with others to possess with the intent to distribute and to distribute 100 kilograms or more of marijuana. According to plea documents filed, couriers were sent to Tucson, Arizona, to pick up marijuana and transport it back to Dallas in checked suitcases on commercial airlines. Adams admitted the marijuana was stashed at his house and another house on Red Wing Drive in Dallas. One residence on Red Wing Drive was used to grow marijuana plants that would be harvested for distribution to customers.
Adams also admitted that during the conspiracy, he used Lions Entertainment L.L.C., Club Copa and various rental properties to conceal and disguise the nature, location, source, ownership and control of the drug proceeds by depositing them in a co-defendant’s bank account.
Assistant U.S. Attorney Phelesa Guy was in charge of the prosecution, and Assistant U.S. Attorney John de la Garza handled the forfeiture.
Columbus Man Pleads Guilty to Heroin and Pill Trafficking in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – A Columbus man caught with oxycodone and heroin during an August 2013 traffic stop was sentenced to two and half years in federal prison by Chief United States District Judge Robert C. Chambers, announced U.S. Attorney Booth Goodwin. Antoine Walker, 27, pleaded guilty in January of 2014 to conspiracy to distribute heroin and oxycodone.
In August of 2013, Walker’s vehicle was stopped by the Ohio Highway Patrol. During the traffic stop, police found approximately 300 grams of heroin and 498 oxycodone pills inside the car. Walker told police that he was en route to Huntington to deliver the drugs to an associate.
The Huntington Violent Crimes and Drug Task Force conducted the investigation. This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Cedar Rapids Man Sentenced in Federal Court for Drug ConspiracyRead the Press Release
A Cedar Rapids man who was the former owner of the Sound Shop, a Cedar Rapids business, was sentenced today to more than 3 years in federal prison.
Nels Nolan Nelson, 34, from Cedar Rapids, Iowa, received the prison term after a January 27, 2014, guilty plea to one count of conspiring to distribute and possession with intent to distribute marijuana.
At the guilty plea, Nelson admitted he conspired with other individuals to distribute marijuana and possessed marijuana with intent to distribute the drug.
Nelson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Nelson was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Nelson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by the federal Drug Enforcement Administration.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00006.
Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – A Martinsburg man has been sentenced to more than 15 years in prison for possession of a firearm, according to U.S. Attorney William J. Ihlenfeld, II.
Donnie COLLINS, age 29, of Martinsburg, was sentenced to 188 months in prison and five years of supervised release for “Felon in Possession of a Firearm.” COLLINS was determined to be an Armed Career Criminal due to his three prior felony drug convictions. He was sentenced by U.S. District Judge Gina M. Groh.
COLLINS was remanded to the custody of the United States Marshal pending designation to a Federal prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police.
In other matters before Judge Groh, David Lee FERGUSON, age 61, of Martinsburg, was sentenced to 30 months in prison and six years of supervised release and Ashley Lucille DIXSON, age 27, of Martinsburg, was sentenced to 27 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of a School.” FERGUSON and DIXSON were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Eastern Panhandle Drug & Violent Crime Task Force.
Carl CHANEY, age 60, of Springfield, West Virginia, was sentenced to 15 months in prison and three years of supervised release due to his conviction for “Felon in Possession of a Firearm.” CHANEY is free on bond and will self-report to the designated Federal prison.
Charles JONES, JR., age 47, of Romney, West Virginia, was sentenced to 10 months in prison and three years of supervised release for “Sale of a Firearm to a Known Felon.” JONES, who is free on bond, will self-report to prison.
The CHANEY and JONES cases were prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hampshire County Sheriff’s Office.
Alvin Lee STOLTZFUS, age 51, of Romney, West Virginia, was sentenced to five years of probation and ordered to make restitution in the amount of $15,817.50 for “Cutting and Removal of Timber from Public Lands.” This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the National Park Service.
Canadian Citizen Sentenced for Using Deceased Brother's IdentityRead the Press Release
WICHITA, KAN. – A Canadian citizen who was convicted on charges of using his deceased brother’s identity was sentenced Monday to four years in federal prison, U.S. Attorney Barry Grissom said. He also was ordered to pay restitution of $15,186 to a former business partner.
A jury found Leslie Lyle Camick, 58, a citizen of Canada, guilty on all charges including three counts of aggravated identity theft, one count of mail fraud, one count of wire fraud, one count of making a false statement to the U.S. Patent Office and one count of obstruction of justice.
During trial, prosecutors presented evidence that:
- Beginning in 1997 Camick used the identity of his deceased brother, Wayne Bradly Camick, who died as an infant in 1958.
- He used the stolen identity to unlawfully enter and remain in the United States for at least 10 years.
- He used the stolen identity to obtain a Canadian Social Insurance card and a driver’s license in the Cayman Islands.
- Using his brother’s identity, he signed documents for the purchase of real estate in Winfield, Kan., and documents to obtain a U.S. patent.
- He filed a federal civil rights lawsuit containing false allegations against a witness in Camick’s criminal case.