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9 April 2014
Canal Fulton Man Faces Heroin, Cocaine and Firearms ChargesRead the Press Release
A federal grand jury returned a two-count indictment charging Myron A. Nash, age 39, of Canal Fulton, Ohio, with possession with intent to distribute cocaine and heroin, and being a felon in possession of a firearm and ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on January 31, 2014, Nash possessed less than 500 grams of cocaine and less than five grams of heroin.
The indictment further alleges that Nash possessed a Kel Tec 9mm handgun, as well as ammunition, having been previously convicted of crimes punishable by imprisonment for terms exceeding one year.
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 records, 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.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Samuel A. Yannucci.
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.
California-Based Masonry Companies Pay Nearly $1.9 Million to Settle Claims of Misrepresenting Disadvantaged Small Business Status in Connection with Military ContractsRead the Press Release
Five California-based masonry subcontractors and two individuals paid the government nearly $1.9 million to resolve allegations that they violated the False Claims Act by misrepresenting their disadvantaged small business status in connection with military construction contracts, the Department of Justice announced today. The defendants are Frazier Masonry Corp., F-Y Inc., CTI Concrete & Masonry Inc., Masonry Technology Inc., Masonry Works Inc., Russell Frazier and Robert Yowell.
“This settlement demonstrates our continuing vigilance to ensure that those doing business with the military do so legally and honestly and that taxpayer funds are not misused,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “Among the rules that military contractors and subcontractors must follow are those relating to the use and hiring of small businesses.”
The case involved contracts to construct facilities at Marine Corps bases at Camp Lejeune, N.C., and Camp Pendleton, Calif. Under the rules of the Small Business Administration, the contracts required that a certain percentage of the work be performed by disadvantaged small businesses. This contract requirement was intended to benefit small firms owned by women, minorities and other disadvantaged groups.
The government alleged that the defendant masonry subcontractors and their principals misrepresented to the prime contractors that they were small businesses, and that these misrepresentations caused the prime contractors to falsely certify that they had complied with the small business provisions of the contracts in claiming payment. Russell Frazier previously pleaded guilty in related criminal proceedings to causing false statements.
“This settlement demonstrates our commitment to protect taxpayer money and the integrity of the system set up to build military bases for our nation’s military personnel,” said U.S. Attorney for the Eastern District of North Carolina Thomas G. Walker.
“DCIS continues our aggressive investigative efforts, in partnership with other agencies, to ensure the integrity of all defense programs, to include military construction contracts, which ultimately benefit our dedicated Warfighters,” said John Khin, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service.The settlement resolves allegations filed in two lawsuits by Rickey Howard, a former employee of Frazier Masonry Corp., in federal court in Raleigh, N.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The act also allows the government to intervene and take over the action, as it did in this case. Howard will receive $393,383.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the U.S. Attorney’s Office for the Eastern District of North Carolina, the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, the Navy’s Acquisition Integrity Office, the Naval Facilities Engineering Command (NAVFAC) and the Small Business Administration’s Office of Inspector General and Office of General Counsel.
The cases are captioned United States ex rel. Howard v. Harper Construction Co., et al., Case No. 7:12-CV-215-D (E.D.N.C.) and United States ex rel. Howard v. RQ Construction LLC, et al., Case No. 7:13-CV-48-D (E.D.N.C.). The claims resolved by the settlement are allegations only; there has been no determination of liability.California Man Sentenced to 20 Years in Federal Prison for Methamphetamine Drug ConspiracyRead the Press Release
TULSA, Okla. — Jesus Uzziel Rodriguez, 31, of Hayward, California, was sentenced Tuesday by U.S. District Judge John E. Dowdell to 20 years in federal prison for drug conspiracy and possessing 500 grams or more of methamphetamine with intent to distribute, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. A federal jury convicted Rodriguez after a five-day trial.
The charges stemmed from an investigation by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD).
According to court documents, from May to July 2013, Rodriguez, Vincente Chipres Valencia, 34, of East Palo Alto, California, and Francisco Reyes-Sanchez, 34, of Mounds, Oklahoma, arranged for a dealer in California to provide methamphetamine to be sold in Tulsa. The defendants conspired to distribute approximately four (4) pounds of methamphetamine at a value of approximately $50,000. On July 11, 2013, Rodriguez, Valencia, and Reyes-Sanchez did in fact deliver approximately four (4) pounds of methamphetamine during an OBNDD sting operation.
Rodriguez was charged by a federal grand jury on August 7, 2013. Valencia pleaded guilty to the same charges on October 31, 2013, and Reyes-Sanchez pleaded guilty to the charges on November 6, 2013.
The case was prosecuted by Assistant United States Attorney Robert T. Raley.
California Man Charged with Child Exploitation, Traveling to Ohio to Have Sex with A MinorRead the Press Release
Edwin Franco Rolffo-Zavala, 24, of Novato, California, was charged with sexual exploitation of a child, transporting visual depictions of minors engaged in sexually explicit conduct, and travel with intent to engage in illicit sexual conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about May 13, 2013, through on or about January 13, 2014, Rolffo-Zavala, used, persuaded, induced, enticed and coerced a minor, that is, a 13 year-old girl to engage in sexually explicit conduct, for the purpose of transmitting a live visual depiction of such conduct, and knowing and having reason to know that such visual depiction would be transmitted, using any means or facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce.
The indictment also charges that from on or about January 1, 2011, through on or about January 13, 2014, Rolffo-Zavala knowingly transported, using any means of interstate and foreign commerce and in and affecting interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that on or about January 16, 2014, Rolffo-Zavala knowingly traveled in interstate commerce, from the State of California to the State of Ohio, for the purpose of engaging in illicit sexual conduct with a 14-year-old girl.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Akron Office of the Federal Bureau of Investigation and the Medina City Police Department.
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.
Brooklyn Woman Pleads Guilty to Identity TheftRead the Press Release
ALBANY, NEW YORK – JAMESE L. WILLIAMS, 29, of Brooklyn, pled guilty today before United States District Judge Mae A. D’Agostino to conspiracy to commit access device fraud, access device fraud, and aggravated identity theft, announced United States Attorney Richard S. Hartunian and the United States Secret Service. WILLIAMS is scheduled to be sentenced on August 6, 2014, in Albany, New York. She faces a two-year mandatory minimum on the aggravated identity theft charge, up to ten years of prison on the access device fraud charge and up to five years of prison on the conspiracy charge. She also faces a fine of up to $250,000 on each charge.
In the plea agreement, WILLIAMS admitted that, from October 2012 through January 2013, she and her co-conspirators used hundreds of counterfeit credit cards bearing stolen account numbers to purchase gift cards at Price Chopper grocery stores throughout New York, Massachusetts, New Hampshire, and Connecticut. WILLIAMS admitted that she should be held accountable for transactions of $548,381.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Brian Campbell Sentenced for Money LaunderingRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Brian Campbell, 74, of Rochester, N.Y., who was convicted of conspiring to launder money, was sentenced to one year of home confinement and five years probation by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant worked for Kenneth Griffin, a co-defendant who was convicted in May 2013, at an employment staffing business that was used to commit fraud. The fraud involved creating false invoices and other supporting documents that the defendant then sold to a series of financing companies on a weekly basis for immediate cash. When a financing company realized that it had been sold uncollectible invoices and stopped dealing with Griffin's business, the defendant would change business names and continue the scheme with another financing company.
Griffin and others involved in the conspiracy sought to conceal their ill-gotten gains, which totaled approximately $567,000, by laundering the proceeds of the fraud using anonymous debit cards. These cards were provided to lower-level employees, who were directed to go to ATMs in the Rochester area to withdraw cash and return with the money, which was shared among the co-conspirators. Kenneth Griffin was sentenced to 46 months in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, and the Federal Bureau of Investigation.Bonners Ferry Men Indicted for Violent ATM Theft in McCall and ATM Thefts in Boise, Meridian, Utah, Colorado, and WyomingRead the Press Release
BOISE — Nathan Paul Davenport, 34, and Matthew Taber Annable, 39, both formerly of Bonners Ferry, Idaho, were indicted today by a federal grand jury in Boise for multiple bank larcenies, conspiracy, and use of a deadly weapon during a felony offense, U.S. Attorney Wendy J. Olson announced.
The indictment, which supersedes an earlier indictment filed only against Davenport, charges that on January 10, 2014, Davenport and Annable, aiding and abetting each other, broke into and stole cash from an automated teller machine (ATM) located at the Idaho First Bank in McCall, Idaho. The indictment alleges that they possessed, carried, used, and discharged a firearm, specifically a Ruger semiautomatic rifle, in connection with the offense. The rifle was used to shoot at pursuing police officers. The indictment additionally charges both men with individual ATM larcenies committed against Idaho Banking Company in Boise and Meridian on January 5, 2014. The indictment also alleges conspiracy to commit a string of ATM larcenies in December, 2013 and January, 2014, which occurred in Wyoming; Colorado; Utah; Boise and Meridian, Idaho; and finally cumulated with the ATM theft in McCall, Idaho. Forfeiture allegations are also filed for the purpose of forfeiting firearms connected with the crimes and proceeds of the crimes.
“The theft of the McCall ATM and subsequent shootout with local law enforcement officers were violent and dangerous acts,” said Olson. “Where firearms are used to facilitate crimes such as this one and the associated conspiracy, Idaho law enforcement’s strong partnerships and ability to work with agencies in other states allow us to move quickly and 2 decisively. The investigation has been detailed and thorough to allow us to bring these additional charges.”
“The FBI appreciates the outstanding cooperation and professionalism of the Boise Police Department, Ada County Sheriff’s Office, McCall Police Department, Valley County Sheriff’s Office, Idaho State Police, United States Attorney’s Office, and many other law enforcement agencies in Idaho, Utah, Texas, and Wyoming,” said Mary Rook, FBI Special Agent in Charge for Utah, Idaho and Montana. “The joint efforts of these agencies were instrumental in resolving this case and ending a trail of ATM burglaries throughout the west. This case is an excellent example of what can be accomplished through cooperative law enforcement action.”
Davenport and Annable were arrested without incident on January 12, 2014, in Orem, Utah, in connection with a separate ATM robbery in Wyoming. The two men are currently in federal custody in Wyoming.
The charge of bank larceny by use of a dangerous weapon as charged in the Idaho indictment is punishable by up to 25 years in prison, a maximum fine of $250,000, and up to five years of supervised release. The charge of use of a deadly weapon during the commission of a felony offense is punishable by a mandatory minimum of ten years up to life imprisonment, a maximum fine of $250,000, and up to five years supervised release. The charge of bank larceny is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of conspiracy to commit bank larceny is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
The case is being investigated by the Federal Bureau of Investigation, the Idaho State Police, the Valley County Sheriff’s Office, and the McCall Police Department.
Indictments and complaints are a means of charging a person with criminal activity. They are not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Blackfoot Man Sentenced for Drug DistributionRead the Press Release
POCATELLO – Eldon K. McConnell, 49, of Blackfoot, Idaho, was sentenced today to sixteen months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Robert J. Bryan also ordered McConnell to serve three years of supervised release following his release from prison. McConnell pleaded guilty to the charge on January 16, 2014.
According to the plea agreement, on November 30, 2011, the defendant was contacted by law enforcement officers at the Ramada Inn, Chubbuck, Idaho. The defendant had, in the hotel room, approximately 3.7 grams of methamphetamine. The defendant possessed the methamphetamine intending to distribute it to another person, and admitted to such in a subsequent interview with officers.
The case was investigated by Idaho State Police, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Chubbuck Police Department.
Bismarck Man Convicted of Child Pornography ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on April 9, 2014, Garron Gonzalez, 38, Bismarck, N.D., was found guilty by a federal jury in U.S. District Court on a charge of attempted sexual exploitation of minors.
Gonzalez attempted to persuade a 15-year-old person to send him sexually explicit visual depictions using a cell phone. The two had met while playing an online video game.
The charge of attempted sexual exploitation of minors carries a mandatory minimum sentence of 25 years in federal prison up to 50 years in federal prison and a $250,000 fine.
The case was investigated by Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, the North Dakota State Parole & Probation Office, with the assistance of the Morton County State’s Attorney’s Office.
Sentencing for Gonzalez will be scheduled in three to four months in U.S. District Court in Bismarck, N.D.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Belle Fourche Man Indicted for Failing to Update Sexual Offender RegistrationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
John Lee McCleerey, age 61, was indicted on November 19, 2008. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 4, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between July and November 2008, McCleerey failed to update his sexual offender registration as required.
The charge is merely an accusation and McCleerey is presumed innocent until and unless proven guilty.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McCleerey was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Beaver Falls Man Sentenced to 10 Years in Prison for Possessing, Distributing Child PornographyRead the Press Release
PITTSBURGH - A Beaver Falls resident has been sentenced in federal court to 124 months imprisonment, to be followed by a lifetime of supervised release on his conviction of possession and distribution of child pornography, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Darren Johnson, 44.
According to information presented to the court, on or about March 22, 2013, and March 28, 2013, Darren Johnson, knowingly distributed visual depictions of a minor, using any means and facility of interstate and foreign commerce, including by computer, and the production of such visual depictions involved the use of a minor engaging in sexually explicit conduct, and the visual depictions depicts such conduct; and on April 26, 2013, Johnson knowingly possessed visual depictions, namely, visual images in individuals computer files, the production of which involved the use of minors engaging in sexually explicit conduct. Johnson possessed approximately 300,000 images of child pornography.
Assistant United States Attorney Amy L. Johnston prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Pennsylvania Office of Attorney General and the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Johnson.
Baltimore Man Pleads Guilty to Identity Theft SchemeRead the Press Release
Used Stolen Identity Information to Purchase Motorcycles and Other Goods
With Losses to the Victims of at Least $120,000Baltimore, Maryland – Tavares Davon Miller, a/k/a “Tavon Jackson,” “Tavon Miller,” and “Ooh,” age 30, of Baltimore, Maryland pleaded guilty today to conspiracy to commit wire fraud and aggravated identity theft, in connection with a scheme to use the personal identifying information of others to purchase motorcycles, electronic equipment, jewelry and other goods.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Brian Murphy of the United States Secret Service - Baltimore Field Office; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Anne Arundel County Police Chief Kevin Davis; Charles County Sheriff Rex Coffey; Howard County Police Chief William McMahon; Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Michael Phillips of the Fruitland Police Department.
According to his plea agreement, from September 25 through November 1, 2012, Miller acquired the identifying information of more than 10 victims, and used that information to fabricate driver’s licenses and credit cards in the names of those victims, but using the photograph of a co-conspirator (where applicable). Miller and the co-conspirator traveled to motorcycle dealerships and retail stores in Maryland, Delaware, Virginia and Pennsylvania, and used the fraudulent identification documents to purchase merchandise, including electronic equipment, jewelry and clothing, or apply for lines of credit at those stores. Miller and the co-conspirator then loaded the motorcycles and merchandise into their vehicle and returned to Maryland. Miller advertised the motorcycles and merchandise for sale over the internet, retaining the proceeds of the sales and paid the co-conspirator a fee for her services.As part of his plea agreement, Miller will be required to pay restitution in the full amount of the victims’ losses, which is at least $120,000.
Miller faces a maximum sentence of 20 years in prison for the wire fraud conspiracy and two years in prison, consecutive to any other sentence, for aggravated identity theft. U.S. District Judge Ellen L. Hollander scheduled sentencing for June 27, 2014 at 12:00 p.m.
United States Attorney Rod J. Rosenstein praised the U.S. Secret Service, Maryland State Police, the Anne Arundel, Howard and Montgomery County Police Departments, Charles County Sheriff’s Office and Fruitland Police Department for their work in the investigation. Mr. Rosenstein also recognized the following agencies for their assistance in the investigation: the Delaware State Police; Leesburg (Virginia) Police Department and Stafford County (Virginia) Sheriff’s Department; and the Lancaster (Pennsylvania) Police Department and Springettsbury Township (Pennsylvania) Police Department. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.Avon Man Charged with Bank Robberies and Calling in Bomb Threat to High SchoolRead the Press Release
A federal grand jury returned a three-count indictment charging Brett L. Benson, 40, of Avon, Ohio, with two counts of bank robbery and one count of making a bomb threat, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Benson robbed two banks in Elyria, Ohio: Talmer Bank & Trust on March 19, 2014 and Dollar Bank on March 24, 2014.
The indictment further alleges that Benson called in a bomb threat to the Elyria High School on the same date as the second bank robbery.
Assistant United States Attorneys Matthew B. Kall and Matthew J. Cronin are prosecuting the case following an investigation by the Federal Bureau of Investigation, the Elyria Police Department and other local law enforcement agencies.
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.
Albany Man Arrested for Impersonating Federal OfficerRead the Press Release
ALBANY, NEW YORK – SAMUEL DAVID KRAMER, 53, of Albany, New York was arrested today and charged with impersonating a Deputy United States Marshal announced United States Attorney Richard S. Hartunian, Ron Gardella, Special Agent-in-Charge, United States Department of Justice Office of the Inspector General, New York Field Office, and Major Steven James, Troop G Commander, New York State Police. Following an initial appearance before United States Magistrate Judge Randolph F. Treece, Kramer was released. If convicted, Kramer faces up to 3 years in prison.
The investigation is being conducted by agents with the Department of Justice Office of the Inspector General and the New York State Police. Anyone with information relevant to this investigation is asked to contact the New York State Police, Troop G Headquarters at (518) 783- 3211.
The charges are merely accusations, and the defendant is presumed innocent until and unless proven guilty.
Airplane Repair Business Owner Convicted in Scheme to Falsify InspectionsRead the Press Release
PHILADELPHIA – A federal jury, today, found Jay Stout, 55, formerly of Elizabethtown, PA, and his company, Flying Tigers, Inc., guilty of conspiracy, fraud involving aircraft parts, mail fraud, and obstruction of justice. A sentencing hearing has not yet been scheduled. Stout was president of Flying Tigers, a former airplane mechanical repair business located in Marietta, PA. He was indicted with his son Joel, 33, also of Elizabethtown. Joel Stout previously pleaded guilty and will be sentenced May 6, 2014.
Between October 2003 and January 2010, Stout conspired with his son and others to commit fraud in aircraft parts, mail fraud, and wire fraud, by charging customers for the annual inspections of their aircraft, despite the absence of a certified mechanic with inspection authority, a certification given by the FAA. In order to conceal the absence of an authorized certification, Stout and Flying Tigers prepared fraudulent certifications of annual inspections for the airplane and engine log books or, on other occasions, failed to create the necessary certification at all. Some customers who brought their airplanes into Flying Tigers for annual inspections were charged for the inspection, but Flying Tigers never provided a signed certification in the airplane or engine log books recording the annual inspection. By this method, the absence of the valid signature of a certified mechanic was not evident to the Flying Tigers customers. Other annual inspections were certified in the log books by Jay Stout, even though Jay Stout was no longer authorized to certify annual inspections. In other annual inspections, the signatures of certified mechanics with inspection authority were forged in the log books. Such was the case with one former Flying Tigers employee who left Flying Tigers in late 2006/early 2007, but whose forged or fraudulent signatures appear on certified annual inspections, both before the period that the former employee had his certification, and through October 2007, long after he stopped working for Flying Tigers. In addition, the fraudulent signature of Gilbert Stout, Jay Stout’s father, appeared on annual inspections many years after Gilbert Stout stopped working on aircraft, and the forged and fraudulent signature of Joel Stout, a Flying Tiger, Inc. employee and Jay Stout’s son, appeared on annual inspections that Joel Stout did not perform. Many airframe and engine log books, containing these and other entries, were shown to the jury during the trial.
When Jay Stout learned, in late 2007, that federal authorities were investigating the log book entries of Flying Tigers customers, Jay Stout intentionally altered log books in an effort to further conceal his fraud. He faces a statutory maximum sentence of 90 years in prison, possible restitution to his victims, and three years of supervised release.
The case was investigated by the United States Department of Transportation Office of Inspector General and is being prosecuted by Assistant United States Attorney Arlene Fisk.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-85252014 National Crime Victims' Rights WeekRead the Press Release
KANSAS CITY, Mo. – Gene Porter, Deputy United States Attorney for the Western District of Missouri, presented the Crystal Kipper & Ali Kemp Memorial Award today to Kansas City Police Detective Maggie McGuire for her work on behalf of protecting children, most notably her investigation of convicted Roman Catholic priest Shawn Ratigan and Bishop Robert Finn.
Today’s award ceremony was part of an annual event hosted by the U.S. Attorney’s Office and VictimNet, a coalition of victim service providers and others committed to meeting the needs of crime victims in Jackson County, in conjunction with the observance of National Crime Victims’ Rights Week. This year’s theme, “30 Years: Restoring the Balance of Justice,” honors the extraordinary achievements we have made on behalf of crime victims since the passage of the Victims of Crime Act in 1984.
Porter presented the Crystal Kipper & Ali Kemp Memorial Award to McGuire in place of U.S. Attorney Tammy Dickinson, who is out of the country. McGuire is a long-time detective with the Kansas City, Mo., Police Department and a former task force officer on the FBI Cyber Crimes Task Force.
Porter praised McGuire’s “untiring and relentless work” in the investigation of Ratigan and Finn.
Ratigan was sentenced to 50 years in federal prison without parole after pleading guilty to four counts of producing child pornography and one count of attempting to produce child pornography over a period of nearly six years. Each of those five counts involved the sexual exploitation of a separate child victim, ranging in age from two years old to 12 years old at the time of the offenses.
Finn was found guilty in state court of failing to inform police about the child pornography found on Ratigan's computer and sentenced to two years of probation. Finn is the first U.S. bishop to be criminally charged for his role as a supervisor of priests. The case is also the first criminal case against a sitting bishop in the child sex abuse scandal in the Catholic Church.
“But for (McGuire’s) work,” Porter said, “multiple victims might not have been identified, a predatory priest might not have been removed and sentenced to the functional equivalent of life in prison, and Robert Finn never would have become the first cleric of his rank in the United States to plead guilty and sustain a criminal conviction for failure to report suspected child abuse.”
McGuire overcame significant obstacles to investigate a unique case, said Porter. “When it becomes clear at the outset of the investigation that the entire hierarchy of a centuries-old religious denomination does not seem willing to recognize that the children depicted in the images are, in fact, victims of child exploitation, nor seem very willing to help establish the identity of the children depicted, and instead are spending millions of dollars on legal counsel in an ill-advised effort to avoid having the priest and bishop accept legal responsibility for their crimes, then you know, as an investigator, that your work is cut out for you.”
Porter noted that McGuire has investigated numerous child exploitation cases that have been successfully prosecuted by the U.S. Attorney’s Office. “She has insured that many dangerous sexual predators were taken off the streets for as long as possible,” Porter said.
“No one could have been better prepared to work on the cases against Father Shawn Ratigan and Bishop Robert Finn,” Porter said of McGuire. “From the very first day, years ago, that she was assigned to work on child exploitation cases, this detective was a pit bull in tracking down and catching child predators. Her dedication and persistence over the years identified and ultimately protected countless child victims in the Western District of Missouri who were portrayed in child pornography images that had been distributed all over the world.”
McGuire’s work on the Ratigan and Finn cases, Porter said, will continue to have a significant impact beyond the courtroom.
“The impetus for the additional programs and victims’ advocates put into place in the Diocese as a result of the Ratigan/Finn debacle, and the additional education of the community on the dangers of child exploitation — especially from the production of child pornography — all owe their origin to this detective’s work, and stand as a more positive legacy and a promise that children in our District will be protected for years to come.
The Crystal Kipper & Ali Kemp Memorial Award is presented by the U.S. Attorney’s Office each year during the local observance of National Crime Victims’ Rights Week to recognize the outstanding work of an individual or organization in protecting children from exploitation. The award was presented to McGuire in memory of Crystal Kipper and Ali Kemp, two young women who were both fatal victims of tragic crimes. Anna Rhea, Crystal Kipper’s mother, and Roger Kemp, Ali Kemp’s father, participated in today’s presentation.
Today’s event at the Jackson County Courthouse also featured comments from Jackson County Prosecutor Jean Peters Baker and other victim advocates. The event showcased various local victim service providers and a victims’ memorial walk led by the Kansas City Mounted Patrol.
The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The U.S. Attorney’s Office has a dedicated Victim/Witness Unit that serves federal crime victims across the district’s 66 counties. Members of this unit notify victims of significant case events through the Department of Justice’s Victim Notification System (VNS). Such notice enables victims to participate in court proceedings and make their voices heard. Victim/Witness personnel accompany victims to court hearings and trials to ensure that victim participation in court proceedings is meaningful and to answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the U.S. Attorney’s Office Victim/Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
The Crystal Kipper & Ali Kemp Memorial Award
Crystal Kipper was an 18-year-old Gladstone, Mo., resident who was murdered after her car broke down on Interstate 29, just north of Platte City, on Feb. 24, 1997. Ali Kemp was a 19-year-old Blue Valley North High School graduate who was murdered on June 18, 2002, while she worked at the Foxborough neighborhood swimming pool in Leawood, Kan.
8 April 2014
Worcester Tax Preparer Charged with Falsifying ReturnsRead the Press Release
BOSTON – A Worcester tax return preparer was charged yesterday with preparing false tax returns.
Nydia Elicier, 55, was indicted on seven counts of aiding and assisting in the preparation of false tax returns. The indictment alleges that Elicier prepared individual federal tax returns for clients at Cox Elicier Tax, a Worcester business that she operated with her daughter, Jenniffer Cox Elicier. The allegations are that Nydia Elicier inserted false information into her clients’ Form 1040 returns, including false adjustments and Schedule A deductions such as medical and dental expenses, gifts to charity, educator expenses, and other unreimbursed employee expenses. In so doing, Elicier generated illegal refunds for her clients. In January 2014, Jenniffer Cox Elicier pleaded guilty to the offense.
If convicted, Elicier faces a statutory maximum penalty of three years in prison, one year of supervised release and a $100,000 fine.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. The case is being prosecuted by Lori J. Holik, Chief of Ortiz’s Major Crimes Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney and SEC Act Cooperatively to Shut Down Alleged Investment FraudRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the arrest of Joseph Signore, 49, of Palm Beach Gardens, and Paul Lewis Schumack, II, 56, of Coconut Creek, in connection with an alleged $70,000,000 investment fraud concerning the sales and marketing of a “Virtual Concierge” machine by a Jupiter-based company, JCS Enterprises, Inc., and T.B.T.I., Inc. formerly of Highland Beach. The Securities and Exchange Commission (SEC) sought and obtained a temporary restraining order freezing the accounts and assets of the companies in a separately-filed civil action.
According to the criminal complaint, Signore and Schumack allegedly collected approximately $70,000,000 from investors nationwide with the representation that for an approximate investment of $3,500 the investor would be guaranteed a monthly payment of $300 for three years, and their payments would be based on advertising revenue earned from ads sold on “Virtual Concierge” machines (VCMs). The criminal complaint alleges that detailed financial analysis revealed that little advertising revenue was actually received by JCS Enterprises, and that in fact old investors were paid with new investors’ money which is the hallmark of a Ponzi scheme. The criminal complaint alleged that TBTI served as the sales arm for JCS Enterprises.
Signore and Schumack each have been charged with conspiracy to commit mail and wire fraud, five counts of mail fraud each, and six counts of wire fraud. Each of those counts carries a maximum period of twenty years in prison, three years of supervised release, a fine of up to $250,000 and mandatory restitution.
Mr. Ferrer commended the investigative efforts of the FBI. The case is being prosecuted by Assistant U.S. Attorneys Stephen Carlton and Ellen Cohen.
A criminal complaint is only an accusation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
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.
U.S. Attorney, Along with Florida Attorney General Pam Bondi, Hosts Forum on Human Trafficking and Domestic Sex TraffickingRead the Press Release
*******MEDIA ADVISORY*******
WHO:
A. Lee Bentley, III, United States Attorney for the Middle District of Florida
Florida Attorney General Pam Bondi
Law Enforcement Personnel
Victim Services Providers
WHAT:
Public Safety Forum
In recognition of National Crime Victims’ Rights Week, the U.S. Attorney’s Office, along with members of the public safety and victims’ services community, will present an overview of human trafficking and domestic sex trafficking.WHEN:
Thuraday, April 10, 2014,
8:30 A.M. – 12:30 P.M. (EST)
WHERE:
Keiser University
5002 W. Waters Avenue
(Auditorium)
Tampa, FL 33634OPEN PRESS [DESIGNATED AREA]
(Reserved Parking for Media Vehicles in rear of main building)
NOTE: All media must present government-issued photo I.D. (such as a driver’s license).
Media may begin arriving at 7:30 A.M. EST.(Download Flyer and Agenda )
Two Individuals Indicted in April Federal Grand JuryRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office announced today the results of the April 2014 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
JEREMY DALE JONES, age 40, of Stilwell, OK
Kidnapping in Indian Country
Brandishing a Firearm During and in Relation to a Crime of ViolenceThe Indictment alleges that on or about March 20, 2014, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did unlawfully, willfully and knowingly kidnap and confine B.D. and did unlawfully, willfully and knowingly brandish, carry and use a firearm, that is, two handguns and one rifle, during and in relation to a crime of violence for which he can be prosecuted in a court of the United States, that is, Kidnapping in Indian Country as alleged in Count One.
The charges arose from an investigation by the Cherokee Nation Marshal Service, the Adair County Sheriff’s Department and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Sections 1153 and 1201(a)(2), punishable by up to life imprisonment and/or up to a $250,000.00 fine and Title 18, United States Code, Sections 924(c)(1)(A) and 924(c)(1)(A)(ii), punishable by not less than 7 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Dean Burris
JON PAUL SHROPSHIRE, age 54, of Eufaula, OK
Drug Conspiracy
The Indictment alleges that from in or about September 2011 until on or about September 26, 2012, in the Eastern District of Oklahoma and elsewhere, the defendant did willfully and knowingly combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge arose from an investigation by the Oklahoma Bureau of Narcotics, the McIntosh County Sheriff’s Office, District 25 District Attorney’s Drug Task Force, Eufaula Police Department, the Mesquite Police Department in Texas and the United States Marshal Service. The charge is in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 5 years imprisonment and/or up to a $10,000,000.00 fine.
Assistant United States Attorney Shannon Henson
Two Executives Sentenced for Convictions in SK Foods InvestigationRead the Press Release
SACRAMENTO, Calif. — United States District Judge Lawrence K. Karlton sentenced two defendants charged in the SK Foods investigation, United States Attorney Benjamin B. Wagner announced. Former food broker Randall Rahal, 65, of Nantucket, Mass., was sentenced today to three years in prison. Former president of SK Foods, Alan Huey, 57, of Pebble Beach, Calif., was sentenced to three years’ probation with a special condition of 60‑days intermittent confinement.
According to court documents, Rahal paid bribes on behalf of SK Foods to the purchasing officers of customers of SK Foods. He had been the subject of multiple wiretaps in 2007 and 2008. Huey had been a member of the SK Foods senior management team and admitted to directing others to falsely label food product.
In sentencing the two defendants, Judge Karlton remarked that their crimes had been very serious and called for substantial prison sentences. Because Huey’s wife has serious health problems and is entirely dependent on him for care, Judge Karlton sentenced Huey to probation.
These cases were the product of an investigation by the FBI, IRS-Criminal Investigation, FDA Office of Criminal Investigations, and the Antitrust Division of the U.S. Department of Justice. Assistant United States Attorneys Matthew D. Segal and Jared C. Dolan and Antitrust Division Trial Attorneys Anna T. Pletcher and Tai Milder prosecuted the cases.
Tulalip Tribal Member Pleads Guilty to Second Degree Murder in Death of ToddlerRead the Press Release
An enrolled member of the Tulalip Tribes pleaded guilty today in U.S. District Court in Seattle to second degree murder and criminal mistreatment in the death of one daughter and the neglect of the second, announced U.S. Attorney Jenny A. Durkan. CHRISTINA D. CARLSON, 38, was indicted by the grand jury last May following the October, 2012 death of her 19-month-old daughter and the neglect of her 33-month-old daughter. Under the terms of the plea agreement, both the prosecution and defense will recommend a prison sentence of eight to thirteen years. However, U.S. District Judge James L. Robart is not bound by that recommendation and can impose any sentence up to the maximum life sentence allowed by law. Sentencing is scheduled for July 21, 2014.
CARLSON has been in federal custody at the Federal Detention Center at SeaTac, Washington, since January 11, 2013. The criminal complaint and plea agreement describe how on October 8, 2012, emergency crews were called to an address on Marine Drive NE on the Tulalip Tribal Reservation where CARLSON was performing CPR on her 19-month-old daughter who was unresponsive on a blanket on the ground. The child was unconscious, not breathing and covered in urine and feces. A second child, a 33-month old girl, was found strapped in her car seat in a nearby vehicle. The child was pale, unresponsive and covered in urine and feces. The girl was transported to the hospital and later recovered. The 19-month old child died and the Snohomish County Medical examiner classified the manner of death as homicide by parental neglect. According to the report the child was malnourished and dehydrated, weighing only 19 pounds. The child’s skin in the diaper area was excoriated and infested with maggots. Her hair was infested with lice.
The investigation revealed that CARLSON had been living in the car with the girls on the property since mid-September. On October 8, 2012 CARLSON had left the girls in the car while she went to use a phone at the residence on the property. CARLSON admits in her plea agreement that she was away from the car for several hours, attempting to obtain drugs for her personal use. About 20 minutes after the neighbors told her to go back to the car and her children, CARLSON returned asking them to call 9-1-1 because the youngest child was unresponsive.
The case was investigated by the Tulalip Tribal Police and the FBI. The case is being prosecuted by Assistant United States Attorney J. Tate London.
Third Defendant Pleads Guilty in Bribery Scheme Related to Projects at Spotlight 29 Casino Operated by Coachella Valley Indian TribeRead the Press Release
LOS ANGELES – A Central California man who was hired to advise the Twenty-Nine Palms Band of Mission Indians has become the third person to plead guilty to participating in a kickback scheme that defrauded the Coachella Valley tribe.
David Alan Heslop, 76, of Templeton, who was hired by the tribe to oversee some tribal business, pleaded guilty yesterday to conspiracy to commit bribery. Heslop admitted that he paid hundreds of thousands of dollars to bribe Gary Edward Kovall, an attorney acting as general counsel for the tribe.
Kovall, 67, of Ely, Minnesota, pleaded guilty last month to conspiracy to commit bribery.
A third defendant in the case – Paul Phillip Bardos, 58, a general contractor from Rancho Cucamonga – pleaded guilty last month to tax evasion.
As outlined in a 20-page factual basis filed in relation to Heslop’s plea agreement, Kovall and Heslop formed companies, and Kovall convinced the tribe to award construction and consulting work to those companies. To disguise Kovall’s interest in those companies, Heslop paid Kovall’s share to Peggy Anne Shambaugh, who at the time was Kovall’s girlfriend (and is now his wife). Over of period of about 18 months that ended in mid-2008, the tribe paid these companies approximately $2.8 million. Heslop, in turn, paid Shambaugh approximately $300,000 to influence and reward Kovall.
Bardos performed and subcontracted much of the work awarded by the tribe. He admitted to depositing income he earned into his personal checking account, concealing this money from his accountant, and not reporting it on his tax returns.
Heslop is scheduled to be sentenced on June 30 by United States District Judge Michael W. Fitzgerald. At sentencing, Heslop faces up to five years in federal prison.
Kovall and Bardos both are scheduled to be sentenced by Judge Fitzgerald on September 29, at which time each defendant faces up to five years in prison.
Shambaugh, who was also indicted in this case, is being evaluated for pretrial diversion. If found suitable for the diversion program, Shambaugh will be supervised by a court officer for a specific period of time. If she complies with the program, the charges against her will be dismissed.
This case was investigated by IRS - Criminal Investigation and the Federal Bureau of Investigation.
Release No. 14-041
The United States Attorney’s Office for the Eastern District of Louisiana Celebrates 30th Anniversary of Victims of Crime Act -- National Crime Victims’ Rights Week Celebrates Progress, Works Toward Future GoalsRead the Press Release
United States Attorney Kenneth Allen Polite, Jr. announces that, in celebration of National Crime Victims’ Rights Week, an information fair will be held at Lakeside Shopping Mall on April 12, 2014 from 10:00 a.m. to 1:00 p.m. Federal and local agencies participating in the fair are the United States Attorney’s Office for the Eastern District of Louisiana, the Federal Bureau of Investigation, the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Homeland Security, the Jefferson Parish District Attorney’s Office and the Orleans Parish Sheriff’s Office.
The United States Attorney’s Office will also have an information tent at the Young Leadership Council’s Wednesday at the Square on April 9, 2014.
There is no charge to attend these events. Members of the public are encouraged to stop by these events to learn more about crime victims’ rights.
National Crime Victims’ Rights Week runs from April 6-12, 2014 and celebrates the thirtieth anniversary of the passage of the Victim of Crime Act. This year’s theme – 30 Years: Restoring the Balance of Justice – celebrates the accomplishments made and presents the opportunity to reinforce the nation’s long-term commitment to aiding crime victims. Only 30 years ago, crime victims had virtually no rights and no assistance. The criminal justice system often seemed indifferent to their needs. Victims were commonly excluded from courtrooms and denied the chance to speak at sentencing. They had no access to victim compensation or services to help rebuild their lives. There were few avenues to deal with their emotional and physical wounds. Victims were on their own to recover their health, security, and dignity. Today, the nation has made dramatic progress in securing rights, protections, and services for victims. Every state has enacted victims’ rights laws and all have victim compensation programs. More than 10,000 victim service agencies now help people throughout the country. In 1984, Congress passed the bipartisan Victims of Crime Act (VOCA), which created a national fund to ease victims’ suffering. Financed not by taxpayers but by fines and penalties paid by offenders, the Crime Victims Fund supports victim services, such as rape crisis and domestic violence programs and victim compensation programs that pay many of victims’ out- of-pocket expenses from the crime, such as counseling, funeral expenses, and lost wages.
Victims’ rights advocates have scored remarkable victories over the last 30 years. But there is still a lot of work to be done. As we move forward, we are increasingly expanding our reach to previously underserved victim populations, including victims of color, American Indians and Alaska Natives, adults molested as children, victims of elder abuse, and LGBTQ victims. Over three decades, VOCA pioneered support efforts for victims of once-hidden crimes, like domestic and sexual violence. Today, we are shining a spotlight on other abuses that have long been unreported and often not prosecuted—hate and bias crimes, bullying, and sex and labor trafficking, among others.
“Our commitment to reaching every victim of crime is stronger than ever,” said Joye E. Frost, Director, Office for Victims of Crime (OVC), U.S. Department of Justice. “For 30 years, VOCA has represented hope, healing, and justice. Our message to all victims of crime is this: You are not alone.”
Ten Individuals Indicted for Medicare Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Brian P. Martens, Acting Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced that nine residents of Miami-Dade County and a resident of Hillsborough County have been indicted for their alleged participation in a $12.5 million Medicare fraud scheme.
On March 20, 2014, a federal grand jury in Miami returned a 59-count indictment charging Vicente Diaz, 39, Daniel Ocampo, 35, Elsa Capo, 71, Santiago Sepulveda, 79, Marta Curbeco, 67, Margarita Rodriguez, 72, Francisco Maysonet, 67, Pedro Peralta, 69, Amira Galan, 79, and Ana Rosa Santana, 77, for allegedly participating in a scheme to defraud Medicare by submitting false and fraudulent claims, and the payment and receipt of kickbacks in connection with a federal health care program, from approximately November 2011 to October 2013.
All ten defendants are charged with conspiracy to commit health care fraud and wire fraud, and conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program. Diaz is additionally charged with nine counts of health care fraud, and nineteen counts of paying kickbacks and bribes in connection with a federal health care program. Ocampo is additionally charged with nine counts of health care fraud, and thirteen counts of paying kickbacks and bribes in connection with a federal health care program. Capo, Sepulveda, Curbeco, Rodriguez, Maysonet, Peralta, Galan, and Santana are charged with one count of health care fraud, and various counts of receiving kickbacks and bribes in exchange for serving as patients of Marcialed Health Care Corp. (Marcialed) and Sacred Health, Inc. (Sacred Health). Curbeco, Rodriguez, and Peralta are also charged with soliciting and accepting kickbacks and bribes in exchange for referring other beneficiaries to serve as patients of Marcialed and Sacred Health.
The allegations center on the operation of Marcialed and Sacred Health, two companies located in Miami-Dade County which were purportedly in the business of providing home health care to Medicare beneficiaries.
According to the indictment, Diaz controlled Marcialed and Sacred Health. Ocampo was for a time an officer of Sacred Health. Diaz and Ocampo offered and paid kickbacks and bribes to patient recruiters in return for referring beneficiaries to serve as patients so that Marcialed and Sacred could bill Medicare for home health services that were not medically necessary and were not provided. Curbeco, Rodriguez and Peralta solicited and accepted kickbacks and bribes in exchange for referring beneficiaries to serve as patients of Marcialed and Sacred Health. Capo, Sepulveda, Curbeco, Rodriguez, Maysonet, Peralta, Galan, and Santana are Medicare beneficiaries who solicited and accepted kickbacks in return for agreeing to serve as patients of Maricaled and Sacred Health so that the companies could bill Medicare for home health services that were not medically necessary and were not provided.
The indictment alleges that the defendants falsified, and caused to be falsified, records to document the receipt of home health services from Marcialed and Sacred Health that were not provided and were not medically necessary. Diaz and Ocampo violated Medicare rules and regulations by offering and paying kickbacks and bribes to patient recruiters in exchange for the referral of beneficiaries to Marcialed and Sacred Health. Diaz and Ocampo then caused Marcialed and Sacred Health to submit false and fraudulent claims seeking payment from Medicare for the home health services which had purportedly been provided to beneficiaries, when in truth the services had not been provided and were not medically necessary. The indictment alleges that as a result of the fraudulent claims, Diaz and Ocampo caused Medicare to pay approximately $7,809,243 to Marcialed and $4,694,834 to Sacred Health.
The indictment alleges that Diaz, Ocampo and other conspirators used the money fraudulently obtained from Medicare for their personal use and to further the fraud. The indictment seeks forfeiture of two properties and four Mercedes vehicles.
Mr. Ferrer commended the investigative efforts of U.S. Postal Inspection Service, HHS-OIG, and the FBI and was brought as part of the Medicare Fraud Strike Force. This case is being prosecuted by Assistant U.S. Attorney Eric E. Morales.
An indictment is only an accusation, and a defendant is presumed innocent unless and until proven guilty.
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.
Stark County Trio Charged with Operating Illegal CasinosRead the Press Release
Three people from Stark County were charged in federal court with conspiring to launder money and operate illegal gambling businesses in Canton, Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
A two-count criminal information was filed charging Jerry Warren, age 70, of Canton, Tracie Warren-Pastore, age 45, of North Canton, and Yabacushyanei Bennett, age 45, of Canton, with one count of conspiracy to conduct an illegal gambling business and one count of conspiracy to launder money.
Prosecutors are seeking to forfeit more than $1.3 million in cash as well as four vehicles – a 2011 Jaguar XJ8, a 2011 Mazda CX-9, a 2008 Land Rover and a 2000 Porsche Boxter.
“This trio ran their own illegal casino in Canton, complete with 200 slot machines,” Dettelbach said. “Now the game is up, and they will be held accountable for their actions.”
“Federal laws that regulate the reporting of financial transactions are in place to detect and stop illegal activities,” said Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “IRS Criminal Investigation is committed to enforcing these laws and following the money, wherever it leads.”
“This case illustrates the need for vigilance in the enforcement of Ohio's Casino Control Act,” said Executive Director Matt Schuler of the state’s Casino Control Commission. “There are only four legal casinos in Ohio; this was clearly an illegal gambling house."
Warren, Warren-Pastore and Bennett conspired together to operate gambling businesses from 2008 through May 2013, including the Nugget, which was located in Canton, according to the information.
The group operated illegal gambling businesses, including the Nugget, as casinos, offering more than 200 slot machines where the public could gamble. These slot machines included but were not limited to the Frog Prince, Pharaoh’s Fortune, Lucky Meerkats, Treasure Diver, Enchanted Kingdom and others, according to the information.
The businesses remained in substantially continuous operation and sometimes had gross revenues of $2,000 or more in a single day of operation, according to the information.
If convicted, the sentences of Warren, Warren-Pastore and Bennett will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the person’s role in the offenses and the unique 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 is being conducted by the Internal Revenue Service with assistance from the Ohio Bureau of Criminal Investigation and the Ohio Casino Control Commission. The case is being prosecuted by Kevin Culum, Special Assistant United States Attorney.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Stamford Man Who Possessed Sawed-off Shotguns and Drugs Sentenced to 66 Months in Federal PrisonRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that RICHTER RINVIL, also known as “Ricky, 20, of Stamford, was sentenced yesterday by Chief U.S. District Judge Janet C. Hall in New Haven to 66 months of imprisonment, followed by three years of supervised release, for possessing two sawed-off shotguns and narcotics.
According to court documents and statements made in court, in January 2013, the Stamford Police Department conducted a controlled purchase of heroin from RINVIL. RINVIL was arrested on January 30, 2013, and a search of his Custer Street residence on that date revealed two sawed-off shotguns, one of which was loaded, as well as 4.2 grams of heroin packaged for distribution, approximately 293 grams of marijuana, a personal use quantity of cocaine, drug packaging materials and $3,470 in cash.
RINVIL has been detained since his arrest. On January 13, 2014, he pleaded guilty to one count of possession of unregistered firearms.
This matter was investigated by the Stamford Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Vanessa Richards.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Six Individuals Sentenced for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of April, six individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.
CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
James DEAN, age 57, of Clarksburg, West Virginia, was sentenced to 18 months in prison for unlawful possession and use of cocaine and excessive use of alcohol. DEAN was originally sentenced on August 21, 2006, to 155 months in prison and four years of supervised release for possession with intent to distribute crack cocaine. In March of 2009, DEAN’s sentence was reduced to 125 months in prison pursuant to the crack resentencing guidelines and in October of 2011, DEAN’s sentence was again reduced to 88 months pursuant to the crack resentencing guidelines. DEAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
Chasty ANDERSON, age 24, of Clarksburg, was sentenced to 8 months in prison and 28 months of supervised release for commission of the new crime of DWI and possession and use of hydrocodone and oxycodone. ANDERSON was originally sentenced on October 7, 2011, to 12 months and 1 day in prison and three years of supervised release for conspiracy to distribute heroin and possession of a stolen firearm. ANDERSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
John William PICKENS of Braxton County, West Virginia, was sentenced to 8 months in prison for unlawful possession and use of marijuana and commission of the new offense in state court of marijuana possession. PICKENS was originally sentenced on November 2, 2007, to 55 months in prison and three years of supervised release for felon in possession of a firearm. PICKENS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
Cara CARPENTER, age 24, of Barrackville, West Virginia, was sentenced to 8 months in prison and 28 months of supervised release for failure to complete treatment and commission of the new offense of DUI. CARPENTER was originally sentenced on October 30, 2012, to 4 months in prison and three years of supervised release for distribution of oxycodone within 1,000 feet of a protected location. CARPENTER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
Julious Cesar PETTIS, age 38, of Morgantown, West Virginia, was sentenced to 6 months in prison for unlawful possession and use of synthetic marijuana; failure to submit truthful monthly reports; failure to notify probation office of address change; failure to participate in counseling; and, failure to report for drug screen. PETTIS was originally sentenced on April 2, 2009, to 81 months in prison and three years of supervised release for distribution of cocaine and possession of a firearm during the commission of a drug offense. PETTIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
Michael VIANDS, age 36, of Kearneysville, West Virginia, was sentenced to 8 months in prison and 30 months of supervised release for driving while suspended, fleeing from police, associating with a known felon and excessive alcohol use. VIANDS was originally sentenced on July 16, 2001, to 238 months in prison and five years of supervised release for distributionof crack cocaine within 1,000 feet of a school. In November of 2011, VIANDS’ sentence was reduced to 154 months in prison pursuant to the crack resentencing guidelines. VIANDS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the revocation hearings by Assistant U.S. Attorneys Paul T. Camilletti, Shawn A. Morgan and Zelda E. Wesley.
The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Sesser Man Pleads Guilty to Conveying False Allegations of A Terrorist Plot to Disrupt Election Day 2012Read the Press Release
Follow @SDILNewsThe United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced that Ray Allen Flener, 25, of Sesser, Illinois, pled guilty today to federal charges that he made a false statement to a federal officer and that he conveyed a false threat. Sentencing is set for July 31, 2014.
At the change of plea hearing, Flener admitted that on November 2, 2012, as a detainee at the Franklin County Jail in Benton, he told a Special Agent of the Federal Bureau of Investigation (FBI) that he had knowledge of a plan by a group called “the New World Order” to disrupt Election Day on November 6, 2012, by using weapons and explosives. Specifically, Flener told and showed the FBI agent the area in which the weapons and explosives allegedly had been stored in August of 2012. Flener’s representations were false because, as Flener knew, he had no such knowledge of weapons and explosives having been stored at that location.
Flener also admitted that on November 1, 2012, he did intentionally convey false and misleading information, under circumstances where such information may reasonably have been believed. Specifically, Flener told law enforcement officers from the Franklin County Sheriff’s Office and the FBI that he had personal knowledge of a plan by a group called “the New World Order” to disrupt Election Day, November 6, 2012, by using weapons and explosives.
The first charge of making a false statement carries a maximum penalty of 8 years in prison, a $250,000 fine, and up to 3 years of supervised release. The second charge of conveying a false threat carries a maximum penalty of 5 years in prison, a $250,000 fine, and up to 3 years of supervised release.
The case was investigated by the Federal Bureau of Investigation, the Illinois State Police, the Illinois Department of Corrections, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sheriff’s Offices of Franklin County, Williamson County, Saline County and Jackson County, and the Police Departments of Marion, West Frankfort, and Johnston City. The case is being prosecuted by Assistant U.S. Attorney Liam Coonan.
Serial Robber Pleads GuiltyRead the Press Release
Robbed Seven Businesses and Employees; Attempted to Rob a Take-Out Restaurant
Greenbelt, Maryland – Duane James, age 53, of Germantown, Maryland pleaded guilty today to five counts of robbery.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to his plea agreement, on seven occasions from January 21 to February 17, 2013, James robbed Maryland businesses and their employees, each time wearing a ski mask and pointing what appeared to be a gun at the store clerks. In Silver Spring, James stole $50 and $10,000 worth of jewelry at The Gold Spot store; $110 from the store register and $100 from the clerk’s wallet at the AT&T store; and $3,000 from the cash drawer and lottery proceeds at the Bel Pre Beer & Wine store. In Rockville, James stole $1,500 from the register at the Shell Gas Station. In Gaithersburg, James stole $400 from the store register and $5 from the clerk at the Walnut Hill Liberty Gas Station; $300 from the cash register and $200 from the clerk at Twinbrook Shell Gas Station; and $1,043 from the register and cigarettes at the Exxon Gas Station.Also, on February 17, 2013 and prior to robbing the Exxon gas station that same day, James pointed what appeared to be a gun at a clerk at a take-out restaurant in Gaithersburg, demanding cash from the register. The clerk did not move or open the drawer. James left the store.
James faces a maximum sentence of 20 years in prison and a fine of $250,000 for each of the five counts robbery. Chief U.S. District Judge Deborah K. Chasanow scheduled sentencing for July 14, 2014 at 10:00 a.m.
United States Attorney Rod J. Rosenstein praised the ATF and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Mara Zusman Greenberg and Special Assistant U.S. Attorney Jennifer R. Sykes, who are prosecuting the case.Serial Bank Robber Sentenced to 15 Years in Prison for TwoLong Island Bank RobberiesRead the Press Release
Earlier today, at the federal courthouse in Central Islip, New York, Steven Bertuglia was sentenced to 15 years in prison by United States District Judge Joseph F. Bianco. On October 3, 2012, Bertuglia pleaded guilty to committing two bank robberies in Nassau and Suffolk Counties while on release to a halfway house for convictions stemming from a string of 14 bank robberies he committed in 2007.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, George Venizelos, Assistant Director-in-Charge of the Federal Bureau of Investigation (FBI), New York Field Office, Thomas C. Krumpter, Acting Commissioner, Nassau County Police Department (NCPD), and Edward Webber, Commissioner, Suffolk County Police Department (SCPD).
"Having refused to learn from his mistakes, this serial bank robber will now have the next 15 years to contemplate the consequences of his actions. We stand committed to protecting the public from dangerous repeat offenders," stated United States Attorney Lynch. Ms. Lynch expressed her grateful appreciation to the FBI, the NCPD, and the SCPD for their participation in this case.
On June 16, 2008, United States District Judge Jack B. Weinstein, in federal court in Brooklyn, sentenced Bertuglia to five years in prison for committing 14 bank robberies in 2007 in Nassau, Suffolk, and Queens Counties, and in New Jersey and Connecticut. On May 3, 2011, Bertuglia was released from prison to live in a halfway house in Brooklyn, where he was scheduled to finish serving the remainder of the 2008 sentence, which would have ended on January 13, 2012.
During his guilty plea proceeding before Judge Bianco, Bertuglia admitted that in June 2011, he committed two bank robberies in Nassau and Suffolk Counties while on release at the Brooklyn halfway house. Specifically, on June 9, 2011, Bertuglia rented a car, drove to an Atlantic Bank branch in Hicksville, New York, presented the teller with a threatening note, and made off with cash. Nearly four years earlier in June 2007, Bertuglia had robbed that same Atlantic Bank branch while armed with a pellet gun. On June 16, 2011, Bertuglia again used a threatening note to rob a TD Bank branch in Farmingville, New York.
On January 13, 2012, Bertuglia was arrested by the FBI, with assistance from NCPD and SCPD.
The government's case was prosecuted by Assistant United States Attorney Charles N. Rose.
The Defendant:
STEVEN BERTUGLIA
Age: 41
Sacramento Man Sentenced to More Than 21 Years in Prison for Trafficking MethamphetamineRead the Press Release
SACRAMENTO, Calif. — Jose Mario Medrano, 36, of Sacramento, was sentenced today by U.S. District Judge John A. Mendez to 21 years and 10 months in prison for his involvement in a conspiracy to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, Medrano was a member of a Mexican-based drug trafficking organization that operated in California, Nevada, and Illinois and regularly distributed up to 40 pounds of methamphetamine on a monthly basis. Ultimately, the investigation resulted in the seizure of more than 145 pounds of methamphetamine, extensive drug ledgers, numerous firearms, bullet-proof vests, and more than $145,000 in cash.
Medrano was arrested driving a car that also held a woman and her eight-year-old daughter. Investigators searched Medrano’s vehicle and found 15 pounds of methamphetamine and a loaded 9 mm pistol inside two hidden compartments. Following his arrest, investigators searched Medrano’s house in Sacramento and found more than four pounds of methamphetamine, more than $20,000 in cash, four firearms, ammunition, four ballistic vests, pay-owe sheets, packaging materials, scales and a money counter.
In sentencing Medrano, Judge Mendez noted his connection to firearms and “ballistic vests,” the fact that he was “heavily involved” with a “large drug-trafficking organization,” and the fact that he endangered an eight-year-old child by allowing her to ride with him while he was armed and transporting a large quantity of methamphetamine.
This case is the product of an investigation by the Drug Enforcement Administration, the Sacramento Sheriff’s Department High Intensity Drug Trafficking Area (HIDTA) task force, and the California Department of Justice (Cal-MMET). Assistant United States Attorney Michael M. Beckwith prosecuted the case.
Rochester Couple Indicted on Wire Fraud ConspiracyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a three-count indictment charging Brian Leonard, 44, and his wife, Nancy Cedeno, 44, both of Rochester, N.Y., of conspiracy to commit wire fraud and wire fraud. The charges each carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the indictment, the defendants used online, e-commerce sites, including eBay.com and Amazon.com, to sell stolen merchandise to unwitting buyers. Leonard and Cedeno are accused of using their business, Rochester Consignment Broker, a consignment business in Rochester, to purchase goods and merchandise that they knew to be stolen. The couple then advertised and sold or attempted to sell the items to buyers online, all while falsely representing that they had lawful ownership of the goods.
The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and members of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Robertsdale Meth Cook Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. – Jesse Knighten, 24, of Robertsdale, Alabama, was sentenced today in federal court to 54 months in federal prison for his participation in a methamphetamine manufacturing conspiracy. United States District Court Judge Callie V. S. Granade imposed the sentence, but ordered that Knighten would receive 22 months credit against the 54-month sentence based on time he had spent in jail awaiting the imposition of sentence. The judge ordered that Knighten undergo drug treatment, both during his custody sentence and after his release on supervision for a three-year term. No fine was imposed, but the judge ordered that Knighten pay $100 in special mandatory assessments.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Loxley Police Department. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.
Rigby Man Sentenced for Unlawfully Possessing FirearmRead the Press Release
POCATELLO — Gary Wallace Hoffman, 50, of Rigby, Idaho, was sentenced today in United States District Court to 90 days in prison followed by six months of home detention for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Robert J. Bryan also ordered Hoffman to serve three years of supervised release following his release from prison. Hoffman was indicted by a federal grand jury in Pocatello on May 29, 2013, and pleaded guilty on January 15, 2014.
According to the plea agreement, on May 29, 2012, Hoffman sold .81 grams of methamphetamine and a 9 millimeter Glock pistol to another individual in Rexburg, Idaho. Hoffman received $120 for the methamphetamine and $580 for the firearm. Hoffman is prohibited from possessing firearms due to a drug conviction in Bonneville County, Idaho, in 2004.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Madison County Sheriff’s Office, with the assistance of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Purchaser and Seller in Loan Fraud Scheme Are SentencedRead the Press Release
A DFW Lawyer Who Served as Escrow Officer in Scheme is Sentenced to Federal Prison for Covering up the Bank Fraud
DALLAS — Plano, Texas, residents, Vathany Teng, 43, and Lina Ma, 55, were sentenced yesterday for their role in a loan fraud scheme they ran from August 2007 to April 2008 that resulted in the total funding of more than $3 million in fraudulent loans, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
U.S. District Judge David C. Godbey sentenced Teng to 27 months in federal prison and ordered him to pay $4.2 million in restitution. Ma was sentenced to 18 months in federal prison and ordered to pay $2.1 million in restitution. Both must surrender to the Bureau of Prisons on July 7, 2014.
Both Teng and Ma pleaded guilty to one count of conspiracy to commit bank fraud. The other defendant in the case, Jerry Goh, 51, a lawyer who had offices in the Dallas-Fort Worth metroplex, and who acted as the escrow officer for the Prosper Bank loan, pleaded guilty to one count of misprision of a felony. He was sentenced in February 2014 to serve seven months in federal prison, and he must surrender to the Bureau of Prisons on May 26, 2014, to begin serving that sentence. Judge Godbey also ordered that he serve the first seven months of a one-year term of supervised release on home confinement and he was ordered to pay more than $2.1 million in restitution.
According to documents filed in Teng and Ma’s case, Teng, Ma and Goh participated in a scheme to defraud and deceive Prosper Bank, United Central Bank (UCB) and the Small Business Administration (SBA). The conspiracy involved one fraudulent SBA guaranteed loan from Prosper Bank and two fraudulent loans from UCB.
The scheme involved making false representations and deliberate omissions of material information when fraudulent loan applications were submitted to these banks in connection with the three loans. According to Teng and Ma’s factual resumes, Teng, Ma and Goh falsely represented to Prosper Bank and UCB, and caused the HUD-1 Settlement Statement on all three loans to falsely represent, that Ma was the true source of loan down payments.
Goh, acting in his capacity as the escrow officer on the Prosper Bank loan, and thus with control of the loan proceeds, concealed from lender Prosper Bank the fraudulent release of $498,720 of loan proceeds to provide funds for a $431,000 down payment. Goh wired $498,720 of lender Prosper Bank’s funds from an escrow account, knowing that these seller proceeds funds would later be used as the source of borrower Lina Ma’s down payment on her loan from Prosper Bank.
This case was prosecuted in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorney’s 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 nearly 10,000 financial fraud cases against nearly 15,000 defendants, including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
The case was investigated by the U.S. Small Business Administration – Office of Inspector General and the FBI. Assistant U.S. Attorney David L. Jarvis prosecuted.
Philadelphia Man Pleads Guilty to Multi-Million Dollar Mortgage Fraud SchemeRead the Press Release
PHILADELPHIA – Eric Sijohn Brown, 46, of Philadelphia, pleaded guilty today to 20 counts in connection with a mortgage fraud scheme involving KREW Settlement Services. Brown pleaded guilty to conspiracy, two counts of FHA loan fraud, 12 counts of loan fraud, and three counts of tax evasion. Between May 2004 and February 2009, Brown and his co-conspirators inflated purchase prices on loan documents for more than 100 Philadelphia properties resulting in more than $20 million in fraudulent loan proceeds. A sentencing hearing is scheduled for July 8, 2014. Brown faces a maximum possible sentence of 486 years in prison, including a mandatory two year term, five years of supervised release, a fine of up to $15 million, and $2,000 special assessment. A forfeiture notice was also filed seeking more than $13.7 million from all defendants.
KREW Settlement Services was a Philadelphia real estate settlement company and Brown was a general contractor who worked with his co-defendants to identify distressed properties to purchase, typically in the West Philadelphia area. The scheme involved recruiting “straw buyers” whose credit history and personal information was used to purchase the properties, obtain mortgage loans, and take title to the properties, when, in reality, the properties were owned and controlled by the defendants. Mortgage loan applications were then prepared in the names of the straw buyers containing a host of false information, including false purchase prices, false employment and income information, and false statements about the straw buyers living in the properties. Mortgage brokers - including Roderick Foxworth, Walter Brown, and John William Polosky (charged separately in the Western District of Pennsylvania) - allegedly submitted the fraudulent loan applications to lenders to secure the loans for the buyers, knowing that the information was false.
Charged with Brown were Roderick L. Foxworth, Sr., Cynthia Evette Brown, Walter Alston Brown, Jr., and Kevin Joseph Franklin. Cynthia Brown is alleged to have falsely verified that many of the straw buyers worked for her employer, Unicco Service Company, when they did not. Kevin Joseph Franklin, a title agent, is alleged to have falsely prepared two deeds and settlement statements (referred to as "Form HUD-1") – one for the seller that showed the actual agreed-upon purchase price and a false one for the lender that showed the grossly inflated purchase price. Franklin is also alleged to have created false title insurance policies for the lenders.
After the loans funded, the seller was paid the agreed-upon purchase price, and the difference between the actual purchase price and the false purchase price quoted to the lender was shared with and distributed by Franklin to Eric Brown, Foxworth, Walter Brown, and Cynthia Brown, and many of these payments were not reflected on the HUD-1 forms.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigations, and the Department of Housing and Urban Development’s Office of Inspector General. It is being prosecuted by Assistant United States Attorney Michael S. Lowe.
In addition to the five defendants charged with Brown, and the three defendants charged by the Western District of Pennsylvania, seven defendants were charged by information.As alleged in the indictment, “KREW” is an acronym of the first names of Kevin Joseph Franklin, Roderick L. Foxworth, Sr., Eric Sijohn Brown, and Walter Alston Brown, Jr.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Payette Man Sentenced to 78 Months in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – Steven Ray Hemenway, 47, of Payette, Idaho, was sentenced today in United States District Court to 78 months in prison for possessing sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Hemenway to serve 20 years of supervised release, during which he will undergo treatment for sexual deviancy, adhere to conditions designed to protect the public and must register as a sex offender. He pleaded guilty to the charge on December 2, 2013.
According to court documents, in December 2012, law enforcement officers executed a search warrant at a residence in Toronto, Ontario. The individual at that residence confessed to distributing images of child pornography via his email account. Investigators reviewed the account and developed information that the Canadian offender had sent images and videos of child pornography to an email account associated with Hemenway.
On February 26, 2013, federal agents, assisted by officers from the Payette Police Department, performed a “knock-and-talk” at Hemenway’s home in Payette. During an interview, Hemenway admitted that he had been receiving child pornography via the Internet for several years. He also told agents that he had sent between 100 and 500 images of child pornography to approximately ten other email accounts during the previous year. Hemenway consented to a search of his laptop computer and investigators found child pornography and child erotica.
The images and videos recovered from Hemenway’s computer confirmed that the user had been receiving and distributing child pornography, including sexually explicit material depicting prepubescent minors. Investigators sent the material to the National Center for Missing and Exploited Children (NCMEC) for analysis and comparison with previously identified victims of abuse. According to NCMEC, among the images found on Hemenway’s computer were known victims of sexual abuse from the states of North Carolina, Georgia, Washington, Missouri, Connecticut, Kentucky, Pennsylvania, as well as from Canada, United Kingdom, Ukraine, France, and Belgium.
The case was investigated by the Department of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), an affiliate of the Idaho Internet Crimes Against Children Task Force (ICAC), with the assistance of the Payette Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” For more information about the Idaho ICAC, see http://www.icacidaho.org/index.html.
Pasadena Man Convicted of Illegally Warning Targets of DEA WiretapsRead the Press Release
Baltimore, Maryland – Joshua Ferguson, age 34, of Pasadena, Maryland pleaded guilty today to unlawfully providing notice of electronic surveillance.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; and Anne Arundel County Police Chief Kevin Davis.
According to his plea agreement, in June of 2013, pursuant to a court authorized wiretap, the DEA and Anne Arundel County Police Department were monitoring the cell phone of a suspected drug trafficker, Paul Cain. On June 27, 2013, law enforcement overheard a call from Ferguson who warned Cain of three phone taps in Pasadena for drugs. Ferguson also told Cain to warn another suspected drug dealer, Daryell Rexrode, about the phone taps. Shortly thereafter, Cain and Rexrode stopped using their cell phones.Further investigation revealed that Ferguson learned of the phone taps through Sarah Harris who worked at the Clerk’s Office in the Circuit Court for Anne Arundel County. Ferguson had met with Harris at a bar on June 26, 2013. Harris told Ferguson that there were phone taps in Pasadena for drugs, which were not local. Ferguson understood this to mean that federal law enforcement officers were conducting the phone taps.
Ferguson faces a maximum sentence of five years in prison followed by three years of supervised release and a fine of $250,000. U.S. District Judge George L. Russell III scheduled sentencing for June 27, 2014.
Sarah Elizabeth Harris, age 23, of Pasadena, Maryland, pleaded guilty in February 2014 to obstruction of an official proceeding and faces a maximum sentence of 20 years in prison at her sentencing scheduled on May 9, 2014 at 2:00 p.m. Paul Rodney Cain, age 48, and Daryell Mitchell Rexrode, age 56, both of Pasadena, Maryland, previously pleaded guilty to their participation in drug trafficking activities. Rexrode was sentenced on March 8, 2014 to 160 months in prison. Cain awaits sentencing.
United States Attorney Rod J. Rosenstein praised the DEA and Anne Arundel County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Peter J. Martinez, who is prosecuting the case.Nigerian National Faces New Stolen Identity Tax Refund Charges in 31-Count Federal Indictment Returned in New JerseyRead the Press Release
NEWARK, N.J. - A Nigerian national who formerly resided in Livingston, N.J., was arraigned today on a 31-count superseding indictment charging him with participating in an $3 million scheme to use stolen identities to generate fraudulent tax refunds, U.S. Attorney Paul J. Fishman announced.
Kole Akinola, 40, allegedly engaged in a stolen identity refund fraud, or “SIRF,” scheme that resulted in more than $3 million in losses to the U.S. Treasury and the theft of the personal identification information of hundreds of individuals. Akinola was indicted April 1, 2014, and was arraigned on the charges today before U.S. District Judge Jose L. Linares in Newark federal court. The superseding indictment charges Akinola with one count of conspiring to steal government funds, 10 counts of misusing the personal identification information of others, 10 counts of illegally using social security numbers and 10 counts of aggravated identity theft.
Akinola originally was arrested on a complaint in April 2011 and indicted in May 2011 on one count of conspiring to steal government funds in relation to an approximately four-month scheme to file fraudulent income tax returns to illegally obtain refunds. Akinola, who is subject to a final order of removal to Nigeria, has been detained since the time of his arrest. The new charges allege a conspiracy lasting approximately three years, including the time of his incarceration.
According to documents filed in this case and statements made in court: In April 2011, Akinola was arrested for driving under the influence in Glen Ridge, N.J. At the time of arrest, Akinola was found to be in possession of debit cards and Turbo Tax receipts in the names of third parties; two composition books and loose papers containing the personal identifiers of numerous individuals, including names, social security numbers and dates of birth; a July 2007 inmate population report from Union County Correctional Facility, which included the names, social security numbers, and dates of birth of over 700 inmates; W-2 forms in the names of third parties, which included employer identification numbers, or “EINs”; and several cellular telephones and handheld electronic devices.The government alleges that the personal identification information, EINs, and electronic devices found in Akinola’s possession at the time of his arrest were used in connection with a SIRF conspiracy to file numerous fraudulent tax returns seeking tax refunds.
Akinola and the other members of the conspiracy obtained personal identifiers – such as dates of birth and Social Security numbers – belonging to numerous U.S. citizens, including from inmate population reports from prison facilities. The conspirators used those identifiers to create fake 1040 forms, which falsely reported wages and withheld taxes to create the appearance that the “taxpayers” were entitled to tax refunds. The returns were filed electronically with the IRS and generated refunds.
Members of the conspiracy then directed the refunds onto pre-paid debit cards, which were mailed to addresses in New Jersey and elsewhere, where they could be retrieved by the conspirators. They then used the pre-paid debit cards to make ATM withdrawals and purchases in New Jersey for their personal use and benefit.
As recently as July 2013, while incarcerated at Hudson County Correctional Facility, Akinola was found to be illegally in possession of a cellular telephone and three prison inmate population reports, from three separate dates, that contained the names and personal identification information of hundreds of inmates.
The conspiracy count carries a maximum potential penalty of 10 years in prison; each count of misuse of personal identification information carries a maximum potential penalty of 15 years in prison; each count of illegal use of a Social Security number carries a maximum potential penalty of five years in prison; and each aggravated identity theft count carries a mandatory penalty of two years in prison, which would be consecutive to any term imposed for a conviction of illegal use of a Social Security number. Each count also carries a maximum $250,000 fine.
U.S. Attorney Fishman praised special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Jonathan D. Larsen; and postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Marie Kelokates, for the investigation.
The government is represented by Assistant U.S. Attorneys Joseph B. Shumofsky and Andrew S. Pak of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the superseding indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.14-119
Defense counsel: Assistant Federal Public Defender K. Anthony Thomas Esq., Newark
Akinola, Kole SIndictment
New Haven Man Sentenced to 46 Months in Prison for Gun and Narcotics OffensesRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that ALPHONZO DIXON, also known as “Fonz,” 26, of New Haven, was sentenced yesterday by Senior U.S. District Judge Warren W. Eginton in Bridgeport to 46 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm and distributing crack cocaine.
According to court documents and statements made in court, this matter stems from an investigation conducted by the FBI New Haven Safe Streets Task Force, the New Haven Police Department and the Connecticut State Police into drug distribution and related violence allegedly being committed by members and associates of the Grape Street Crips in New Haven. DIXON was identified over a court-authorized wiretap communicating with Donald Ogman, who has been identified in court proceedings as the alleged leader of the Grape Street Crips, and discussing narcotics transactions and shootings.
In February 2012, DIXON purchased eighth-ounce quantities of crack cocaine from members of the conspiracy for distribution purposes. On March 12, 2012, investigators also recovered a revolver that was identified as belonging to DIXON.
DIXON had been convicted in August 2011 of possessing a weapon in a motor vehicle, and it is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
DIXON has been detained since March 26, 2012.
On April 9, 2012, a grand jury returned an indictment charging DIXON and 17 other individuals with narcotics distribution and related offenses stemming from this investigation. Two additional individuals were later charged in the case.
All of the defendants have pleaded guilty. On August 8, 2012, DIXON pleaded guilty to one count of possession of a firearm by a previously convicted felon, and one count of conspiracy to possess with intent to distribute cocaine base (“crack cocaine”).
DIXON will begin service of his federal sentence after he completes a six-month term of incarceration for contempt ordered in state court on December 13, 2013, following DIXON’s refusal to testify at trial.
Ogman awaits sentencing.This matter was investigated by the FBI’s New Haven Safe Streets Task Force, the New Haven, Hamden and Milford Police Departments, the Connecticut State Police and the State of Connecticut Department of Correction. The investigation has been assisted by the U.S. Marshals Service and the Westerly (R.I.) Police Department.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and H. Gordon Hall.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Multi-Convicted Felon Sentenced to 15 Years for Possession of A Loaded FirearmRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday today sentenced Quinton Justin Davis (27, Sarasota) to 15 years in federal prison for being a felon in possession of a firearm. Davis pleaded guilty on January 21, 2014.
According to court documents, on October 17, 2013, officers from the Sarasota Police Department arrested Davis on an outstanding warrant. Pursuant to the arrest, they located a loaded Glock 22 .40 caliber handgun in his waistband. Davis had previously been convicted of multiple felonies prior to his October 2013 arrest, including drug trafficking and firearm offenses, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Miami-Dade, Fla. Police Officer Charged in Cocaine Trafficking ConspiracyRead the Press Release
NEWARK, N.J. - An internal affairs officer of the Miami-Dade Police Department was arrested this morning in Miami Gardens, Fla., and charged with allegedly aiding a narcotics trafficking organization – distributing cocaine from the Dominican Republic in New Jersey and elsewhere – by orchestrating a murder-for-hire plot; providing firearms and sensitive law enforcement information; and facilitating the transport of drug proceeds, New Jersey U.S. Attorney Paul J. Fishman announced.
Ralph Mata, 45, a/k/a “the Milk Man,” of Broward County, Fla. – a lieutenant with the Miami-Dade Police Department, Internal Affairs – is charged by federal criminal complaint with one count each of: aiding and abetting a conspiracy to distribute cocaine; conspiring to distribute cocaine; and engaging in monetary transactions in property derived from specified unlawful activity – specifically, drug proceeds.
Mata is scheduled to appear tomorrow, April 9, 2014, before U.S. Magistrate Judge Alicia M. Otazo-Reyes in federal court in the Southern District of Florida.
According to the complaint unsealed today: After rival drug dealers threatened to kill members of the drug trafficking organization, or “DTO,” with which Mata conspired, Mata and members of the DTO discussed a murder plot. Mata stated that his contacts – assassins – would wear uniforms and badges to make it appear as though the two targets of the plot were being pulled over by law enforcement before shooting them. Mata arranged to pay two assassins $150,000 per target. Ultimately, the DTO decided not to move forward with the murder plot, but Mata still received a payment for setting up the meetings.
Mata purchased several firearms to provide protection and security to the DTO members located in the Dominican Republic, which he transported on two separate trips from Miami to the Dominican Republic between Oct.5, 2012, and Jan. 17, 2013. A number of these firearms have been recovered by law enforcement.
Mata also helped to transport narcotics proceeds for the DTO in exchange for thousands of dollars in cash and a Rolex watch valued at approximately $10,000.
Mata also used sources of information available to him as a law enforcement officer to find out information about the seizure of $419,000 in narcotics proceeds from a Bergen County, N.J., residence, which members of the DTO suspected had been stolen by another member, but were in fact seized by law enforcement.
The narcotics charges each carry a statutory mandatory minimum penalty of 10 years in prison and a maximum potential penalty of life in prison and a $10 million fine. The transaction involving drug proceeds charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI’s Garret Mountain Resident Office, under the direction of Special Agent in Charge Aaron T. Ford in Newark; the DEA’s Paterson Post of Duty under the direction of Special Agent in Charge Carl J. Kotowski; IRS – Criminal Investigation, Newark Field Office, under the Acting Special Agent in Charge Jonathan D. Larsen; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, New York, under the direction of James T. Hayes Jr. He also thanked the Miami FBI, Miami-Dade Police Department and Miami-Area Corruption Task Force for their assistance with the arrest. The investigation is ongoing.
The government is represented by Assistant U.S. Attorneys Mary Toscano of the U.S. Attorney’s Office Special Prosecutions Division, José Almonte of the Criminal Division, and Barbara Ward and Marion Percell, Chief, of the office’s Asset Forfeiture Unit.
The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.14-120
Defense counsel: TBD
Mata, Ralph Complaint
Miami Resident Sentenced in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and J.D. Patterson, Director, Miami-Dade Police Department, announce that Roshawn Jermaine Davis, 38, of Miami, was sentenced for his participation in a stolen identity tax refund scheme. Davis was sentenced to 57 months in prison, to be followed by three years of supervised release. Davis previously pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, during a traffic stop of a vehicle Davis was driving, a bag was found containing pre-paid debit cards in other individuals’ names, together with over 150 pieces of personal identification information (PII) on handwritten sheets of paper, printouts, and patient information sheets from doctors’ offices. Some of the sheets had handwritten notes indicating dollar amounts, routing numbers, and account numbers.
Court documents also state that fraudulent tax returns were filed for the 2011 tax year on behalf of at least sixteen individuals whose PII was found in the defendant’s bag. The handwritten dollar amounts listed on the documents found in the bag matched the tax refund amounts on the sixteen fraudulent tax returns.
Mr. Ferrer commended the investigative efforts of the Identity Theft Tax Refund Strike Force, with special commendation to IRS-CI and the Miami-Dade Police Department. The case is being prosecuted by Assistant U.S. Attorney John R. Byrne.
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.
Mexican National Sentenced for Unlawful Possession of FirearmRead the Press Release
POCATELLO — Rigoberto Torres-Perez, 31, of Idaho Falls, Idaho, was sentenced today in United States District Court to nine months in prison for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Torres-Perez was indicted by a federal grand jury in Pocatello on June 25, 2013, and pleaded guilty on January 15, 2014.
According to the plea agreement, police officers encountered Torres-Perez on November 4, 2012, during a search of another individual’s residence in Idaho Falls. Torres-Perez was in possession of a 9 millimeter pistol with an obliterated serial number. Torres-Perez is prohibited from possessing firearms due to a drug conviction in Arizona in 2006.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Idaho Falls Police Department.
Meth Ice Dealer Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. – Jonathon Blake Jones, 33, of Robertsdale, Alabama, was sentenced today in federal court to 120 months in federal prison for his role as a dealer distributing methamphetamine ice from 2009 through April of 2013. Court documents establish that Jones became involved in the distribution of the more potent form of methamphetamine, called “ice,” after initially becoming involved in manufacturing the drug locally. Jones was identified in an investigation conducted by the Baldwin County Drug Task Force, and he was ultimately arrested on federal charges when a federal search warrant was executed at his residence last year. During the execution of the warrant, investigators seized about a quarter-kilogram of methamphetamine ice, cash, a gun and a vehicle. Senior United States District Court Judge Charles R. Butler, Jr., imposed the sentence this morning. The judge ordered that Jones undergo drug treatment during the period of his custody and after his release on supervision for a 10-year term. No fine was imposed, but the judge ordered that Jones pay $100 in special mandatory assessments.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force and the Loxley Police Department. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.
Meth Dealer Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. – Tessa Weaver Rivers, 39, of Mt. Vernon, Alabama, was sentenced today in federal court to a year and a day in federal prison for her participation in a conspiracy to possess with intent to distribute methamphetamine. Court documents establish that Rivers was involved in both the manufacture and the distribution of the drug in north Mobile County. Rivers was arrested as the result of cooperation by a confidential informant working with the Mobile County Sheriff’s Office, who made controlled purchases of methamphetamine from Rivers. United States District Court Judge Callie V. S. Granade imposed the sentence, and revoked Rivers’ conditions of release to remand her to the custody of the United States Marshal’s Service to begin serving her sentence. The judge ordered that Rivers undergo drug treatment after her release on supervision for a three-year term. No fine was imposed, but the judge ordered that Rivers pay $100 in special mandatory assessments.
The case was investigated by the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.
Media AdvisoryRead the Press Release
Montgomery, Alabama - The United States Attorney’s Office will hold a press conference to announce the takedown of a drug distribution operation that involves two federal judicial districts and is the result of the joint efforts of the Drug Enforcement Administration and the Alabama Department of Corrections.
The press conference will be held on Thursday, April 10, 2014 at 1:30 p.m., at the U.S. Attorney’s Office, 131 Clayton Street, Montgomery, Alabama, and the media is invited. A press release will be provided at the conference.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Laguna Pueblo Man Pleads Guilty to Assaulting a Federally Deputized Tribal Police OfficerRead the Press Release
ALBUQUERQUE – This morning Gregory Allen Bahe, 32, a member and resident of Laguna Pueblo, pled guilty to an indictment charging him with assaulting a federal officer. The guilty plea was announced by Acting U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Police Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Bahe was arrested on Sept. 19, 2013, pursuant to a criminal complaint alleging that he assaulted a tribal police officer who holds a Special Law Enforcement Commission from the BIA. Bahe subsequently was indicted and charged with two counts of assaulting a federal officer.
According to these charging instruments Bahe assaulted an officer of the Laguna Pueblo Tribal Police Department on Sept. 12, 2013, when the officer responded to a call from Bahe requesting police assistance at a residence located in Laguna Pueblo in Cibola County, N.M.
When the officer was restraining Bahe for officer safety reasons, Bahe assaulted the officer by spitting at the officers on the face and head-butting the officer on the face.
During today’s proceedings, Bahe pleaded guilty to Count 1 of the indictment and admitted assaulting a federal officer who was engaged in the performance of his official duty.
Bahe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Bahe will be sentenced to 12 months in federal prison followed by a term of supervised release to be determined by the court.
The case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Kenyan Woman Sentenced to One Year for Marriage Fraud ConspiracyRead the Press Release
Contact: Gail Fisk Malone
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that
Margaret Kimani, 30, of Worcester, Massachusetts, was sentenced today to one year in prison and three years of supervised release for conspiring to defraud the United States by seeking to become a lawful permanent resident, or green card holder, by engaging in a marriage fraud conspiracy. She was convicted after a jury trial in December 2013.According to court documents, in 2001, Kimani, a Kenyan national, came to the United
States on a visitor’s visa. In 2003, after her visa expired, Kimani came to Maine and paid a U.S. citizen from Maine to marry her. She and the Maine resident then filed documents with U.S. immigration authorities to adjust her immigration status so she could stay permanently in the country. After the U.S. citizen backed out of the scheme, Kimani filed a petition under the
Violence Against Women Act, which allows aliens who are subject to abuse to apply for permanent residence without the knowledge or consent of their U.S. spouse. In support of that petition, she filed false documents to make it appear that her U.S. citizen spouse had abused her. Relying on her false claims, immigration authorities granted her petition and awarded her lawful permanent resident status.Other than cases against fugitives, Kimani’s sentencing brings to a close a major marriage fraud conspiracy investigation that resulted in felony convictions against 28 defendants in Maine since 2010. Launched in 2005 by U.S. Immigration and Customs Enforcement’s
Homeland Security Investigations (HSI), the investigation identified more than 40 sham marriages in the Lewiston/Auburn and Newport areas between U.S. citizens from Maine and nationals of Kenya, Uganda, Zambia and Cameroon. The Maine residents were paid to marry the foreign nationals and assist them in seeking a green card.
In addition to Kimani, three other defendants -- Emmanuel Musiitwa, Grace Nyaga and
Jecinta Wambui Ngige -- all filed false claims of spousal abuse with U.S. immigration authorities. These were the first prosecutions in the United States for fraudulently misusing the immigration provisions of the Violence Against Women Act. Emmanuel Musiitwa was sentenced to four months in January 2014. Grace Nyaga was sentenced to three months in
September 2013. Jecinta Wambui Ngige was sentenced to four months in January 2014.
Others who were convicted include ringleader Rashid Kakande, who was sentenced to 19 months in prison in April 2012; and Maine organizers Angela Roy, who was sentenced to 10 months in April 2011, and Torri Patterson, who was sentenced to six months in April
2011. James Mbugua, the other ringleader, fled after being charged in the case and released on bail conditions, and remains a fugitive.Also convicted were:
Name
Sentence
Month/Year of Sentence
Catherine Nantume
one year
December 2012
183 days
May 2012
Thomas Taylor
six months
July 2011
Henry Swan
four months
June 2011
Heather Dugas
three months
July 2011
Paula German
three months
April 2011
Thomas Patrick Hanson
three months
May 2011
Simon Kihugu
three months
July 2013
Albert White
three months
April 2011
June Roy White
three months
May 2011
Samuel Paradis
three months
October 2011
Susan Wambui Kimani
three months
December 2011
Lucy Kubai
two months
February 2012
James Muhoro
two months
March 2012
Jason Neas
two months
July 2012
Janet Wanjiru Thumi
two months
March 2013
Annie Njoroge
45 days
February 2013
Edward Kizito
one month
December 2011
Christine Njoroge
one month
October 2012
Beth Stewart
3 years probation
November 2012
Kelly Rider
1 year probation
June 2011
"America's legal immigration system is not for sale and we will move aggressively against those who willfully compromise the integrity of that system simply to enrich themselves," said Bruce Foucart, Special Agent in Charge for HSI in Boston. "Immigration benefit fraud is a serious crime. Not only does it potentially rob deserving immigrants of benefits they rightfully deserve, it also creates a security vulnerability that could be exploited by criminals and others who pose a danger to our community. People who use ruses like this in an attempt to obtain a green card should be forewarned, if you commit marriage fraud, there isn't going to be a honeymoon."
The case was investigated by HSI and U.S. Citizenship and Immigration Services in
Portland and Boston, with the assistance of the Lewiston Police Department.