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Thursday 13 February 2014
Hogsett Announces Sentencing of Parke County Man on Child Pornography ChargesRead the Press Release
Prosecution represents more results in U.S. Attorney’s ongoing "Operation Community Watch"
INDIANAPOLIS - Joseph H. Hogsett, the United States Attorney, announced today the sentencing of Rockville resident Bradley M. Vandivier, age 28, to 10 years in federal prison after his admission of guilt to charges that he possessed child pornography and illegally accessed a protected computer. This prosecution comes as the U.S. Attorney’s Office has recommitted to Operation Community Watch, a federal effort which aims to reduce the abuse of Hoosier children through innovative investigative techniques and aggressive prosecution.
“Through our Operation Community Watch initiative, we have joined with state and local partners to make clear that we will not tolerate child exploitation in Indiana,” Hogsett said. “With innovation and vigilance, we are unmasking these online predators and holding them accountable for their criminal activity.”
“The Federal Bureau of Investigation is committed to pursuing on-line child predators through our Innocent Images National Initiative,” said FBI Special Agent in Charge Robert A. Jones. “FBI agents and local and international task force members collaborate with our state and local partners daily in the fight against those who prey on our children.”
On March 15, 2013, detectives from the Indiana State Police were checking for compliance with Indiana’s sex offender registry at the residence of Vandivier on Erie Street in Rockville. Detectives asked the defendant if they could look around his house, and Vandivier invited them inside but informed them he was going to let his dogs out first. Rather than let his dogs out, however, detectives observed the defendant enter a room and close the door.
After calling Vandivier out of the room and conducting further investigation, detectives located a laptop computer inside the room, hidden under a blanket at the foot of a chair. It was later revealed that the defendant had been utilizing a neighbor’s wireless internet network in an effort to obtain child pornography. A forensic investigation has revealed hundreds of videos and images of child pornography on the laptop, including depictions of sexual abuse against children younger than age seven.
According to Assistant U.S. Attorney Zach Myers, who prosecuted the case for the government, Vandivier was also sentenced to lifetime supervised release at the end of his prison term, and must comply with state and federal requirements as a registered sexual offender.
This arrest comes one year after Hogsett announced a comprehensive crackdown on child exploitation in Indiana. In 2013, he launched AOperation Community Watch," which has allowed prosecutors and investigators to use cutting-edge techniques to identify and charge people in Hoosier communities who are engaged in the receipt and trafficking of child pornography materials. In this case, those efforts were facilitated by the Federal Bureau of Investigation, the Indiana State Police, the Indiana Internet Crimes Against Children Task Force, and Parke County law enforcement.
This case was brought as part of Project Safe Childhood, a larger nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Hogsett pointed out that in the last Project Safe Childhood reporting year, the Office prosecuted 52 defendants, an increase of 37% over the prior year, and 49 defendants were convicted and sentenced. These are all-time records for the Office.
The greatest measure of the PSC program's impact, however, is the identification and rescue of child victims of sexual exploitation and abuse. Over the last two years, the U.S. Attorney's Office successfully identified more than 120 child victims, including minors in Indiana, numerous places in the United States, Canada, Switzerland, and other countries around the world.
Led nationally by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Greece Man Sentenced for Food Stamp FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mohammad Qadi, 35, of Greece, N.Y., who was convicted of unlawful use and acquisition of food stamp benefits and mail fraud, was sentenced to three years supervised release and ordered to pay restitution of $75,744 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that between November 2008 and July 2010, the defendant fraudulently acquired and possessed more than $120,000 in food stamp benefits issued by the United States Department of Agriculture. Qadi did so while operating Nick’s Super Store, which was then located at 460 Monroe Avenue in Rochester.
Food stamp benefits were issued by the Food and Nutrition Service Agricultural Department through New York State’s social service agencies to eligible beneficiaries. The beneficiaries were required to purchase eligible food items with the benefits. Instead, the defendant purchased the food stamp benefits for less than their full value by swiping the benefits cards through the terminal at Nick’s Super Store and then giving the food stamp card holders cash equal to 50% of the value of the benefits. Qadi also falsely represented to an insurance company that he was injured and unable to work while he was employed and working at Nick’s Super Store.
The sentencing is the culmination of an investigation on the part of Special Agents of the USDA-Office of the Inspector General, under the direction of Special Agent William G. Squires, Jr., and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Grand Jury Returns IndictmentsRead the Press Release
MINNEAPOLIS—A federal grand jury in the District of Minnesota, sitting in Minneapolis, recently returned the following indictments. You are advised that a charge is merely an accusation, and that a defendant is presumed innocent until and unless proven guilty. Any sentence is determined by a federal district judge.Little Falls man charged with conspiring to distribute methamphetamine
James Kelly Benson, age 30, of Little Falls, was charged with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.
If convicted, Benson faces a potential maximum penalty of life in prison on the conspiracy count and 20 years on the possession count. This case is the result of an investigation by the Federal Bureau of Investigation and the Central Minnesota Violent Offender Task Force. It is being prosecuted by Assistant United States Attorney Thomas Calhoun-Lopez.Arkansas man charged with bank robbery
Kenja Omar Deangelo Carmichael, age 35, of West Memphis, Arkansas, was charged with one count of bank robbery.
If convicted, Carmichael faces a potential maximum penalty of 20 years in prison. This case is the result of an investigation by the FBI and the Duluth Police Department. It is being prosecuted by Assistant U.S. Attorney Andrew Dunne.Man charged with identity theft
Keith Michael Novak, age 25, unknown address, was charged by Information with one count of identity theft.
If convicted, Novak faces a potential maximum penalty of five years in prison. This case is the result of an investigation by the FBI. It is being prosecuted by Assistant U.S. Attorneys Charles Kovats and Andrew R. Winter.Getaway Driver in Hobbs Act Robbery and Murder of Woonsocket Gas Station Manager Sentenced to 40 Years in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – Jose A. Santiago, 36, of Springfield, Mass., was sentenced today in U.S. District Court in Providence, R.I., to serve 40 years in prison for his role in the September 2010 armed robbery and murder of Woonsocket gas station manager David D. Main.
United States Attorney Peter F. Neronha, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Vincent B. Lisi of the FBI’s Boston Field Office, Col. Steven G. O’Donnell, Superintendent of the Rhode Island State Police, and Chief Thomas S. Carey of the Woonsocket Police Department made the announcement.
According to court documents, Main, 49, was chased, shot to death at close range and robbed by Jason Wayne Pleau, 36, of Providence, as he approached the doorstep of a Woonsocket bank where he was preparing to deposit thousands of dollars in cash belonging to the gas station. Santiago was the getaway driver of a box truck parked a block away from the bank in which Pleau fled moments after he robbed and fatally shot Mr. Main.
Pleau, who pleaded guilty on July 31, 2013, to conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and carrying, using and discharging a firearm during and in relation to a federal crime of violence resulting in death was sentenced in October 2013 to serve life in federal prison.
Santiago pleaded guilty on Sept. 5, 2013, to conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and carrying, using, and discharging a firearm during and in relation to a federal crime of violence resulting in death. No plea agreement was filed in this matter. At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Santiago to serve 5 years of supervised release upon completion of his prison term.
Co-defendant Kelly Marie Lajoie, 36, of Springfield, pleaded guilty on Dec. 9, 2011, to Hobbs Act conspiracy, aiding and abetting a Hobbs Act robbery and use of a firearm during a federal crime of violence. Lajoie is scheduled to be sentenced on Feb. 19, 2014.
The matter was investigated by the Woonsocket Police Department, Rhode Island State Police and the FBI, with the assistance of the U.S. Marshals Service and the Rhode Island National Guard.
The case was prosecuted by Assistant U.S. Attorneys Adi Goldstein and William J. Ferland of the District of Rhode Island and Trial Attorney Jacabed Rodriguez-Coss of the Criminal Division’s Capital Case Section.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Georgia Men Sentenced for Orchestrating Bank Fraud SchemeRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced today that three Georgia men were sentenced by U.S. District Judge Patricia Minaldi for operating a counterfeit check scheme that bilked thousands of dollars from business bank accounts in South Central and Southwest Louisiana areas. A jury found them guilty on November 8, 2013, after a five-day trial.
Anthown Latarius Swan, 28, of Fairburn, Ga., was sentenced to 50 months in prison, Orlando Brian Washington, 29, of Riverdale, Ga., was sentenced to 24 months in prison, and Lavar Elliot Kittelberger, 33, of Marietta, Ga., was sentenced to 30 months in prison. Kittleberger was also sentenced to an additional 24 months in prison for aggravated identity theft. They were also all sentenced to five years of supervised release. The defendants are also responsible for paying $74,026 in restitution, except for Kittleberger who is responsible for $67,327. All of the defendants were convicted on charges of conspiracy to defraud a financial institution and possession of stolen mail. Swan and Washington were also convicted of eight counts of fictitious obligations, and Kittelberger was convicted of five counts of fictitious obligations and one count of aggravated identity theft.
According to evidence and testimony presented at the trial, the defendants stayed at Lafayette, La., hotels and stole from area businesses’ mailboxes looking for commercial checks sent to those businesses and drawn on local banks. They used account information on the original checks to print the counterfeit checks and recruited individuals off the street and from homeless shelters who had valid identification to cash the fake checks. Counterfeit checks were cashed at banks in Lafayette, Broussard, Crowley, Lake Charles, and Sulphur. After a search of the group’s hotel room on November 27, 2012, authorities found the 43 original stolen checks worth $155,223 in addition to a computer, printer and blank check paper.
The fourth co-defendant of the group, Kwame Raphael Cunningham, 22, of Augusta, Ga., pleaded guilty on August 22, 2013 and was sentenced on December 6, 2013 to 15 months in prison for conspiracy to defraud financial institutions and 24 months in prison for aggravated identity theft. He also received two years of supervised release. Cunningham is responsible, along with the other defendants, for paying $74,026 in restitution.The U.S. Secret Service, the U.S. Postal Inspection Service, and the Lafayette Police Department, with assistance from the Sulphur Police Department, the Calcasieu Parish Sheriff’s Office and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Brett L. Grayson and Special Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Former Lubbock Resident Indicted by Federal Grand Jury for Production and Possession of Child PornographyRead the Press Release
LUBBOCK, Texas — Jeremy Daniel Labrec, 23, formerly of Lubbock, Texas, was charged in a federal indictment, returned late yesterday by a grand jury in Lubbock, Texas, with one count each of production and possession of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Count One of the indictment alleges that in February 2011, Labrec persuaded, induced and used a minor male, under age 18, to engage in sexually explicit conduct so that Labrec could photograph him.
Count Two of the indictment alleges that between February 5, 2011, and March 17, 2011, when the FBI executed a search warrant at his residence in Lubbock, Labrec possessed a hard disk drive containing child pornography.
According to the Bureau of Prisons, Labrec is currently incarcerated at FCI Otisville, New York. It is unknown when he will appear in Lubbock federal court to face these charges.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the statutory penalty for the production count is not less than 15 years or more than 30 years in prison and for the possession count, not more than 10 years in prison. Both counts also carry a fine of up to $250,000 and a term of supervised release of up to life.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation is being conducted by the FBI. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Former Firefighter in Saipan, Commonwealth of Northern Mariana Islands, Pleads Guilty to Sexual Exploitation of A ChildRead the Press Release
Saipan, CNMI – Richard Sullivan Benavente, age 43, pleaded guilty on February 10, 2014, to sexual exploitation of a child. The guilty plea was announced by Alicia A.G. Limtiaco, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands. According to the plea agreement, Benavente used his cell phone to produce a video of himself and a 15 year-old female engaging in sexually explicit conduct on or about June 23, 2013.
In July 2013, the CNMI Department of Public Safety received a video file from an anonymous source depicting Benavente and a minor female engaging in sexually explicit conduct. The minor was later identified. The same video file was found on Benavente’s cell phone pursuant to a search warrant. Benavente was arrested on a complaint on August 14, 2013. On August 22, 2013, a federal grand jury returned an indictment against Benavente charging him with two counts of sexual exploitation of a child and one count of attempted sexual exploitation of a child in violation of 18 U.S.C. § 2251(a).
Benavente faces a minimum mandatory sentence of 15 years and a maximum sentence of 30 years in prison. Chief Judge Ramona V. Manglona, U.S. District Court of the CNMI, scheduled sentencing for September 10, 2014, at 10:00 a.m.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
U.S. Attorney Limtiaco acknowledged and commended the hard work and investigative efforts of the FBI, and the assistance of the CNMI Department of Public Safety. The case was prosecuted by Assistant U.S. Attorneys Rami S. Badawy and Ross K. Naughton.
Former Correctional Officer Pleads Guilty to Smuggling Cell PhonesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Curtis Drakes, aged 33, of Mitchell County, Georgia, entered a plea of guilty on February 11, 2014, to conspiracy to provide contraband in prison before the Honorable W. Louis Sands, U.S. District Court Judge, in Albany, Georgia.As a part of his plea agreement, Mr. Drakes admitted that from about April 15, 2013 to May 16, 2013, while employed as a Correctional Officer at the Mize Street Detention Facility in Pelham, Georgia, he accepted money from inmates in custody at the facility in exchange for cell phones, which are prohibited objects for the inmates.
The Court scheduled sentencing for May 8, 2014 at 3:00 pm in Albany, Georgia. Mr. Drakes faces a maximum sentence of five (5) years in prison.“When Mr. Drakes smuggled cell phones into a secure detention facility, he not only violated his oath, he put the safety of his fellow guards, law enforcement officers, and potential witnesses in jeopardy. We don’t need people who are locked up using cell phones to conduct illegal business or intimidate witnesses in the community,“ said U.S. Attorney Michael Moore.
The case was investigated by the United States Marshal Service and the Pelham Police Department. Assistant United States Attorney Leah E. McEwen is handling the prosecution for the Government.
Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
Former Civilian Translator Embedded with Military Units in Afghanistan Pleads Guilty to Federal ChargesRead the Press Release
Department of Justice
Office of Public AffairsSHERMAN, Texas – A 39-year-old McKinney, Texas woman has pleaded guilty to federal violations stemming from her employment as a translator embedded with several U.S. military units in Afghanistan, announced U.S. Attorney John M. Bales of the Eastern District of Texas and U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Farida Yusufi, a U.S. citizen of Afghan origin, pleaded guilty to eight counts of a nine-count indictment, unsealed in August 2013, today before U.S. Magistrate Judge Amos Mazzant. Specifically, Yusufi pleaded guilty to five counts of making false statements to a federal agency; two counts of altering a military, naval or official pass; and one count of theft of government records. She has been in federal custody since her arrest in August 2013 by special agents with the FBI’s North Texas Joint Terrorism Task Force (JTTF).
According to documents filed in court, Yusufi received a final Secret security clearance in August 2008, but it was suspended on Oct. 1, 2009, and was never reinstated. Despite those facts, in an interview conducted by FBI and U.S. Army counterintelligence agents in Afghanistan in September 2011, Yusufi falsely told the federal agents that she possessed a Top Secret security clearance “in process,” which she knew was a false and misleading statement. In that interview, to mislead the agents who were trying to determine whether she was gaining access to classified information at a U.S. base in Afghanistan without authorization, she also falsely told them that she had never been fired from a job. In fact, she had previously been fired as a translator while working overseas for the U.S. military.
On Mar. 22, 2012, Yusufi made false statements to FBI agents about whether she had provided false information on her security clearance application form and whether she had actually been employed by a particular U.S. government contractor. She also made those false statements to mislead the FBI agents as to her actual statements to other federal agents and her employment history.
On Feb. 23, 2012, Yusufi again made a false statement to federal agents by stating that she had not applied for a position as a role player for a U.S. government contractor since her return from Afghanistan in September 2011, when, in fact, she had applied for such a position in June 2011 and inquired again about that application upon her return from Afghanistan earlier in September.
On Jan. 18, 2010, Yusufi falsely made, altered and tampered with an official military or government pass, that is a Letter of Authorization issued by or under the authority of the U.S. government, and on Mar. 13, 2013, Yusufi possessed an altered Letter of Authorization. A Letter of Authorization is the equivalent of a set of military orders for a government contractor, such as a contract linguist being deployed overseas, and it enables access to military transportation and military bases. The Letters of Authorization that Yusufi altered and possessed were never issued to her; rather, the original Letter of Authorization was issued to her former spouse.
On Mar. 13, 2013, the FBI executed a search warrant at Yusufi’s home in McKinney. On her computer, the FBI discovered sensitive U.S. military records that she obtained while embedded with the U.S. military and that she had no authority to possess or retain. She admits that she knew she had no right to possess or keep those records, and that she had converted them to her own use.
Statutorily, Yusufi faces a maximum penalty of five years in federal prison and a $250,000 fine for each of the false statement and altering a military, naval or official pass counts, and 10 years in federal prison and a $250,000 fine for the one count of theft of government records. However, according to the plea agreement, if acceptable by the Court, the parties have agreed that a sentencing range of 33 to 41 months in federal prison is an appropriate sentencing range. Yusufi also agreed to pay a $50,000 fine. Yusufi acknowledges that she may not withdraw her plea should the Court choose not to follow these sentencing recommendations. A sentencing date was not set.
This case was investigated by the FBI’s North Texas JTTF.
Assistant U.S. Attorney Andrew Stover, of the Eastern District of Texas, and Assistant U.S. Attorneys Errin Martin and Mark Penley, of the Northern District of Texas, are prosecuting.Former Civilian Translator Embedded with Military Units in Afghanistan Pleads Guilty to Federal ChargesRead the Press Release
SHERMAN, Texas – A 39-year-old McKinney, Texas woman has pleaded guilty to federal violations stemming from her employment as a translator embedded with several U.S. military units in Afghanistan, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas and U.S. Attorney John M. Bales of the Eastern District of Texas.
Farida Yusufi, a U.S. citizen of Afghan origin, pleaded guilty to eight counts of a nine-count indictment, unsealed in August 2013, today before U.S. Magistrate Judge Amos Mazzant. Specifically, Yusufi pleaded guilty to five counts of making false statements to a federal agency; two counts of altering a military, naval or official pass; and one count of theft of government records. She has been in federal custody since her arrest in August 2013 by special agents with the FBI’s North Texas Joint Terrorism Task Force (JTTF).
According to documents filed in the case, Yusufi received a final Secret security clearance in August 2008, but it was suspended on October 1, 2009, and it was never reinstated. Despite those facts, in an interview conducted by FBI and U.S. Army counterintelligence agents in Afghanistan in September 2011, Yusufi falsely told the federal agents that she possessed a Top Secret security clearance “in process,” which she knew was a false and misleading statement. In that interview, to mislead the agents who were trying to determine whether she was gaining access to classified information at a U.S. base in Afghanistan without authorization, she also falsely told them that she had never been fired from a job. In fact, she had previously been fired as a translator while working overseas for the U.S. military.
On March 22, 2012, Yusufi made false statements to FBI agents about whether she had provided false information on her security clearance application form and whether she had actually been employed by a particular U.S. government contractor. She also made those false statements to mislead the FBI agents as to her actual statements to other federal agents and her employment history.
On February 23, 2012, Yusufi again made a false statement to federal agents by stating that she had not applied for a position as a role player for a U.S. government contractor since her return from Afghanistan in September 2011, when, in fact, she had applied for such a position in June 2011 and inquired again about that application upon her return from Afghanistan earlier in September.
On January 18, 2010, Yusufi falsely made, altered and tampered with an official military or government pass, that is a Letter of Authorization issued by or under the authority of the U.S. government, and on March 13, 2013, Yusufi possessed an altered Letter of Authorization. A Letter of Authorization is the equivalent of a set of military orders for a government contractor, such as a contract linguist being deployed overseas, and it enables access to military transportation and military bases. The Letters of Authorization that Yusufi altered and possessed were never issued to her; rather, the original Letter of Authorization was issued to her former spouse.
On March 13, 2013, the FBI executed a search warrant at Yusufi’s home in McKinney. On her computer, the FBI discovered sensitive U.S. military records that she obtained while embedded with the U.S. military and that she had no authority to possess or retain. She admits that she knew she had no right to possess or keep those records, and that she had converted them to her own use.
Statutorily, Yusufi faces a maximum penalty of five years in federal prison and a $250,000 fine for each of the false statement and altering a military, naval or official pass counts, and 10 years in federal prison and a $250,000 fine for the one count of theft of government records. However, according to the plea agreement, if acceptable to the Court, the parties have agreed that a sentencing range of 33 to 41 months in federal prison is an appropriate sentencing range. Yusufi also agreed to pay a $50,000 fine. Yusufi acknowledges that she may not withdraw her plea should the Court choose not to follow these sentencing recommendations. A sentencing date was not set.
The case was investigated by the FBI’s North Texas JTTF.
Assistant U.S. Attorneys Errin Martin and Mark Penley, of the U.S. Attorney’s Office in Dallas, and Assistant U.S. Attorney Andrew Stover, of the U.S. Attorney’s Office in Plano, Texas, are prosecuting.
Former Chiropractor, David Lee Killen, Indicted on Health Care Fraud and Aggravated Identity Theft ChargesRead the Press Release
DAVID LEE KILLEN, age 42, a resident of Covington, Louisiana, was charged today in a thirty-count health care fraud and four-count aggravated identity theft indictment by a Federal Grand Jury for his submission of fraudulent claims to Medicare, Medicaid and private insurers, announced U.S. Attorney Kenneth Allen Polite, Jr.
According to the indictment, KILLEN submitted bills to insurers for chiropractic adjustments, X-rays, and expensive allergy tests and back braces that he never provided. KILLEN is also charged with billing insurers for back braces at a rate of nearly $1,000 each, but actually providing a cheaper substitute to his patients that would not have been reimbursed at the same rate.
The indictment also charges aggravated identity theft for KILLEN’S alleged use of the medical doctor’s insurance provider numbers in conjunction with his health care fraud scheme. If an insurer would not reimburse certain services when provided by a chiropractor or licensed physical therapist, KILLEN allegedly billed the service as though it was provided by a medical doctor.
KILLEN is also alleged to have offered incentives and breaks for patient co-payments to his patients if they would agree to have an expensive allergy blood test for which his cost was $600 but for which he was reimbursed nearly $4,500. The indictment alleges that KILLEN even billed for a two-year-old to have the expensive test, although a cheaper pediatric version of the test was available.
If convicted, KILLEN faces a ten-year term of imprisonment for each of the health care fraud counts, along with two years of imprisonment for each of the aggravated identity theft counts. KILLEN is also subject to a fine of $250,000 and three years of supervised release following any term of imprisonment.
The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services. The case is being prosecuted by Special Assistant United States Attorney Juliana A. Etland.
(Download Indictment )
Former CFO Arrested for Failure to Pay Employment TaxRead the Press Release
HOUSTON - Lanny C. McCandles has been arrested for failing to pay employment tax and other tax offenses, announced United States Attorney Kenneth Magidson.
A federal grand jury returned the 16-count indictment Tuesday, Feb. 11, 2014. He was arrested today and is expected to make his initial appearance before U.S. Magistrate George C. Hanks tomorrow at 10:00 a.m.
According to the indictment, McCandles was the Chief Financial Officer for Complete Care Medical Inc. In that role, he was responsible for collecting, truthfully accounting for, and paying over the company’s employment taxes, including funds withheld in trust from employee paychecks to pay income tax and Medicare and Social Security taxes. However, instead of paying these taxes, McCandles allegedly embezzled the withheld funds between 2008 and 2010 and used them to pay personal expenses.
The indictment further alleges McCandles made false personal tax returns. He allegedly attached fictitious Forms W-2 claiming withholdings when, in fact, he did not have any withholdings from his wages. He also attached fictitious W-2s to tax returns he prepared on behalf of his girlfriend, according to allegations.
The indictment alleges actual and attempted tax loss to the U.S. Treasury of more than $134,000.
If convicted, McCandles faces a maximum of five years on each of the nine counts of failure to pay employment taxes, as well as three years on each of three counts of making a false tax return and four counts of preparing false tax returns.
IRS-Criminal Investigation and the U.S. Treasury Inspector General for Tax Administration investigated the case. Assistant U.S. Attorney Stephen L. Corso is prosecuting.
Feds Wrap up ‘Operation Safe Harbors’ locating Wanted Felons and Sex Offenders in SW WashingtonRead the Press Release
Three Day Enforcement Operation Concludes with Training for Police, Tribal, and School Staff on Child Safety Information
A three-day enforcement operation led by the U.S. Marshal Service concluded today with the apprehension of 89 felons including 10 sex offenders in Southwest Washington, announced U.S. Attorney Jenny A. Durkan. ‘Operation Safe Harbors’ was aimed at locating wanted felons and checking the status of registered sex offenders in Grays Harbor, Pacific, and Mason Counties. The operation concludes with a day-long training for local law enforcement, tribal authorities, victim advocates, and school staff about child safety issues related to sex predators and online communication.
“I commend the leadership of the U.S. Marshal Service working with local law enforcement to remove wanted felons from the community,” said U.S. Attorney Jenny A. Durkan. “Just one offender can have a significant impact on a smaller community. Sex offenders in rural areas, just like those in urban settings, need to know that law enforcement is watching. The training today will ensure that more adults will be attuned to the current threats to the safety of our children.”
Working with local sheriff and police departments, the U.S. Marshal Service identified felons who were the subject of warrants from various jurisdictions. Over three days, six teams of law enforcement officers arrested 89 offenders on fugitive warrants. As part of their sex offender registration responsibilities, the Marshal Service did compliance checks on 101 sex offenders in Grays Harbor County to ensure they are complying with their conditions of release. The compliance checks also included the collection of DNA samples for the sex offenders who had not yet provided a DNA sample to the data base.
The work of the Pacific Northwest Violent Offender Task Force led to arrests outside the state of Washington. Sex offenders with warrants out for their arrest in Grays Harbor County were arrested in Idaho, Oregon, near Reno, Nevada, and in San Diego, California. A defendant wanted for child molestation in Grays Harbor County was arrested by the task force in Montesano, Washington.
In a day-long training for local law enforcement, victim advocates, and service providers, experts provided information on identifying and prosecuting child sex trafficking, child pornography, and sex offender failure to register violations. Speakers discussed internet safety and ways to identify victims of child exploitation.
Those participating in Operation Safe Harbors include Pacific Northwest Violent Offender Task Force, United States Attorney’s Office, Grays Harbor County Sheriff, Mason County Sheriff, Pacific County Sheriff, Hoquiam Police Department, Washington State Department of Corrections, and Squaxin Island Tribal Police.
Federal Grand Jury Indicts Slaton, Texas, Man for Producing Child PornographyRead the Press Release
LUBBOCK, Texas — Dale Wray Fulford, 77, of Slaton, Texas, has been charged in a federal indictment with one count of production of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Fulford is currently in custody on related state charges. A date has not yet been set for him to make his initial appearance in federal court.
The indictment alleges that between February 2013 and early February 2014, Fulford used, persuaded, induced and enticed a female minor, under age 18, to engage in sexually explicit conduct that he recorded on a digital camera.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the statutory penalty is not less than 15 years or more than 30 years in federal prison, a $250,000 fine and a lifetime of supervised release.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation is being conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Lubbock County Sheriff’s Office. Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, is in charge of the prosecution.
Federal Grand Jury Indicts Seven in Cocaine Distribution ConspiracyRead the Press Release
One Defendant Also Faces Firearms Charges
LUBBOCK, Texas— A federal grand jury returned a four count indictment late yesterday charging seven defendants for their roles in a conspiracy to distribute cocaine, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Each of the following defendants is charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine:
Manuel Carrillo Ortiz, 38
Martin Cardona Gutierrez, 46
Refugio Navarrete Gutierrez, 34
Efren Fabela Lopez, 34
Gisselle Lujan, 26
Jerardo Salcedo Garcia, 27
Javier Lopez Lujan, 47
Defendants Manuel Ortiz, Martin Gutierrez, Refugio Gutierrez and Efren Lopez are also each charged with one substantive count of possession with intent to distribute five kilograms or more of cocaine and aiding and abetting.
Defendant Martin Gutierrez is also charged with one count of being a felon in possession of a firearm and one count of possession of a firearm in furtherance of a drug trafficking crime.
All of the defendants, except for Javier Lopez Lujan, are in custody. Javier Lopez Lujan remains at large. A date has not yet been set for them to make their initial appearance in federal court.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the statutory maximum penalties are: conspiracy - life in prison and a $10 million fine; possession - life in prison and a $10 million fine; felon in possession of a firearm - 10 years in prison and a $250,000 fine; and possession of a firearm in furtherance of a drug trafficking crime - life in prison and a $250,000 fine.
The investigation is being conducted by the Lubbock County Sheriff’s Office, Ector County Sheriff’s Office, Midland Police Department, Texas Department of Public Safety, Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Border Patrol.
Assistant U.S. Attorney Justin Cunningham is in charge of the prosecution.
Estherville Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced February 12, 2014, to more than 4 years in federal prison.
Jose Lopez, Jr., 25, from Estherville, Iowa, received the prison term after an October 23, 2013, guilty plea to conspiring to distribute methamphetamine.
At the guilty plea, Lopez, Jr. admitted his involvement in a conspiracy from 2009 through May 2013 that distributed more than 1.5 kilograms of methamphetamine. Lopez, Jr. and a co-defendant traveled to Wisconsin and Minnesota to obtain methamphetamine for later distribution in Iowa. On multiple occasions Lopez, Jr., distributed methamphetamine to undercover officers.
Lopez, Jr. was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lopez, Jr. was sentenced to 59 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Lopez, Jr. is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Clay County Sheriff’s Office and the Minnesota Bureau of Criminal Apprehension.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4048.
District Man Pleads Guilty to the Murder of A Taxi Driver and Felony Assault of Two Police OfficersDefendant Fired at Officers, Forcibly Entered Apartment in Hopes of Evading CaptureRead the Press Release
WASHINGTON – Ercell D. Overton, 32, of Washington, D.C., has pled guilty to second-degree murder while armed and other charges in the fatal shooting last June of taxicab driver Solomon J. Okoroh and a subsequent shoot-out with police, U.S. Attorney Ronald C. Machen Jr. announced.
In addition to the murder charge, Overton pled guilty on Feb. 12, 2014 in the Superior Court of the District of Columbia to two counts of felony assault on a police officer while armed. The Honorable Russell F. Canan scheduled sentencing for April 25, 2014. The plea agreement, contingent upon the Court’s approval, calls for a prison sentence of 25 years to 28 years.
According to the government’s evidence, at approximately 3 a.m. on June 4, 2013, three officers from the Metropolitan Police Department (MPD) were in a police vehicle and on patrol in the Adams Morgan area of Northwest Washington when they heard the sound of a single gunshot. Moments later, the officers observed a speeding Ford Explorer, “Classic Cab” taxi pass their location. The taxicab headed south in the 2300 block of Ontario Road NW, where it crashed into a parked car. As the taxicab passed by the police vehicle, officers observed a muzzle flash and heard the sound of a second gunshot from inside the passenger compartment of the taxi.
Upon impact, officers observed an unarmed man flee from the rear passenger side of the taxi. Two of the officers exited the police vehicle and apprehended the fleeing man without incident after a brief pursuit by foot.
Overton, on foot, then appeared behind the police vehicle and pointed a pistol toward the third officer, who was at the driver’s wheel. That officer exited the vehicle and took cover. Overton then ran behind the fence line of a house in the 2300 block of Ontario Road NW and discharged his weapon in the direction of two of the three police officers, who returned fire. Overton then forcibly entered a basement apartment on the block in an attempt to evade capture. MPD officers subsequently gained entry into the apartment and apprehended Overton and recovered a semi-automatic pistol in close proximity to Overton.
The taxi driver was later identified as Solomon J. Okoroh, 57, of Glenarden, Md. Mr. Okoroh suffered two fatal gunshot wounds to his back. He was taken to a hospital, where he died about two hours after the shooting. Prior to his death, he provided detectives assigned to the case a physical description of his assailant, which matched that of Overton.
In announcing the guilty plea, U.S. Attorney Machen praised those who investigated the case for the MPD, including members of the Third District and Homicide Branch. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kwasi Fields. Finally, he commended the work of Assistant U.S Attorney George Pace, who is prosecuting the matter.
14-039Denver Man Sentenced to Prison Term for Multi-Million Dollar Real Estate Fraud SchemeRead the Press Release
DENVER – Roger K. Howard, age 51, of Englewood, Colorado, was sentenced on Tuesday by U.S. District Court Judge R. Brooke Jackson to serve 108 months in federal prison for wire fraud and money laundering, the United States Attorney’s Office, IRS Criminal Investigation and the Federal Bureau of Investigation announced. Following his prison sentence, Howard was ordered to serve 3 years on supervised release. He also has to pay $8.9 million in restitution to the victims of his crime. The defendant, who appeared at the sentencing hearing free on bond, was ordered to report to a facility designated by the U.S. Bureau of Prison within 15 days from the date of designation.
Howard, along with a co-defendant, Oai Quang Luong, age 45, were indicted by a federal grand jury in Denver on January 25, 2012. Howard pled guilty on June 21, 2013. He was sentenced on February 11, 2014. Howard’s co-defendant, Oai Quang Luong pled guilty to wire fraud on May 22, 2013 and was sentenced by Judge Jackson on August 15, 2013 to serve 18 months in prison. Luong was ordered to pay restitution totaling $3.2 million joint and several with Howard.
According to the facts contained in the indictment as well as the stipulated facts contained in the plea agreement, in 2006 and 2007, Howard devised and participated in three similar but separate mortgage-fraud schemes. The first and larger scheme involved the sales of twenty-six town homes in a development known as Oliveglen Villas on East Princeton Place, Aurora, Colorado. The second scheme involved the sale of a residence in Castle Rock, Colorado, and the third a house in Denver, Colorado. During the relevant times, Howard operated under the business names of Spring Creek Mortgage Real Estate Services and Open Range Development LLC. Howard controlled bank accounts in the names of both companies. Also at the relevant time, Howard’s co-defendant, Oai Luong, worked for a company that processed mortgage loan applications on behalf of potential home buyers. Both Howard and Luong had offices in the same building in Centennial, Colorado.
By the middle of 2006, the developer of Oliveglen Villas had accumulated an inventory of unsold town homes. At that time, two real estate agents attempted to obtain the right to buy some of the town homes, but they were unsuccessful. The agents then were referred to Howard, who told them that he could arrange for individuals, whom he described as investors, to purchase the properties. In August 2006, Howard asked Luong to obtain the $250,000, and Luong did so, using funds loaned by another individual. Howard persuaded seventeen individuals, his so-called investors, to purchase the town homes.
Howard arranged for the individuals to obtain the mortgage loans, and in doing so he knowingly caused the applications for those mortgages to include false or misleading information or omit material information. Many of the applications overstated borrowers’ monthly incomes, often claiming incomes were more than double the actual amounts. Loan applications also contained false information about borrowers’ assets, usually bank account balances. As part of the mortgage application process, a borrower obtained from his or her bank a form known as a Request for Verification of Deposit (VOD), which verified the balance of an account. In this case, VODs were misleading because Howard and others working at his direction arranged for bank account balances to be inflated temporarily; that is, money was deposited into the accounts and, after the balances were verified and the VODs were completed, the money was withdrawn. All of the town-home sales prices were supported by appraisals, most of which were done by an associate of Howard’s which he told the appraiser the amount he wanted.
For each closing, the closing agent prepared a settlement statement, reflecting that the disbursements of loan proceeds included a payment “from Seller’s Funds at Settlement” to Open Range Development. These payments were the “service fees” mentioned in the contract with the developer; they ranged from $85,700 to $117,204. After the closings, Howard used some of that money to make payments to all but one of the buyers, but those payments were not disclosed to the lenders or their underwriters. Howard for a time wrote checks payable to the borrowers to cover the differences between rental incomes and mortgage payments, but he stopped doing so on April 19, 2007. A few borrowers thereafter used their own money to make mortgage payments, but eventually all of the mortgages went into default and the lenders foreclosed. Ultimately there were 20 different victim lenders for the three fraudulent schemes, causing a $8.9 million loss.
“Real estate fraud hurts both individual home buyers, and as the events of 2007 and 2008 so clearly showed, the entire economy as well,” said U.S. Attorney John Walsh. “This lengthy sentence reflects the harm this defendant caused to his 20 victim lenders.”
“The FBI is committed to aggressively pursuing those who commit mortgage fraud. Falsifying information on a loan application and lying to a lender to facilitate approval for a loan is a felony,” said FBI Denver Special Agent in Charge Thomas Ravenelle. “We hope the results of this investigation will deter others who engage in these types of fraud schemes.”
“This sentencing is a strong reminder how serious law enforcement and our courts deal with mortgage fraud,” said Stephen Boyd, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office. “IRS Criminal Investigation is committed to identifying and pursuing individuals who commit such callous fraud.”
This case was investigated by agents with Internal Revenue Service Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation (FBI).
The case was prosecuted by Assistant United States Attorney Suneeta Hazra.Cuyahoga Falls Man Indicted for Trying to Buy A ChildRead the Press Release
Robert W. Thomas, 37, of Cuyahoga Falls, Ohio, was charged with offering to buy a child, enticement, and receiving and distributing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office.
“The conduct laid out in the indictment should sound an alarm for all parents,” Dettelbach said. “We will remain vigilant in protecting our children from predators.”
“Mr. Thomas’ behavior and his stated desires for wanting to buy a child are frightening,” Anthony said. “Law enforcement will continue to proactively and aggressively pursue predators that intend to harm our children and this is yet another reminder for parents to be aware of their child's Internet activities.”
From on or about January 6, 2014, through on or about January 11, 2014, Thomas offered to purchase or otherwise obtain custody or control of a minor, that is, a 10-year-old girl, with the intent to promote the engaging in of sexually explicit conduct by such minor for the purpose of producing a visual depiction of such conduct; and such offer was communicated and transported using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce by any means including by computer, according to the indictment.
The indictment also charges that from on or about January 6, 2014, through on or about January 11, 2014, Thomas knowingly used a computer connected to the Internet and a cellular phone, to attempt to induce a 10-year-old girl to engage in illegal sexual activity with him.
The indictment also charges that from on or about January 1, 2012, through on or about January 11, 2014, Thomas knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Canton Office of the Federal Bureau of Investigation and the Alliance 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.
Couple Sentenced for Conduct in Tax Fraud Scheme Involving Ogden Sports Bar and GrillRead the Press Release
SALT LAKE CITY - Robert Watson, 54, and Marie Watson, 53, both of Pleasant View, Utah, were sentenced Wednesday in U.S. District Court in Salt Lake City for their role in a tax fraud scheme arising out of their operation of Teazers Sports Bar & Grill in Ogden, Utah.
Robert Watson, who pleaded guilty in September to two counts of filing false tax returns, including one corporate return and one personal return, was sentenced to six months incarceration, 12 months of supervised release, and 500 hours of community service. He was also ordered to pay restitution to the IRS in the amount of $39,629.
Marie Watson, who pleaded guilty to one count of filing a false personal tax return, was sentenced to 36 months of probation, and 200 hours of community service. She was ordered to pay $14,602 in restitution to the IRS.
U.S. District Judge Clark Waddoups imposed the sentences.
According to the indictment and other publicly filed documents, during the time the Watsons owned and operated Teazers, they failed to report substantial cash income on Teazers’ corporate returns and on their personal tax returns. Teazers generated large amounts of cash income from entrance fees known as “cover charges” charged at the door of the bar and from other items in the bar such as pool tables and video games. The Watsons deliberately hid this cash income from their tax preparer and caused tax returns to be filed with the IRS that understated their true income.
This case was investigated by the IRS-CI Las Vegas Field Office and was prosecuted by Assistant U.S. Attorney Jason R. Burt for the District of Utah.
Convicted Felon Sentenced to 15 Years for Illegal Possession of FirearmsRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced that MICHAEL WAYNE DAVIS, JR, age 27, of Baton Rouge, Louisiana, was sentenced today by U.S. District Court Chief Judge Brian A. Jackson to serve 180 months in federal prison and three years of supervised release after imprisonment. The sentence results from DAVIS’S conviction for possession of firearms by a convicted felon, in violation of Title 18, United States Code, Section 922.
On February 9, 2012, Baton Rouge Police Officers found DAVIS and the firearms in a bedroom of the house they had entered to execute an arrest and search warrant.
At sentencing, Judge Jackson noted DAVIS’S extensive criminal history, including his prior convictions for burglary and unauthorized entry of an inhabited dwelling, Judge Jackson found DAVIS to be an armed career criminal and subject to a mandatory sentencing enhancement.
This matter was investigated by the Baton Rouge Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant United States Attorney Lyman E. Thornton III.
Chiropractor Arrested for Bribing IRS AuditorRead the Press Release
BOSTON - A chiropractor was arrested today for bribing an IRS auditor.
Stephen Jacobs, 55, of Lowell, was arrested for bribery of a public official. The complaint alleges that Jacobs paid an IRS auditor $5,000 in cash to ignore two deductions he improperly took on this 2011 income tax form. These deductions were in fact payments Jacobs made to two different women because he touched them inappropriately during medical treatments during 2011 and 2012.
A probable cause hearing is scheduled for March 5, 2014 at 2:00 pm.
United States Attorney Carmen M. Ortiz and Robert O’Malley, Special Agent in Charge of the Treasury Inspector General for Tax Administration, made the announcement today. The case is being prosecuted by Eugenia M. Carris of Ortiz’s Public Corruption Unit.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Chilton Man Indicted for Felony Fish and Wildlife ViolationRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin announced that on February 11, 2014, a federal grand jury returned a felony indictment against Todd David Doughty (age: 50), owner of the “Thunderbird Game Farm” in Chilton, Wisconsin, charging him with a single violation of the Migratory Bird Act in violation of 16 U.S.C. Sections 703(a), 707(b)(2) and 18 U.S.C. Section 2. If convicted of the offense, the defendant faces up to two years imprisonment, a $250,000 dollar fine, one year on supervised release and a $100 special assessment.
According to the indictment, Doughty engaged in the illegal sale of a migratory bird in violation of federal law. Mr. Doughty is scheduled for arraignment in United States District Court in Green Bay, Wisconsin, on February 27, 2014 at 11:30 a.m.
The case was investigated by the United States Fish and Wildlife Service and the Wisconsin Department of Natural Resources. It is being prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Chillicothe Couple Plead Guilty in $4 Million Theft, Money Laundering, False Tax Return CaseRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Chillicothe, Mo., husband and wife pleaded guilty in federal court today to charges involving the wife’s embezzlement of nearly $4 million from her employer and their jointly filing a false income tax return not claiming the income from the wire fraud scheme.
Donna M. Preszler, 60, and her husband, Terrance W. Preszler, 63, both of Chillicothe, pleaded guilty before U.S. Magistrate Judge Robert E. Larsen. Donna Preszler pleaded guilty to wire fraud, money laundering and filing a false income tax return. Terrance Preszler pleaded guilty to filing a false income tax return.
Donna Preszler was employed at Burdg, Dunham & Associates Construction Corp. (BDA) in Hamilton, Mo., from 2001 until June 2012, working as an accounting manager since 2004. BDA is a general contractor specializing in retail construction of malls, strip centers, family life centers, and other stand-alone projects. BDA serves customers in all 50 states, Puerto Rico and Canada, primarily building for national retail organizations.
Donna Preszler admitted that she embezzled $3,912,000 in a wire fraud scheme that lasted six years, from June 30, 2006 through June 15, 2012. She also admitted that she conducted financial transactions that involved the proceeds of her criminal activity.
Donna and Terrance Preszler each admitted that they failed to report the fraudulently obtained funds on their federal income tax returns for tax years 2007 through 2012. During that time, the Preszlers filed their federal income tax returns jointly and should have paid $1,236,690 in taxes on their unreported fraudulent income from BDA. For example, the Preszlers claimed their income in 2012 was only $46,863. Including the embezzled funds, according to today’s plea agreements, their income was actually $851,863 and they should have paid an additional $253,641 in taxes.
Donna Preszler utilized her role as accounting manager to add false and fictitious non-taxable payments, such as expense reimbursements, to herself. Donna Preszler transferred approximately $3,912,000 in fraudulent payments to herself and her family.
Donna Preszler also added false and fictitious overtime hours and overtime pay to her weekly payroll. Donna Preszler received $137,121 in unauthorized overtime payments to herself from November 2004 through June 2006, which were subject to BDA withholding income taxes.
Donna Preszler concealed her transfers by password protecting her payroll information, creating false and fictitious expense accounts and otherwise manipulating BDA’s payroll and accounting records.
Under the terms of today’s plea agreements, the Preszlers must forfeit to the government any property derived from the proceeds of the criminal violations, including a money judgment of $3,912,000, two residential lots, two 14kt diamond rings, 10 vehicles (a 2007 Ford Taurus, a 2007 Mazda CX-7, a 2011 Nissan Versa, a 2010 Nissan 370Z, a 2011 Ford F150, a 2010 Ford F150, a 2010 Ford Escape, a 2012 Ford Explorer and a 2012 Nissan Rogue), three 2011 Yamaha ATVs and several bank accounts and funeral trust accounts. Most of those items have been seized by law enforcement agents.
Under federal statutes, Donna Preszler is subject to a sentence of up to 33 years in federal prison without parole, plus a fine up to $600,000 and an order of restitution. Terrance Preszler is subject to a sentence of up to three years in federal prison without parole, plus a fine up to $100,000 and an order of restitution. Sentencing hearings will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jess E. Michaelsen. It was investigated by the FBI and IRS-Criminal Investigation.Child Pornography Charged Filed on Sheffield Lake ManRead the Press Release
William D. Emery, 28, of Sheffield Village, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about August 16, 2012, through on or about August 19, 2012, Emery knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that on December 14, 2012, Emery possessed a computer and an external hard drive, each that contained child pornography.
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 Elyria Office of the Federal Bureau of Investigation.
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.
Canadian Woman with Multiple Identites Sentenced Formaking False StatementsRead the Press Release
BUFFALO N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Elizabeth Reid, a/k/a Elizabeth Rodriguez, a/k/a Elizabeth Ortiz, 31, an alien from Canada, who was convicted of making a false statement, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on July 2, 2013, the defendant was arrested by United States Border Patrol after officers received a tip that Reid was living in the United States illegally. The defendant, at the time of her arrest, falsely represented to officers that she was not Elizabeth Reid but rather Elizabeth Ortiz. Reid presented as proof a fraudulent California birth certificate in the name of Elizabeth Ortiz. Officers entered the defendant’s fingerprints into the Integrated Automated Fingerprint Identification System which revealed the Reid’s true identity. The system also revealed that the defendant used Elizabeth Rodriquez as another identity.
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Border Patrol, under the supervision of Patrol Agent in Charge Tom Pocorobba, Jr.
Bridgestone Corp. Agrees to Plead Guilty to Price Fixing on Automobile Parts Installed in U.S. CarsRead the Press Release
Bridgestone Corp., a Tokyo, Japan-based company, has agreed to plead guilty and to pay a $425 million criminal fine for its role in a conspiracy to fix prices of automotive anti-vibration rubber parts installed in cars sold in the United States and elsewhere, the Department of Justice announced today.
According to a one-count felony charge filed today in U.S. District Court for the Northern District of Ohio in Toledo, Bridgestone engaged in a conspiracy to allocate sales of, to rig bids for and to fix, raise and maintain the prices of automotive anti-vibration rubber parts it sold to Toyota Motor Corp., Nissan Motor Corp., Fuji Heavy Industries Ltd., Suzuki Motor Corp., Isuzu Motors Ltd. and certain of their subsidiaries, affiliates and suppliers, in the United States and elsewhere. In addition to the criminal fine, Bridgestone also has agreed to cooperate with the department’s ongoing auto parts investigations. The plea agreement is subject to court approval.
In October 2011, Bridgestone pleaded guilty and paid a $28 million fine for price-fixing and Foreign Corrupt Practices Act violations in the marine hose industry, but did not disclose at the time of the plea that it had also participated in the anti-vibration rubber parts conspiracy. Bridgestone’s failure to disclose this conspiracy was a factor in determining the $425 million fine.
“The Antitrust Division will take a hard line when repeat offenders fail to disclose additional anticompetitive behavior,” said Brent Snyder, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. “Today’s significant fine reaffirms the division’s commitment to holding companies accountable for conduct that harms U.S. consumers.”
According to the charges, Bridgestone and its co-conspirators carried out the conspiracy through meetings and conversations in which they discussed and agreed upon bids, prices and allocating sales of certain automotive anti-vibration rubber products. After exchanging this information with its co-conspirators, Bridgestone submitted bids and prices in accordance with those agreements and sold and accepted payments for automotive anti-vibration rubber parts at collusive and noncompetitive prices. Bridgestone’s involvement in the conspiracy to fix prices of anti-vibration rubber parts lasted from at least January 2001 until at least December 2008.
“The Cleveland Division of the FBI is committed to aggressively investigating price-fixing and other antitrust violations,” said Special Agent in Charge Stephen D. Anthony. “The illegal activity in this case threatened the basic tenet of free competition. We are pleased with the acceptance of responsibility along with the significant penalty which will be paid by Bridgestone for this conspiracy to fix prices. Together with our partners in the Department of Justice’s Antitrust Division, we will continue to combat illegal practices which threaten consumers across the United States.”
Bridgestone manufactures and sells a variety of automotive parts, including anti-vibration rubber parts, which are comprised primarily of rubber and metal, and are installed in suspension systems and engine mounts as well as other parts of an automobile. They are installed in automobiles for the purpose of reducing road and engine vibration.
Including Bridgestone, 26 companies have pleaded guilty or agreed to plead guilty in the department’s ongoing investigation into price fixing and bid rigging in the automotive parts industry. The companies have agreed to pay a total of more than $2 billion in criminal fines. Additionally, 28 individuals have been charged.
Bridgestone is charged with price fixing in violation of the Sherman Act, which carries maximum penalties of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s prosecution is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by each of the Antitrust Division’s criminal enforcement sections and the FBI. Today’s charge was brought by the Antitrust Division’s Chicago Office and the FBI’s Cleveland Field Office, with the assistance of the FBI headquarters’ International Corruption Unit and the U.S. Attorney’s Office for the Northern District of Ohio. Anyone with information concerning this investigation should contact the Antitrust Division’s Citizen Complaint Center at 1–888–647–3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Cleveland Field Office at 216-522-1400.Brecksville Man and His Brother Indicted Scheme Involving Sale of Counterfeit Baseball CardsRead the Press Release
A Brecksville man and his brother were indicted for operating a scheme to defraud people who believed they were bidding on rare and collectable baseball cards on eBay including Babe Ruth and Mickey Mantle cards, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Steven Norris, age 38, of Brecksville, Ohio, and his brother, Scott Norris, age 40, of Milton, Penn., are named in the nine-count indictment. The charges include mail fraud and wire fraud.
“The charges allege that the defendants made tens of thousands of dollars in fraud proceeds using the great legends of baseball as trade bait,” Dettelbach said. “Now it is the defendants who are hooked. The Secret Service did a tremendous job putting this case together.”
Beginning in 2006 through 2012, Steven and Scott Norris advertised various baseball cards for sale on eBay. They utilized numerous email addresses to list the cards for sale. The cards, if genuine, would have been rare and valuable, including 1952 Mickey Mantle cards and 1933 Babe Ruth cards, according to the indictment.
The Norris’ accepted payments from bidders but failed to deliver the cards as required. In some instances, Steven and Scott Norris sent counterfeit or “reprinted” cards to successful bidders rather than the genuine cards advertised for sale, according to the indictment.
In other instances, Steven and Scott Norris contacted individuals who bid on the cards, represented the high bidder was unable to complete the transaction, and asked if the “runner up” bidder was interested in buying the item. They would then negotiate a sales price and direct the buyer to mail a cashier’s check to an address in Brecksville owned by the defendants’ parents. After receiving payment, Steven and Scott Norris would fail to deliver the items in question or sent counterfeit or “reprinted” baseball cards to the buyers, according to the indictment
As a result of the scheme, individual bidders and PayPal suffered losses totaling approximately $60,310, according to the indictment.
The indictment charges that in furtherance of the scheme, the defendants mailed or caused certain items to be mailed via the U.S. Postal Service and transmitted or caused the transmission of certain interstate wire communications.
The case is being prosecuted by Assistant United States Attorney Robert W. Kern following an investigation by the United States Secret Service.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Brazilian National Sentenced for Immigration FraudRead the Press Release
A citizen and national of Brazil, Andrea Carla Barbosa, 36, of Orange Beach, was sentenced today to five years of probation and removal from the country after pleading guilty to immigration fraud, United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today.
Barbosa pled guilty in November to attempting to obtain citizenship by fraud. She entered the United States in 2001 and after overstaying her visa, she applied for naturalization based on a fraudulent marriage to a United States citizen. Although Barbosa was sentenced to five years of probation, a requirement of her probation is that she voluntarily leave the United States in March or be deported.
The investigation was conducted by the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant United states Attorney Sean P. Costello.
Baton Rouge Woman Sentenced to over Five Years in Prison for Filing False Tax Returns with Stolen IdentitiesRead the Press Release
BATON ROUGE, LA –United States Attorney Walt Green announced that yesterday, U.S. District Judge Shelly D. Dick sentenced MONA R. HILL, age 32, of Baton Rouge, Louisiana, to 65 months imprisonment for wire fraud and aggravated identity theft. HILL was also sentenced to serve three years of supervised release following her release from imprisonment and ordered to pay the Internal Revenue Service (IRS) $491,268 in restitution.
During her guilty plea hearing last year, HILL admitted that she schemed to defraud the IRS by submitting hundreds of false tax returns in the names of other individuals for the purpose of receiving thousands of dollars in tax refunds. HILL accomplished the scheme by fraudulently obtaining the names and personal identifying information, including social security numbers, of individuals without their knowledge or consent. Using the information, HILL submitted false income tax returns to the IRS electronically via an internet tax program. The applications falsely represented that the individuals had worked for various companies during 2011 and were eligible for income tax refunds. In fact, these individuals had not worked for or earned wages from the companies reflected in the fraudulent tax returns, nor had the victims authorized HILL to submit any such returns on their behalf.
From in or about January 2012 through in or about July 2012, HILL submitted approximately 488 false tax returns, falsely claiming refunds totaling approximately $661,258. As a result of her scheme, HILL actually received nearly $500,000.
United States Attorney Walt Green stated: “This sentence should send a clear message that identity theft will not be tolerated. Our office will continue to aggressively pursue and prosecute those who would steal other individuals’ identities and submit false tax returns in an effort to line their pockets.”
Gabriel L. Grchan, Special Agent-in-Charge of IRS – Criminal Investigation, stated, “We are pleased with the sentence the Court imposed on Mona Hill. Identity theft is a growing problem, and can make honest taxpayers face a more difficult time obtaining their lawful refund. The IRS is vigilant in our investigation of these schemes and will continue to work with the United States Attorney’s Office to combat this type of criminal conduct."
This investigation was conducted by IRS - Criminal Investigations Division. The matter is being prosecuted by Assistant United States Attorney Shubhra Shivpuri.
Anchorage Drug Trafficker Receives Ten Year SentenceRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that Albert Diaz Gumataotao, III, a resident of Anchorage, has been sentenced in federal court in Anchorage to 120 months in prison for his conviction of the crime of drug trafficking conspiracy.
United States District Court Judge Sharon L. Gleason imposed the sentence on 24 year-old Gumataotao.
According to information presented to the court by Special Assistant United States Attorney Erin White Bradley, who prosecuted the case, Gumataotao and his co-defendant, David Alan Gonzales, accepted delivery of a package containing 52 grams of pure methamphetamine. Co-defendant Gonzales is pending trial in this matter.
Prior to imposing sentence, Judge Gleason noted the serious nature of the offense, the defendant’s history and the need to protect the public.
Ms. Loeffler commends the United States Postal Inspection Service and the Anchorage Police Department for the investigation leading to the convictions in this case. Special Assistant U.S. Attorney Bradley is a prosecutor in the U.S. Attorney’s Office funded by the Municipality of Anchorage for the purpose of prosecuting gang-related and violent crime cases.
Ammunition Smugglers SentencedRead the Press Release
McALLEN, Texas – Mexican nationals Gregorio Rodriguez-Aranda, 25, and Maria Luisa Sanchez-Lopez, 24, have been sentenced following their convictions relating to the exportation of 707 rounds of 7.62mm ammunition and 98 AK47 magazines, announced United States Attorney Kenneth Magidson. Both pleaded guilty Nov. 25, 2013.
Today, U.S. District Judge Micaela Alvarez sentenced Rodriguez and Sanchez to 57 and 46 months imprisonment, respectively. The court enhanced the sentences because the couple used their five-year-old child to further the offense by traveling as a family unit and thereby concealing the true unlawful purpose of the trip. Additionally, Judge Alvarez noted that Rodriguez and Sanchez, in committing this offense, have contributed to the violence in Mexico that cause so many flee to the United States.
Rodriguez and Sanchez have been in custody since their arrest where they will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by Homeland Security Investigations and Customs and Border Protection. Assistant United States Attorneys Kristen J. Rees is prosecuting.
Akron Man Charged with Child PornographyRead the Press Release
Nicholas B. Bowers, 30, of Akron, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, transferring obscene material to a juvenile and enticement, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about January 1, 2011, through on or about January 13, 2014, Bowers knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that Bowers knowingly used a device connected to the Internet, to attempt to persuade, induce, entice and coerce a twelve (12) year-old girl to engage in illegal sexual activity with him. The indictment also charges that Bowers used a facility and means of interstate commerce, that is, a device connected to the Internet, to knowingly transfer obscene matter, that is, a video file containing visual depictions of himself masturbating, to an individual who he knew had not attained the age of 16 years, that is, a 12-year-old girl.
The indictment also charges that on January 13, 2014, Bowers possessed two computers, a USB storage device, a cellular phone and numerous DVDs, each that contained child pornography.
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, the Springfield Township Police Department, and the Toronto Police Service.
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.
14 Indicted in Major Central Valley-Based Drug Trafficking RingRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 32-count indictment today against Francisco Felix, 40, of Mountain House; Alejandro Martinez, 25, of Patterson; Miguel Felix, 34, of Ceres; Martin Lopez, 48, of Rosemead; Gerardo Barraza, 19, of Stockton; Rafael Alcauter, 49, of Newman; Ramon Diaz, 33, of Ceres; Raul Rangel, 41, of San Jose; Sergio Modesto, 34, of Turlock; Martin Rubio, 49, of Stockton; and Patterson residents Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramirez, 35, and Augustin Ramirez, 62, charging them with a variety of federal drug offenses, United States Attorney Benjamin B. Wagner announced.
Combinations of these defendants were charged variously with conspiracy to distribute and to possess with intent to distribute methamphetamine; conspiracy to manufacture, distribute, and to possess with intent to distribute marijuana; conspiracy to distribute and to possess with intent to distribute cocaine; distribution of methamphetamine; manufacture of marijuana; and possession with intent to distribute marijuana.
This case arose from a year-long narcotics investigation that revealed a drug trafficking organization with connections to the Sinaloa Drug Cartel in Mexico was based in the Central Valley of California, and importing large amounts of methamphetamine and cocaine into the United States. The drug trafficking organization subsequently distributed those narcotics throughout California and the United States. In addition, the investigation revealed that the organization was cultivating marijuana at numerous properties in both Stanislaus and San Joaquin counties, which it similarly distributed throughout California and the United States.
“Through our joint enforcement efforts, we’ve dismantled a criminal organization that posed a serious public safety threat, as evidenced by the weapons and drugs seized during the course of this case,” said Dan Lane, assistant special agent in charge for Homeland Security Investigations (HSI) Sacramento. “The arrests and resulting indictments in this investigation have disrupted a potentially deadly supply chain and prevented an untold volume of dangerous drugs from reaching our streets.”
Over the last nine months, investigators acquired over 70 pounds of methamphetamine, approximately three pounds of high-grade marijuana, and six firearms, including three assault-style rifles and a .50-caliber handgun, from members of the organization. Moreover, an additional 10 pounds of methamphetamine were seized by law enforcement from a member’s Los Angeles area residence on December 9, 2013.
This case was the product of an investigation by the California Department of Justice’s Mountain and Valley Marijuana Investigation Team under the auspices of the Central Valley High Intensity Drug Trafficking Area (HIDTA) Program, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Placer County District Attorney’s Office, the Sheriff’s Departments from Placer, El Dorado and Sacramento counties; the California Department of Fish and Wildlife; and the California National Guard Joint Task Force Domestic Support-Counterdrug.
If convicted of the charged offenses, the defendants face a minimum of five years up to life in prison, as well as a fine of up to $10 million. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
14 Acusados En Importante Red De Tráfico De Drogas En Central ValleyRead the Press Release
SACRAMENTO, Calif. — — Un gran jurado federal devolvió hoy 32 acusaciones en contra de Francisco Félix, 40, de Mountain House; Alejandro Martínez, 25, de Patterson; Miguel Félix, 34, de Ceres; Martín López, 48, de Rosemead; Gerardo Barraza, 19, de Stockton; Rafael Alcauter, 49, de Newman; Ramón Díaz, 33, de Ceres; Raúl Rangel, 41, de San José; Sergio Modesto, 34, de Turlock; Martín Rubio, 49, de Stockton; y los residentes de Patterson, Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramírez, 35, y Agustín Ramírez, 62, acusàndoles de una variedad de ofensas federales relacionadas con drogas, anunció el procurador federal del distrito oriental de California Benjamin B. Wagner.
Estos demandados fueron acusados de varias maneras con conspiración de distribuir y posesión con la intención de distribuir metanfetamina; conspiración de producir, distribuir y poseer con la intención de distribuir marihuana; conspiración de distribuir y posesión con la intención de distribuir cocaína; distribución de metanfetamina; producción de marihuana; y posesión con la intención de distribuir marihuana.
Este caso surgió de una investigación de un año de narcóticos que reveló que una organización de tràfico de drogas con conexiones con el Cartel de Drogas de Sinaloa en México, estaba basada en el Central Valley de California, e importaba grandes cantidades de metanfetamina y cocaína a los Estados Unidos. Subsiguientemente, la organización de tràfico de drogas distribuía esos narcóticos por toda California y los Estados Unidos. Adicionalmente, la investigación reveló que la organización estaba cultivando marihuana en numerosas propiedades en los condados de Stanislaus y San Joaquín, la cual de igual manera era distribuida por toda California y los Estados Unidos.
“Por medio de nuestros esfuerzos conjuntos de ejecución, hemos desmantelado una organización criminal que presentaba una grave amenaza a la seguridad pública, como lo evidencian las armas y drogas confiscadas durante el curso de este caso”, dijo Dan Lane, agente especial ayudante encargado de Investigaciones de Seguridad Nacional (HSI) de Sacramento. “Los arrestos y acusaciones resultantes en esta investigación han interrumpido una cadena de suministro potencialmente mortal y evitado que un gran volumen de drogas peligrosas se distribuyera en nuestras calles.”
Durante los últimos nueve meses los investigadores adquirieron de miembros de la organización màs de 70 libras de metanfetamina, aproximadamente tres libras de marihuana de alta calidad y seis armas de fuego, incluyendo tres rifles de asalto y unapistola de mano calibre .50.. Màs aún, el 9 de diciembre de 2013, los agentes policiales confiscaron diez libras adicionales de metanfetamina de la residencia de un miembro en el àrea de Los Ángeles.
Este caso fue el producto de una investigación del Equipo de Investigación de Marihuana de Montaña y Valle del Departamento de Justicia de California bajo los auspicios del Programa de Tràfico de Drogas de Alta Intensidad del Central Valley (HIDTA), los Cuerpos de Seguridad de Inmigración y Aduanas (ICE) de los Estados Unidos, Investigaciones de Seguridad Nacional (HSI), la Oficina del Procurador del Distrito del Condado Placer, los Departamentos del Alguacil de los condados Placer, El Dorado y Sacramento; el Departamento de Pesca y Fauna de California; y el Cuerpo Especial Doméstico de Apoyo contra las Drogas de la Guardia Nacional de California.
Si son condenados por las ofensas acusadas, los demandados se enfrentan a un mínimo de 5 años hasta cadena perpetua, así como una multa de hasta $10,000,000. Cualquier sentencia, sin embargo, sería determinada a discreción del tribunal después de considerar cualquier factor legislativo aplicable y las Normas Federales a seguir a la hora de dictar sentencia, las cuales toman en consideración un número de variables.
Los cargos son solamente alegaciones; los demandados se les supone inocentes hasta y a menos que se demuestre su culpabilidad fuera de toda duda razonable.
14 Acusados En Importante Red De Trafico De Drogas En Central ValleyRead the Press Release
SACRAMENTO, Calif. — Un gran jurado federal devolvió hoy 32 acusaciones en contra de Francisco Félix, 40, de Mountain House; Alejandro Martínez, 25, de Patterson; Miguel Félix, 34, de Ceres; Martín López, 48, de Rosemead; Gerardo Barraza, 19, de Stockton; Rafael Alcauter, 49, de Newman; Ramón Díaz, 33, de Ceres; Raúl Rangel, 41, de San José; Sergio Modesto, 34, de Turlock; Martín Rubio, 49, de Stockton; y los residentes de Patterson, Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramírez, 35, y Agustín Ramírez, 62, acusàndoles de una variedad de ofensas federales relacionadas con drogas, anunció el procurador federal del distrito oriental de California Benjamin B. Wagner.
Estos demandados fueron acusados de varias maneras con conspiración de distribuir y posesión con la intención de distribuir metanfetamina; conspiración de producir, distribuir y poseer con la intención de distribuir marihuana; conspiración de distribuir y posesión con la intención de distribuir cocaína; distribución de metanfetamina; producción de marihuana; y posesión con la intención de distribuir marihuana.
Este caso surgió de una investigación de un año de narcóticos que reveló que una organización de tràfico de drogas con conexiones con el Cartel de Drogas de Sinaloa en México, estaba basada en el Central Valley de California, e importaba grandes cantidades de metanfetamina y cocaína a los Estados Unidos. Subsiguientemente, la organización de tràfico de drogas distribuía esos narcóticos por toda California y los Estados Unidos. Adicionalmente, la investigación reveló que la organización estaba cultivando marihuana en numerosas propiedades en los condados de Stanislaus y San Joaquín, la cual de igual manera era distribuida por toda California y los Estados Unidos.
“Por medio de nuestros esfuerzos conjuntos de ejecución, hemos desmantelado una organización criminal que presentaba una grave amenaza a la seguridad pública, como lo evidencian las armas y drogas confiscadas durante el curso de este caso”, dijo Dan Lane, agente especial ayudante encargado de Investigaciones de Seguridad Nacional (HSI) de Sacramento. “Los arrestos y acusaciones resultantes en esta investigación han interrumpido una cadena de suministro potencialmente mortal y evitado que un gran volumen de drogas peligrosas se distribuyera en nuestras calles.”
Durante los últimos nueve meses los investigadores adquirieron de miembros de la organización màs de 70 libras de metanfetamina, aproximadamente tres libras de marihuana de alta calidad y seis armas de fuego, incluyendo tres rifles de asalto y unapistola de mano calibre .50.. Màs aún, el 9 de diciembre de 2013, los agentes policiales confiscaron diez libras adicionales de metanfetamina de la residencia de un miembro en el àrea de Los Ángeles.
Este caso fue el producto de una investigación del Equipo de Investigación de Marihuana de Montaña y Valle del Departamento de Justicia de California bajo los auspicios del Programa de Tràfico de Drogas de Alta Intensidad del Central Valley (HIDTA), los Cuerpos de Seguridad de Inmigración y Aduanas (ICE) de los Estados Unidos, Investigaciones de Seguridad Nacional (HSI), la Oficina del Procurador del Distrito del Condado Placer, los Departamentos del Alguacil de los condados Placer, El Dorado y Sacramento; el Departamento de Pesca y Fauna de California; y el Cuerpo Especial Doméstico de Apoyo contra las Drogas de la Guardia Nacional de California.
Si son condenados por las ofensas acusadas, los demandados se enfrentan a un mínimo de 5 años hasta cadena perpetua, así como una multa de hasta $10,000,000. Cualquier sentencia, sin embargo, sería determinada a discreción del tribunal después de considerar cualquier factor legislativo aplicable y las Normas Federales a seguir a la hora de dictar sentencia, las cuales toman en consideración un número de variables.
Los cargos son solamente alegaciones; los demandados se les supone inocentes hasta y a menos que se demuestre su culpabilidad fuera de toda duda razonable.
Wednesday 12 February 2014
Wildlife Investigation Yields over $235,000 in PenaltiesRead the Press Release
United States Attorney Brendan V. Johnson and South Dakota Attorney General Marty J. Jackley announced that eighteen (18) individuals have pleaded guilty and were sentenced in both State and Federal Court to fines, restitution, and civil damages in excess of $235,000 for wildlife violations that occurred at a commercial hunting operation in Todd County, South Dakota between 2008-2012.
The investigation conducted by the U.S. Fish and Wildlife Service, South Dakota Department of Game, Fish and Parks, Iowa Department of Natural Resources, and the Rosebud Sioux Tribe revealed that John and Kathryn Chauncey hosted paying hunting clients from Michigan, Texas, and New Jersey for guided deer and pheasant hunts on their property known as Rock Creek Ranch. The investigation documented that John and Kathryn Chauncey, along with several of their hunting clients, unlawfully killed and possessed a minimum of fifty-six (56) deer, hawks, owls, badgers, and turkeys. The value of the unlawfully killed wildlife was documented to be over $70,000.
“This is one of the largest wildlife cases in South Dakota history. It is important to recognize the efforts of the state and federal officers involved in this investigation,” said Jeff Vonk, Secretary of the South Dakota Department of Game, Fish and Parks. “Additionally, I would like to recognize the concerned citizens who provided critical pieces of information to state officers that initially triggered the investigation. Thanks to all involved for a job well done.”
John Chauncey pled guilty in Federal Court to a felony charge of Conspiracy to violate the Lacey Act and multiple counts of Unlawful Possession of wildlife in State Court. He was sentenced to two (2) months in custody and ordered to pay $92,285.
Kathryn Chauncey pled guilty in Federal Court to violating the Migratory Bird Treaty Act and unlawfully transferring a hunting license in State Court. She was sentenced to probation and ordered to pay $10,500.
“The Rock Creek Ranch investigation exposed the large-scale illegal commercial exploitation of South Dakota wildlife resources,” said William C. Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service. “This case shows the importance of Federal and State officers working together to protect our resident wildlife species.”
Sixteen (16) other defendants also pled guilty to State and Federal wildlife violations as a result of the investigation and were sentenced to fines ranging from $500 to more than $26,000 per person. Collectively, the defendants in this case had their hunting privileges revoked for forty-five (45) years and were additionally sentenced to nineteen (19) years of probation.
U.S. Attorney Johnson and South Dakota Attorney General Jackley lauded the investigation. “We will continue bring to justice those who flaunt South Dakota’s wildlife laws,” said Johnson. “I commend the work of our state and federal law enforcement partners who vigilantly protect our natural resources.”
“The State of South Dakota provides sportsman with an abundance of wildlife to enjoy" said Jackley. "As your Attorney General, I am committed to protecting this valuable resource for all South Dakotans to experience."Assistant U.S. Attorney Meghan N. Dilges and Special Assistant Attorney General Paul Bachand prosecuted the case.
Wanblee Man Pleads Not Guilty to Four Charges of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force and two charges of Sexual Abuse.
Jason Poor Bear, age 39, was indicted on December 17, 2013. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 11, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, and a lifetime of supervised release.
The charges relate to an incident that happened in Wanblee in May of 2013, when Poor Bear used force to engage in sexual acts with a female who was physically incapable of declining participation. An object is alleged to have been used to accomplish some of these sexual acts.
The charges are merely accusations and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Poor Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Postal Service Supervisor Charged with Embezzling MailRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that a federal grand jury sitting in Hartford returned an indictment today charging EDWARD HOGAN, 37, of Waterbury, with one count of embezzlement of mail by a U.S. Postal Service employee.
According to court documents and statements made in court, this matter stems from a federal investigation into the use of the mails to transport narcotics from Puerto Rico to the greater Waterbury area. On November 9, 2013, it is alleged that HOGAN, who was employed as a supervisor of customer service with the U.S. Postal Service, intercepted a package containing cocaine that was delivered to the Waterbury Main Post Office on Grand Street, and then took the package to his home.
If convicted of the charge of embezzlement of mail by a U.S. Postal Employee, HOGAN faces a maximum term of imprisonment of five years and a fine of up to $250,000.
HOGAN has been released on a $150,000 bond since his arrest on November 9, 2013.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is being investigated by the Federal Bureau of Investigation, the U.S. Postal Inspection Service and the U.S. Postal Service – Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Christopher M. Mattei.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]U.S. Attorney Goodwin, Corrections Commissioner Rubenstein Celebrate Donations for Foster ChildrenRead the Press Release
Correctional Industries Provides Hundreds of Blankets, Scarves and Bags for Foster Children
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and West Virginia Division of Corrections Commissioner Jim Rubenstein today visited Lakin Correction Center, near Point Pleasant, West Virginia, to celebrate the donation of hundreds of blankets, scarves and bags crafted by Lakin inmates to give to foster children. The donated items were presented to representatives from Mission West Virginia, a community service organization, in conjunction with the Carry On Campaign, which collects luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.
U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings. This significant gift by the West Virginia Division of Corrections will help give kids who are moving into foster care the essentials they need for that difficult transition.”
The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force. Donated luggage bags and other essential items are provided to child protective service workers, law enforcement and advocates across the state to be given to children in transition to foster care. These children often have few or no personal belongings or comfort items, and no luggage. The program addresses the immediate needs of abused and neglected children and helps to minimize trauma during this difficult experience.
Lakin Correctional Center, located six miles north of Point Pleasant on WV Route 62, is a multi-security correctional facility and is the only all-female prison in the state. LCC has a current capacity of 462 inmates.
Goodwin also toured the correctional industries building where the blankets were produced, and he met with the inmates who worked many hours to produce the blankets and scarves. Additionally, Goodwin visited the culinary program unit, the cosmetology unit, and the Paws for People unit which trains service dogs for children and adults with disabilities and veterans suffering from Post-Traumatic Stress Disorder.
Tyler County Woman Guilty of Health Care FraudRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 31-year-old Woodville, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Kari Mannino pleaded guilty to conspiracy to commit health care fraud today before U.S. Magistrate Judge Keith F. Giblin.
According to the information presented in court, from January 2008 to December 2011, Mannino was the office manager for Beaumont Medical Clinic on Eastex Freeway in Beaumont. During that time, Mannino conspired with co-defendant, Dr. John Q.A. Webb, Jr., to claim Webb had treated patients when he had not. Mannino then submitted, or had someone else submit, false claims to Medicaid and Medicare indicating a licensed physician and provided the health care services. False claims submitted to Medicare were in excess of $12,000. The total fraudulent activity resulted in a loss to both Medicare and Medicaid of over $30,000. Mannino and Webb were indicted by a federal grand jury on Dec. 5, 2013.Mannino faces up to 10 years in federal prison. A sentencing date has not been scheduled.
This case is being investigated by the Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services, Federal Bureau of Investigation, and the U.S. Drug Enforcement Administration. This case is being prosecuted by Special Assistant U.S. Attorney Catherine Levacy Cockrell.
Two Tampa Corporations and Four Tampa Residents Indicted in Scheme to Unlawfully Sell an Unregistered Pesticide and Obstruct JusticeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Maureen O’Mara, Special Agent in Charge, United States Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Michael A. Hill, Special Agent in Charge, United States Environmental Protection Agency, Office of Inspector General (EPA-OIG), Atlanta Field Office, and Colonel/Director Calvin Adams, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement (FWCC), announce the filing of an 11-count indictment charging New Nautical Coatings, Inc., d/b/a “Sea Hawk Paints,” Sea Hawk Refinish Line, Inc., d/b/a “Refinish Line Auto Supplies,” of Clearwater, Florida, and Hillsborough County residents Erik Norrie, David Norrie, Jason Revie, and Tommy Craft, in a scheme to unlawfully sell an unregistered pesticide and obstruct justice.
David Norrie, Jason Revie, and Tommy Craft had their initial appearances on February 11, 2013, in Tampa before U.S. Magistrate Judge Anthony Porcelli. Erik Norrie is expected to make his initial this week in Tampa before U.S. Magistrate Judge Porcelli.
Specifically, each defendant is charged with one count of conspiracy to (1) impede, impair, obstruct, and defeat the lawful functions of the EPA; (2) sell an unregistered pesticide; (3) violate an EPA cancellation order; and (4) obstruct justice, in violation of Title 18, United States Code, Section 371, and a separate conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349. New Nautical Coatings, Refinish Line, David Norrie, Erik Norrie and Jason Revie are also charged with one count of wire fraud, in violation of Title 18, United States Code, Section 1343, and one count of misuse of a government seal, in violation of Title 18, United States Code, Section 1017. New Nautical Coatings and David Norrie are also charged with one count of obstruction of justice, and New Nautical Coatings and Erik Norrie are charged with two other counts of obstructing justice, in violation of Title 18, United States Code, Section 1512(b)(3). New Nautical Coatings, David Norrie, Erik Norrie, Jason Revie, and Tommy Craft are also charged with four counts of the sale of an unregistered pesticide, in violation of Title 7, United States Code, Section 136j(a)(1)(A).
According to the indictment, New Nautical manufactured a paint called Biocop Anti-Fouling Coating which contained tributyltin methacrylate, also known as “TBT,” a chemical compound which was found to have significant harmful effects on marine life. TBT based paints such as Biocop are pesticides subject to registration with the EPA. On or about December 1, 2005, the EPA cancelled New Nautical’s registration for Biocop, making it unlawful for New Nautical to manufacture Biocop for sale in the United States after December 1, 2005, or sell Biocop in the United States after December 31, 2005. Despite the cancellation, New Nautical Coatings, through defendants David Norrie, Erik Norrie Jason Revie, Tommy Craft and others continued to manufacture and sell Biocop in the United States. In order to manufacture and sell Biocop after the cancellation date, New Nautical Coatings, through defendants David Norrie, Erik Norrie, Jason Revie, Tommy Craft, and others, misled their customers and the EPA regarding their continued production of Biocop after the cancellation date. In furtherance of the conspiracy, the defendants took steps to make it falsely and fraudulently appear that New Nautical had earmarked and sold significant amounts of Biocop to distributors prior to December 31, 2005. In truth, the supposedly allocated Biocop had not been manufactured by December 1, 2005, and did not exist to be sold by December 31, 2005. In furtherance of the conspiracy, Refinish Line, David Norrie, Erik Norrie, and Jason Revie created and caused to be created false and fraudulent purchase orders and invoices for orders of Biocop that Refinish Line did not sell, distribute, or ship to the customers and companies listed in the purchase orders and invoices. New Nautical, David Norrie, and Erik Norrie took other steps to conceal the unlawful production and sale of Biocop, including the falsification of reports submitted to the EPA and directing a witness to lie to the EPA. By producing and selling Biocop, an unregistered pesticide, for domestic use and application, and by concealing such acts from the EPA and customers, New Nautical, Refinish Line and their co-conspirators derived pecuniary gains in excess of $2,000,000.
If convicted, the corporate defendants, New Nautical Coatings, Inc. and Sea Hawk Refinish Line, Inc., face a fine of up to $500,000 for each felony conviction, and a fine of $200,000 for each misdemeanor conviction. If convicted, the individual defendants face up to five years in prison for each count of conspiracy to defraud the government, up to twenty years in prison for each count of conspiracy to commit mail and wire fraud, wire fraud, and obstruction of justice, up to five years in prison for each count of the misuse of a government seal, and up to one year in prison for each count of the sale of an unregistered pesticide.
Mr. Ferrer commended the investigative efforts of EPA-CID, EPA-OIG, and FWCC. The case is being prosecuted by Assistant U.S. Attorney Alejandro O. Soto.
An indictment is only an accusation and the defendant is presumed innocent 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.
Two Oneida Residents Convicted on Drug ChargesRead the Press Release
Guilty of methamphetamine and pseudoephedrine charges
SYRACUSE, NEW YORK – Terry R. Ross, age 52, and Wanda Kingsley, age 49, of Florence, New York, were found guilty today by a U.S. District Court jury of four felony counts, including a methamphetamine conspiracy involving the manufacture of 50 grams or more and a conspiracy to possess or distribute pseudoephedrine knowing it was intended to be used to manufacture a controlled substance - announced United States Attorney Richard S. Hartunian.
Following a three day jury trial, the defendants were convicted of a conspiracy to manufacture 50 grams or more of methamphetamine, in violation of Title 21, United States Code, Section 841(a)(1), (b)(1)(B) and 846, a conspiracy to possess or distribute pseudoephedrine knowing it was intended to be used to manufacture methamphetamine, in violation of Title 21, United States Code, Section 841(c)(1) and 846, and one count each of possessing or distributing pseudoephedrine knowing it was intended to be used to manufacture methamphetamine, in violation of Title 21, United States Code, Section 841(c)(1).
The evidence at trial showed that between 2010 and 2012, defendants Ross and Kingsley, individually and together with each other and with others, purchased pseudoephedrine pills from pharmacies in Oneida County, and knowingly provided the pills to other co-conspirators who used them on numerous occasions in the manufacture of methamphetamine. Between November 2010 and January 2012, Ross purchased pseudoephedrine pills on 21 separate occasions from Oneida county pharmacies, and Kingsley, Ross’ live-in girlfriend, purchased pseudoephedrine pills on 49 separate occasions. Ross and Kingsley also assisted in the methamphetamine manufacturing process in various ways, including procuring and assembling some of the necessary ingredients and apparatus for the meth “cook,” and providing assistance during the cooking process, in exchange for a portion of the finished product methamphetamine.
Ross is scheduled to be sentenced at 10:00 am on June 18, 2014, and Kingsley is scheduled to be sentenced at 10:15 am on that date.
The prosecution arose from the investigative efforts of the City of Oneida Police Department, the New York State Police, and the Drug Enforcement Administration.
The case was prosecuted by Assistant United States Attorney Carl Eurenius. For more information, please contact AUSA Eurenius at (315) 448-0672.
Two Men Indicted for Counterfeit $50, $100 BillsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two men were indicted by a federal grand jury today, in separate and unrelated cases, for possessing counterfeit $50 and $100 bills.
USA v. McCuiston
Kevin Glenn McCuiston, 36, of Moberly, Mo., was charged with possessing counterfeit bills in an indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment alleges that McCuiston was in possession of 49 counterfeit $50 bills on Dec. 6, 2013.
USA v. Busey
Jackie L. Busey, 28, of St. Joseph, Mo., was charged in a two-count indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment alleges that Busey attempted to pass a counterfeit $50 bill in Boone County, Mo., on Oct. 25, 2012. Busey is also charged with possessing 74 counterfeit $50 bills and 17 counterfeit $100 bills on the same day. Busey was arrested near the Fieldhouse Bar in Columbia, Mo.
These cases are being prosecuted by Assistant U.S. Attorney Lauren E. Kummerer. They were investigated by the U.S. Secret Service, the Missouri State Highway Patrol and the Columbia, Mo., Police Department.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.Three Miami Gardens Men Sentenced for Firearms PossessionRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Paul Miller, Interim Chief, Miami Gardens Police Department (MGPD), announce that Deondre Bain, 23, Lamar Eady, Jr., 23, and Lloyd Hulse, Jr., 22, all of Miami Gardens, were sentenced following their convictions as previously convicted felons in possession of firearms. Eady, an armed career criminal, was sentenced to 188 months in prison, while Bain and Hulse were sentenced to 111 and 110 months in prison, respectively, by U.S. District Judge William J. Zloch.
According to evidence presented at trial and statements made in open court, in the early morning hours of Sunday, June 30, 2013, federal and state law enforcement officers were conducting an investigation into the activities of the 170 Boys gang in Miami Gardens. Around 3:00 a.m., as they patrolled the Honey Hill area, officers saw Hulse getting into a parked car, holding what turned out to be a stolen AR-15 assault rifle, loaded with forty rounds of .223 caliber ammunition. Further investigation revealed two more stolen firearms inside the car, fully loaded, belonging to Bain and Eady, who were seated in the vehicle.
A federal grand jury indicted Bain, Eady, and Hulse on July 26, 2013, charging all three with possession of a firearm and ammunition by a convicted felon. In November 2013, Hulse pled guilty, and Bain and Eady were convicted following a trial. According to evidence presented at the trial and statements made in open court, all three men had significant criminal histories involving multiple felony convictions. Eady was sentenced under the Armed Career Criminal Act, which provides a sentencing range of fifteen years to life for individuals who have been convicted of federal gun crimes and have at least three prior felony convictions for violent felonies and/or serious drug offenses.
This case is, in large part, the result of the Violence Reduction Partnership, launched by the U.S. Attorney’s Office. Through this Partnership, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks in various neighborhoods, while simultaneously working with community leaders and concerned citizens to mentor at-risk youths, provide jobs and job training to young families, and help probationers and parolees successfully re-enter society.
Mr. Ferrer commended the investigative efforts of ATF, FBI, and MGPD. This case was prosecuted by Assistant U.S. Attorneys Benjamin Coats and Andy Camacho.
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.
Three Louisiana Residents Charged with Federal Lacey Act ViolationsRead the Press Release
Gulfport, Miss. – Ronald W. Reine, 67, Brian R. Reine, 44, Bruce A. Swilley Jr., 27, and Omni Pinnacle, LLC, all of Slidell, Louisiana, were charged in a 13-count federal indictment with various violations of the Lacey Act for importing live white-tailed deer into Mississippi, announced U.S. Attorney Gregory K. Davis and Special Agent in Charge Luis Santiago of the U.S. Fish and Wildlife Service.
Mississippi law makes it unlawful to import live white-tailed deer into the State of Mississippi and authorizes the Mississippi Department of Wildlife, Fisheries and Parks Commission with the responsibility of establishing regulations governing the importation of white-tailed deer with the emphasis on preventing the introduction of disease. The Commission established a regulation that mirrors the state statute, prohibiting the importation of live white-tailed deer into the State of Mississippi. The Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase wildlife that were taken, possessed, transported or sold in violation of any law or regulation of any state. The offense becomes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell or intent to purchase or sell, wildlife with a market value in excess of $350, knowing that the wildlife were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
According to the indictment, from January of 2011 through December of 2012, Ronald W. Reine, Brian R. Reine, Bruce A. Swilley, Jr. and Omni Pinnacle, LLC, a company owned by the Reines, conspired to ship white-tailed deer in interstate commerce in violation of state and federal laws. Brian R. Reine operated a wildlife enclosure in Lamar County, Mississippi known as Half Moon Ranch. Ronald W. Reine operated a wildlife enclosure in Pearl River County, Mississippi known as Oak Investments, LLC/“Hunter’s Bluff”. The indictment also alleges that it was part of the conspiracy that the defendants would unlawfully bring the live white-tailed deer into Mississippi for the purpose of breeding and killing trophy white-tailed buck deer. The defendants bought and illegally transported deer into Mississippi from Indiana and Pennsylvania.
“The illegal importation of white-tailed deer into Mississippi is a growing problem with the potential for a devastating impact on our native deer herd” said U.S. Attorney Davis. “This indictment is the beginning of our efforts to combat the illegal importation of white-tailed deer and we will continue to partner with the U.S. Fish and Wildlife Service and the Mississippi Department of Wildlife, Fisheries, and Parks to identify, investigate, and prosecute people who have chosen to violate the law on importing white-tail deer.”
U.S. Fish and Wildlife Service Special Agent in Charge Luis Santiago stated “We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. We will continue working vigorously investigating those who choose to violate state and federal laws.”
The defendants were arraigned in U.S. District Court today and each was released on a $25,000 unsecured bond. A trial is scheduled for March 17, 2014 before U.S. District Judge Sul Ozerden in Gulfport. If convicted, the defendants face a maximum penalty of five years in federal prison and a $250,000 fine on each count. Omni Pinnacle, LLC faces a maximum fine of $500,000.
This case was investigated by the U.S. Fish and Wildlife Service and the Mississippi Department of Wildlife Fisheries and Parks. It is being prosecuted by Assistant U.S. Attorney Darren J. LaMarca.
The public is reminded that an indictment is merely an accusation and all defendants are presumed innocent until proven guilty in a court of law.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Three Defendants Indicted on Racketeering Charges, Including Six MurdersRead the Press Release
A superseding indictment was returned last Friday charging defendants Christian Keston John, Marvin Johnson and Shaquan Jones, who were members of a violent criminal enterprise, with racketeering, consisting of 23 predicate acts, including six murders, two attempted murders, three armed robberies, kidnapping, murder-for-hire, and gambling on dog fighting, among other crimes, all of which occurred in the Bushwick, Bedford-Stuyvesant and East New York areas of Brooklyn.1 Johnson was arraigned earlier today at federal court in Brooklyn before U.S. Magistrate Judge Robert M. Levy, and the defendants Christian John and Shaquan Jones will be arraigned on Friday, also before Magistrate Judge Levy.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and William J. Bratton, Commissioner, New York City Police Department.
According to court papers, the enterprise, known as the “Hull Street Crew,” began its violent conduct in 2000 with the murder of Charlemagne Lormand, followed by the 2005 murder of Shamell Etienne and the 2008 murder of Daquane Shelton. In 2006, the defendants allegedly murdered Earle Kevin Obermuller when they bound his entire head with duct tape, dragged him down to a basement, tied him to a chair on a bed of charcoals, and then set him on fire. The indictment also charges the 2011 murders of Jason Bostic and Aaron Formey, who were murdered in a similar manner when they were bound with duct tape, pushed down the stairs to a basement, and shot multiple times. The Hull Street Crew enriched its members through drug trafficking and gambling on dog fights, and committed these violent acts to enhance the enterprise’s prestige and to protect it from rival criminal organizations.
“As set forth in the indictment, the Hull Street Crew rained down brutal violence onto the streets of Brooklyn for over a decade. The defendants pledged their allegiance to the Crew and its violent methods, committing a brutal murder and other senseless acts of violence. This indictment brings to a halt the Hull Street Crew’s reign of terror over the streets of Brooklyn,” stated United States Attorney Lynch. “Working together with the FBI and the NYPD, we stand committed to ending the scourge of violence in our communities and bringing to justice those who commit such violent acts. We hope that this prosecution will bring some measure of closure to the families of the victims who have suffered not only because of the loss of loved ones, but also by not knowing who was responsible for these crimes.”
FBI Assistant Director-in-Charge Venizelos stated, “Violence is the rule, not the exception, in the Hull Street Crew. As alleged, this criminal enterprise used illegal means, including murder and kidnapping, to intimidate rivals and instill fear in the innocent public. Today’s indictment illustrates the FBI’s continued effort to work with our law enforcement partners to disrupt and dismantle violent criminal enterprises that terrorize our communities.”
Police Commissioner Bratton stated, “Members of this violent and vicious crew operated on the streets of Brooklyn for more than a decade, but with this investigation and indictment we send a message to those who choose to operate within a ruthless criminal operation – you will be brought to justice and eradicated from our communities. The Hull Street Crew was shut down thanks to the tireless efforts of the investigators from the NYPD Detective Bureau, the Federal Bureau of Investigation, and the United States Attorney’s Office, Eastern District of New York.”
The case has been assigned to U.S. District Judge Frederic Block. If convicted of murder, the defendants face a maximum sentence of life imprisonment, or possibly the death penalty.
The government’s case is being prosecuted by Celia A. Cohen, Gina M. Parlovecchio, and Robert T. Polemeni.
The Defendants:
CHRISTIAN KESTON JOHN
Age: 30
Brooklyn, N.Y.
MARVIN JOHNSON
Age: 30
Brooklyn, N.Y.
SHAQUAN JONES
Age: 31
Brooklyn, N.Y.
___________________________________________________________________________
1 The charges contained in the superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Task Force Investigation into PCP Trafficking Leads to Federal Charges Against Producers and Distributors of the Dangerous DrugRead the Press Release
LOS ANGELES – Federal, state and local authorities this morning arrested 20 individuals who are named in two federal indictments that target manufacturers and distributors of Phencyclidine – commonly known as PCP or “angel dust” – a dangerous narcotic with deep ties to the violent Grape Street Crips and other South Los Angeles street gangs.
Following this morning’s takedown, federal prosecutors unsealed two indictments that charge a total of 40 defendants linked to laboratories where PCP is manufactured and the networks that distribute the drug across the nation. In addition to the 20 people arrested this morning, three defendants were already in custody, and 17 are fugitives or have not yet been fully identified.
Thirty-eight of the defendants are named in a 29-count indictment that outlines how precursor chemicals are obtained and used in the manufacturing process, which poses serious risks to public health and the environment. The indictment discusses how the prepared PCP is then stored and distributed around the nation.
“Historically, the principal location in the United States where PCP is manufactured is the Southern California area,” according to the indictment. “After PCP is manufactured, PCP traffickers typically distribute and transport PCP both within the Southern California area and to other regions in the United States, where PCP can be sold at higher prices and for greater profit.”
The indictment details the seizure of several PCP laboratories and how members of the narcotics-trafficking conspiracy distributed upwards of several thousand gallons of PCP. During the course of this investigation, authorities seized approximately 100 gallons of the drug and precursor chemicals that could have been used to manufacture thousands of gallons of the drug. A gallon of PCP contains approximately 76,800 doses of the highly addictive narcotic.
“PCP producers and suppliers deal a toxic poison that destroys minds and contaminates our neighborhoods,” said United States Attorney André Birotte Jr. “Today’s operation breaks the grip that these drug makers and dealers have held on the neighborhoods of Watts and South Los Angeles by targeting the highest levels of PCP traffickers and those responsible for manufacture and distribution of this deadly drug.”
In conjunction with this morning’s multi-agency effort against the Grape Street Crips, Los Angeles City Attorney Mike Feuer today announced his office will seek injunctions to curb gang activity at three properties, two of which are located on the same block of an early education center and an elementary school. The properties are known for gang-related narcotics dealing, PCP manufacturing, possession of firearms and other criminal activity, according to the City Attorney’s office.
The indictments unsealed today follow an investigation that concluded nearly six years ago after targeting PCP trafficking in South Los Angeles and illuminating the links between the drug and the Grape Street Crips. That earlier investigation resulted in federal charges against 12 defendants, two of whom received life sentences for their roles in manufacturing and distributing PCP.
The present investigation, which was conducted by the HIDTA and L.A. IMPACT task forces and the DEA, revealed a wide network of PCP manufacturers and distributors connected to the Grape Street and other South Los Angeles gangs. Investigators discovered that this network routinely delivered PCP, via couriers and mail, to other parts of the country, including Texas, Maryland, North Carolina, Oklahoma and New York.
The narcotics trafficking conspiracy allegedly was led by Anthony Dwight Bracken, a San Bernardino County-based PCP manufacturer, with strong ties to South Los Angeles. Other key players charged in the conspiracy include distributors Andre Brown, Anthony Wilson and Eligin Gary Hawkins, all of South Los Angeles.
All 38 defendants in the indictment are charged with conspiracy
to manufacture, distribute and possess with the intent to distribute PCP, and to illegally possess a listed chemical. Because of the quantity of narcotics and precursor chemicals involved in this case, all of the defendants potentially face sentences of life without parole in federal prison.The indictment further charges various defendants with distribution and possession with intent to distribute PCP, illegal possession of a listed chemical, maintaining drug-involved premises, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm/ammunition.
A second indictment unsealed this morning charges two additional defendants in a conspiracy to distribute PCP.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The investigation into the PCP manufacturing and distribution network was conducted by the L.A. IMPACT Task Force (Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force), the HIDTA Task Force (High-Intensity Drug Trafficking Area Task Force) and the Drug Enforcement Administration. The Los Angeles City Attorney’s Office is partnering to take file civil “abatement” lawsuits at properties linked to criminal activity uncovered during this investigation. Los Angeles County Child Protective Services assisted during this morning’s takedown.
Release No. 14-021
Tampa Felon Convicted of Firearm PossessionRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Antouin L. Barker (43) guilty of being a felon in possession of a firearm. Barker faces a mandatory minimum sentence of 15 years’ imprisonment, up to a maximum penalty of life imprisonment. His sentencing hearing is scheduled on May 15, 2014. Barker was indicted on May 1, 2013.
According to testimony and evidence presented at trial, on February 12, 2013, after sunset, Barker was riding his bicycle against traffic and without lighting equipment on 127th Avenue East, in Tampa. When stopped by members of the Hillsborough County Sheriff’s Office for the traffic infractions, Barker repeatedly put his hands in his pockets, despite repeated warnings not to do so. Barker verbally consented to a search, but ultimately put his hands back in his pockets and turned away from the deputies. Fearing for their safety, deputies removed Barker’s hands from his pockets, and patted him down. During the search, a small .22 caliber revolver was found in Barker’s right front shorts’ pocket. The gun was loaded with one live round, and four spent bullets.
At the time of the incident, Barker was a previously convicted felon. His prior felonies include drug charges, aggravated battery, grand theft, and burglary. As a previously convicted felon, Barker is 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 Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Mark E. Bini.
This 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.
Takoma Park Man Pleads Guilty in Two Residential Mortgage Fraud SchemesRead the Press Release
Used Other Individuals’ Identities and False Income and Credit Information to Induce Lenders to Provide Home Mortgage Loans
Greenbelt, Maryland – Mokorya Cosmas Wambura, age 45, of Takoma Park, Maryland pleaded guilty today to conspiring to commit wire fraud and aggravated identity theft arising from two separate residential mortgage fraud schemes.
The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Cary A. Rubenstein of the Housing and Urban Development Office of Inspector General - Office of Investigations; Acting Inspector General Michael P. Stephens of the Federal Housing Finance Agency Office of Inspector General; Special Agent in Charge Kathy Michalko of the United States Secret Service – Washington Field Office; John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) .
According to his plea agreement and court documents, from March 2007 to November 2008, Wambura conspired with real estate agent Tibakweitira and others to use the identity of another individual without lawful authority to buy residential property. For example, in June 2008, Wambura used the stolen identity of another person, along with false income statements and credit information, to buy a residence in Hyattsville, Maryland. The conspirators inflated the value of the property by creating false documents for repairs and renovations that were never made. After the settlement, the conspirators divided up the cash received for the purported repairs.
During the second fraud scheme from July 2007 to May 2009, a conspirator sold his residence in Silver Spring, Maryland to Wambura, and attempted to conceal the scheme by using the identity of Wambura’s friend and roommate, without lawful authority, as the purported buyer. Wambura again made false statements about the buyer’s assets and income. For example, Wambura listed a joint credit union account held by Wambura and his friend as an asset, which Wambura created without his friend’s knowledge. After securing the mortgage and obtaining possession of the residence, Wambura continued to use his friend’s stolen identity to become a Section 8 landlord for federally subsidized funds. Wambura received portions of the monthly rent paid by the tenant. Wambura and his conspirator also caused $29,186 in government housing program assistance checks, payable to Wambura’s friend, to be mailed to Wambura.
As a result of the two conspiracies, Wambura caused between $400,000 and $1 million in losses to federally-insured financial institutions.
Wambura faces a maximum sentence of 30 years in prison and a $1 million fine on each of two wire fraud conspiracy counts, and a mandatory minimum of two years for aggravated identity theft consecutive to any other sentence. Chief U.S. District Judge Deborah K. Chasanow scheduled sentencing for June 16, 2014 at 11:30 a.m.
Edgar Tibakweitira, a/k/a “Edgar Julian,” “Charles Edgar Tibakweitira,” and “Edgar Gaudious Tibakweitira,” age 37, of Severn, Maryland, previously pleaded guilty to the conspiracy and to aggravated identity theft, and has agreed to forfeit a Range Rover vehicle. Tibakweitira is scheduled to be sentenced on May 6, 2014, at 1:00 p.m.
Wambura and Tibakweitira are both detained pending their sentencings.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage Fraud/index.html.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.United States Attorney Rod J. Rosenstein praised HUD-OIG, FHFA-OIG, Treasury OIG, U.S. Secret Service and Baltimore HSI for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney Kevin DiGregory, Investigative Counsel for the Federal Housing Finance Agency Inspector General, who are prosecuting the case.