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31 March 2014
Iowa Man Pleads Guilty to Child Pornography Charges Moments Before Trial BeginsRead the Press Release
BOSTON - An Iowa man pleaded guilty to federal child exploitation charges moments before his jury trial began this morning.
Joshua Dunfee, 32, of Oxford Junction, Iowa, pleaded guilty before U.S. District Court Chief Judge Patti B. Saris to the coercion and enticement of a child to engage in illicit sexual activity and the sexual exploitation of a child to produce child pornography. Sentencing is scheduled for June 27, 2014. Dunfee faces a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a maximum of a lifetime of supervised release and a $250,000 fine. Dunfee has been in custody since his arrest in November 2011.
Dunfee posed as “John” from “Hunt Photography” on Facebook and communicated with a Massachusetts mother who was seeking employment as a model and believed Hunt Photography to be a legitimate business. In October 2011, Dunfee contacted the mother and told her that Hunt Photography had a client willing to pay $20,000 for a mother-daughter bikini modeling contract. Dunfee told the mother that in order to apply she would need to audition her daughter for him immediately and persuaded the mother to take her minor daughter out of school.
At Dunfee’s further direction, the mother placed her daughter on webcam for him to view for a 48-minute video call. During this time, Dunfee was able to see and hear the mother and her minor daughter, but they were unable to see or hear him. During the “audition,” Dunfee directed via instant messenger that the minor be posed for him—first in a bra and underwear and then completely naked. Dunfee knew that the girl was a minor.On Nov. 3, 2011, federal agents executed a federal search warrant at Dunfee’s residence, where law enforcement had traced the illicit conduct via IP address records. A forensic examination of Dunfee’s computers (obtained during the execution of the search warrant) revealed various activities consistent with the use of certain platforms to communicate while posing as Hunt Photography, including Facebook, Skype, and Windows Live Messenger Chat.
United States Attorney Carmen M. Ortiz, Assistant Attorney General David A. O’Neil of the Department of Justice’s Criminal Division, and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. The case was investigated by the U.S. Postal Inspection Service, the Jones County (IA) Sheriff's Office, the Massachusetts State Police, the Attleboro Police Department, and the Department of Justice’s High Technology Investigative Unit. Substantial assistance was provided by the U.S. Attorney's Office for the District of Iowa. The case is being prosecuted by Assistant U.S. Attorneys Stacy Dawson Belf and David Tobin of Ortiz's Major Crimes Unit and Trial Attorney Herbrina Sanders of the Department of Justice Child Exploitation & Obscenity Section.
This case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys= Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Idaho Man Sentenced to 25 Years in Prison for November 2011 Shooting at the White House-Defendant Fired at Least Eight Shots in Attack-Read the Press Release
WASHINGTON - Oscar Ramiro Ortega-Hernandez, 23, of Idaho Falls, Idaho, who used a semi-automatic assault rifle to fire at least eight rounds at the White House in November 2011, was sentenced today to 25 years in prison for terrorism and weapons offenses.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office of the U.S. Secret Service.
Ortega-Hernandez pled guilty Sept. 18, 2013, in the U.S. District Court for the District of Columbia to one count of injury to a dwelling and placing lives in jeopardy within the territorial jurisdiction of the United States, as well as one count of discharging a firearm during a crime of violence. Additionally, he admitted that the attack was a terrorist act, and therefore, a sentencing enhancement under the United States Sentencing Guidelines is applicable.
The Honorable Rosemary M. Collyer sentenced Ortega-Hernandez this afternoon. In addition to the prison term, she ordered that he pay approximately $94,000 in restitution for damage caused to the White House. Upon completion of his prison term, Ortega-Hernandez will be placed on five years of supervised release.
“This man drove cross-country to launch an assault rifle attack on the White House from Constitution Avenue,” said U.S. Attorney Machen. “He was motivated by hatred for the President and the desire to start a revolution against the federal government. We are very fortunate that his bullets narrowly missed the U.S. Secret Service officers guarding the White House that night. This 25-year prison sentence demonstrates that anyone who comes to the nation’s capital planning to use violence should expect to spend decades behind bars.”
“Acts of terrorism, like the one that Mr. Ortega-Hernandez was sentenced for today, instill a sense of fear in our community,” said Assistant Director in Charge Parlave. “Along with our law enforcement partners, the FBI’s Violent Crimes Task Force and Evidence Response Team diligently worked to collect evidence of Ortega-Hernandez’s actions on the night of Nov. 11, 2011, ultimately leading to the justice he received today for committing this crime of violence.”
“Today’s sentencing is the result of the efforts of the U.S Secret Service and many of our law enforcement partners to provide the highest level of protection to our Nation’s leaders,” said Special Agent in Charge Michalko.
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According to the government’s evidence, the events unfolded like this:
Beginning in 2010, Ortega-Hernandez made repeated statements to many friends and associates in Idaho about his contempt for the federal government, and he espoused numerous theories regarding how the federal government was seeking to control Americans through Global Positioning System chips, fluoride, and aspartame. He also criticized the federal government for the wars in Afghanistan and Iraq, claiming that the United States was “bullying” other countries to obtain oil. He made numerous statements vilifying the President of the United States, calling him “the devil” and “the anti-Christ,” among other things. On numerous occasions, he told friends and associates that “he was on a mission from God to take out Obama.”
On March 19, 2011, Ortega-Hernandez purchased a Romanian Cugir SA semi-automatic (AK-47-style) assault rifle from an individual in Idaho for $550. He also purchased more than 1,200 rounds of ammunition to use with the weapon. In August 2011, Ortega-Hernandez purchased a scope kit on the Internet and asked a friend to install it on the weapon for him. Over the course of six months, Ortega-Hernandez repeatedly practiced firing the weapon at a desolate crater located on land owned by the Bureau of Land Management outside of Idaho Falls, Idaho.
On Oct. 23, 2011, Ortega-Hernandez made two short videos at the home of one of his friends. In the videos, he praised Osama bin Laden for having the courage to stand up to the United States, and called for a revolution against the federal government. Ortega-Hernandez described himself as a “cold-hearted warrior of God” and declared, “it’s time for Armageddon.”
After making the two videos, Ortega-Hernandez departed Idaho Falls and drove more than 2,000 miles, armed with his Romanian Cugir SA semi-automatic assault rifle with the attached scope, and more than 180 rounds of ammunition.
On Nov. 11, 2011, at approximately 8:50 p.m., Ortega-Hernandez drove southbound on 15th Street NW and made a right turn onto Constitution Avenue NW. Shortly after passing the entrance to the Ellipse, he stopped his vehicle in the middle of the road. With the passenger-side window of his car lowered, he pointed his assault rifle out the passenger-side window of the car and aimed directly at the White House. He fired at least eight rounds at the White House.
Following the shooting, Ortega-Hernandez fled the scene, driving erratically and at a high rate of speed westbound on Constitution Avenue. Moments later, he lost control of the vehicle and crashed near the ramp from Constitution Avenue to the Theodore Roosevelt Bridge in front of the United States Institute of Peace. After efforts to restart the vehicle failed, Ortega-Hernandez fled from the vehicle on foot. Law enforcement subsequently launched a multi-jurisdictional search for Ortega-Hernandez. He was arrested on Nov. 16, 2011, in Indiana, Pa.
The FBI examined the area around the White House and located approximately eight bullet impact points on the south side of the building on or above the second story. Two bullets were recovered from the White House: one from a window frame on the Truman Balcony and one found on the ground east of the South entrance. The FBI determined that both of those bullets were fired from Ortega-Hernandez’s assault rifle. The FBI also recovered a bullet jacket that was found in the window sill of the Truman Balcony, which was also fired from Ortega-Hernandez’s assault rifle.
At the time of the shooting, two U.S. Secret Service officers were stationed on the northeast section of the roof of the White House. One of the bullets fired by Ortega-Hernandez struck the roof of the White House within approximately 20 feet of where the officers were stationed. In addition, another U.S. Secret Service Officer was stationed at the South Portico underneath the Truman balcony at the time of the shooting. Several of the bullets fired by Ortega-Hernandez struck the Truman balcony directly above where this officer was stationed. This officer took cover behind the stairwell, drew a firearm, and readied a shotgun.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave and Special Agent in Charge Michalko expressed their appreciation to those who diligently investigated this case from the FBI’s Washington Field Office, the U.S. Secret Service, and the U.S. Park Police. They also acknowledged the assistance provided by the Pennsylvania State Police; the Arlington County, Va. Police Department; the U.S. Attorney’s Office for the Western District of Pennsylvania; the FBI Laboratory at Quantico, Va.; FBI field offices in Pittsburgh and Salt Lake City, including the Idaho Falls Resident Agency, and Secret Service field offices in Pittsburgh, Salt Lake City, and Boise, Idaho. Additionally they thanked those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including former Assistant U.S. Attorney John Borchert, who assisted in securing the defendant’s indictment; Paralegal Specialists Jenifer Rowe and Devron Elliott, Victim/Witness Coordinator Dawn Tolson-Hightower, and Litigation Technology Specialist Leif Hickling.
Finally, they commended the efforts of Special Assistant U.S. Attorney George P. Varghese and Assistant U.S. Attorney Alessio D. Evangelista of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, who prosecuted the case.
14-075Huntington Woman Sentenced to Four Years for Role in Heroin Trafficking ConspiracyRead the Press Release
Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Kimberly Gayle Hamlett, 35, of Huntington, West Virginia was sentenced in federal court in Huntington by Chief Judge Robert C. Chambers to four years of imprisonment for distribution of heroin. Hamlett, who pled guilty in November of 2013, admitted that she sold heroin to a confidential informant on May 27, 2013. The sale took place near the Speedway located at 16th Street and 6th Avenue in Huntington. As part of her plea, Hamlett also admitted that she was involved in a conspiracy to sell oxycodone pills and heroin for other individuals. That conspiracy lasted from at least 2011 through August 8, 2013. Ms. Hamlett made deliveries of drugs and provided places for others to store and sell drugs. Firearms were also kept at those locations.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Huntington Man Pleads Guilty to Heroin and Gun ChargesRead the Press Release
Huntington, W.Va. – A Huntington, West Virginia, man pleaded guilty today in federal court to charges of being a convicted felon in possession of firearms and of selling heroin, announced U.S. Attorney, Booth Goodwin. Antonio Michael Smith, 31, pleaded guilty before United States District Judge Robert C. Chambers in Huntington.
On September 24, 2013, Smith used two firearms to shoot six people in the Northcott Court neighborhood of Huntington. Smith was a convicted felon and could not legally possess any firearms, having been previously convicted in 2001 of robbery in Ohio. He was also convicted in 2010 in Cabell County, West Virginia, of unlawful wounding and attempt to commit a felony. Additionally, Smith pleaded guilty today to selling heroin in Huntington on February 6, 2013.
Smith fled the state after the September 2013 shooting and was eventually located and arrested in New York by the FBI.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. The investigation was conducted by the Huntington Violent Crime/Drug Task Force, Huntington Police Department, DEA and the FBI. SAUSA Sharon M. Frazier is handling the prosecution.
Hugo Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that SAMMY WAYNE DAVIS, age 46, of Hugo, Oklahoma, pled guilty to Possession with Intent to Distribute Methamphetamine, in violation of Title 18, United States Code, Sections 922(g)(I) and 924(e).
The charge arose from an investigation by the Hugo Police Department, the Choctaw County Sheriff’s Office and District 17 District Attorney’s Drug Task Force. The defendant was indicted in February, 2013.
The Indictment alleged that on or about June 5, 2011, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing and ordered the completion of a presentence investigation report. The defendant remains in the custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is not less than 10 years up to Life imprisonment and/or up to a $8,000,000.00 fine and up to 8 years of supervised release.
Assistant United States Attorney Dean Burris represented the United States.
Frederick Man Sentenced to 15 Years in Prison for Three Armed Store RobberiesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Steven Ray Williams, age 43, of Frederick, Maryland, today to 15 years in prison, followed by five years of supervised release, for three armed robberies and for brandishing a gun during a crime of violence.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Alan Goldberg of the Takoma Park Police Department.
According to Williams’ plea agreement, on December 10, 2011 Williams and a co-conspirator robbed a store in the 15000 block of Frederick Road in Gaithersburg, Maryland. Williams and the co-conspirator accosted a store employee as he was opening the store, pointing a handgun at the employee and ordering the employee to open the safe. After the employee opened the safe, Williams and the co-conspirator wrapped the employee’s arms and ankles with duct tape and fled the store, stealing $6,000 in store proceeds, as well as the employee’s cell phone and wallet. On March 7, 2012, Williams and another co-conspirator robbed the same store, accosting two store employees as they were opening the store. Williams and the co-conspirator duct taped one of the employee’s legs and wrists and forced the other store employee at gunpoint to open the safe. They then duct taped that employee’s wrists, and fled the store, stealing $2,700 in store proceeds, as well as the cell phone of one of the employees.On September 16, 2012, Williams and the two co-conspirators robbed a store located in the 6300 block of New Hampshire Avenue in Takoma Park, Maryland. One of the co-conspirators waited outside the store while Williams and the other co-conspirator entered the store. After the last customer had left the store, the co-conspirator locked the front door and Williams took out a gun, pointed it at a store employee and ordered the employee to take him to the store office, where the manager was counting money. After entering the office, Williams threw the employee to the floor and the co-conspirator tied his hands and feet using flex cuffs. They were unable to tie up the manager, so Williams held the gun to the manager’s neck, while Williams and the co-conspirator collected the money the manager had been counting. While the robbery was taking place, an 81 year old customer managed to open the front door and entered the store. Williams and the co-conspirator tied the customer’s hands with flex cuffs and dragged the customer to the back of the store. Williams and the co-conspirator ran out the back door with a bag filled with approximately $800 in store proceeds, but as they attempted to flee, they left the money outside the store.
United States Attorney Rod J. Rosenstein praised the ATF, Montgomery County Police Department and Takoma Park Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah J. Bressack, Mara Zusman Greenberg and Kelly O. Hayes, who prosecuted the case.
Former Raleigh Mortgage Broker Sentenced to 42 Months in Prison for His Role in Mortgage Fraud SchemeRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today before Chief United States District Judge James C. Dever, III, MARK THOMAS BOWE, JR., 56, of Jonesboro, Georgia, was sentenced to a 42 month term of imprisonment, followed by 5 years of supervised release, on Count One of an Indictment charging BOWE with Conspiracy to Commit Bank and Wire Fraud, in violation of Title 18, United States Code, Section 1349. BOWE was also ordered to pay $604,550.69 in restitution.
Count One of the Indictment charged that between 2003 and 2008, BOWE was a licensed mortgage broker operating through mortgage companies operating on Rock Quarry Road in Raleigh. BOWE participated with others, including developer David Lewis Johnson, developer Arthur Lee Barnes, real estate broker Mark Henry Tkac, and attorney James Scott Taggart in a real estate flipping scheme which defrauded various banks and lenders. Johnson, Barnes, and Taggart were previously sentenced to prison for their role in the scheme. Tkac has not yet been sentenced.
BOWE participated in the scheme by, among other things, falsifying various aspects of loan applications that were submitted to banks and lenders to qualify buyers for mortgages related to properties sold by Johnson’s real estate company. BOWE falsified, among other things, the amount and source of the borrower’s income and assets, the existing debts of the borrower, and the borrower’s intent to occupy the property as a primary residence. In some instances, BOWE completed loan applications which falsely represented that the information contained within the application had been obtained from a telephonic interview when, in truth and fact, the borrower never spoke to BOWE in a telephonic interview or provided the information in the loan application.
BOWE and Johnson also promoted the scheme by deceiving and attempting to deceive lenders into believing that some borrowers held assets at an investment company, known as Mutual Southern Investments. Bowe and another conspirator supplied false verifications of deposit and false account statements purporting to show that borrowers held, in some instances, millions of dollars in assets, when in truth and fact, Mutual Southern Investments did not exist and the assets and asset statements were entirely fictitious.
BOWE and other participants in the scheme benefitted by receiving kickbacks or payments out of the loan proceeds at the time of the loan closing. In some instances, BOWE received payments in excess of the amounts identified on the HUD-1 settlement statements that were supplied to the banks and lenders to compensate BOWE for his role in the scheme.
Ultimately, the borrowers defaulted on the loans brokered by BOWE, resulting in substantial losses to various banks and lenders. At sentencing, stipulated losses from various loans brokered by BOWE were found to total $604,550.69.
On April 4, 2013, BOWE was named in a four-count Indictment filed by the Grand Jury in the Eastern District of North Carolina. On August 26, 2013, BOWE pleaded guilty to Count One which charged him with Conspiracy to Commit Bank and Wire Fraud.
Investigation of this case was conducted by the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore represented the United States.
Former Fugitive Admits Selling Bogus Insurance PoliciesRead the Press Release
CAMDEN, N.J. – A former insurance broker admitted today to conspiring to defraud purchasers of commercial liability insurance by overcharging for policies as well as issuing some customers bogus policies, U.S. Attorney Paul J. Fishman announced.
Thomas M. Grubb Jr., 58, of Voorhees, N.J., pleaded guilty before Chief U.S. District Judge Jerome B. Simandle in Camden federal court to an indictment charging him with one count of conspiracy to commit mail fraud and wire fraud.
Grubb was originally arrested on April 14, 2008, and charged by complaint with one count of obstruction of justice. On Nov. 5, 2008, Grubb failed to appear in court and a warrant was issued for his arrest.
Special agents of IRS-Criminal Investigation apprehended Grubb in Port Charlotte, Fla., on Dec. 6, 2011.
According to documents filed in this case and statements made in court: Grubb was employed at Aconorate Insurance Agency in Hammonton, N.J., when Aconorate engaged in a scheme to defraud its clients by overcharging them for commercial liability insurance and selling them policies that were not issued by a legitimate insurance carrier. Grubb – along with the individuals identified in court documents as “CC-1,” the owner of Aconorate, and “CC-2,” an information technology employee at Aconorate – procured insurance for Aconorate commercial liability insurance clients through an insurance broker in Texas, identified as “GM.” Many of the clients were bars, restaurants, and nightclubs.
Grubb and the owner of Aconorate substantially inflated the premiums that they charged these customers, sometimes increasing the quote that GM provided by as much as 700 to 800 percent. Between June 2004 and July 2006, Grubb and the owner of Aconorate collected more than $1 million dollars in premiums for commercial liability insurance procured through GM and kept over $597,000 of the premiums for themselves.
Grubb and others also took steps to create the appearance that the insurance companies purportedly issuing the policies were legitimate, including creating websites, mailing addresses, and telephone numbers for the insurance companies, and setting up their own mechanism to pay claims.
The mail fraud and wire fraud conspiracy charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for July 30, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, Newark field office, with the investigation leading to today’s guilty plea.
The government is represented by Attorney in Charge R. Stephen Stigall of the U.S. Attorney’s Office Criminal Division in Camden.14-111
Defense counsel: Anne Singer Esq., Haddonfield
Grubb, Thomas Indictment
Former Bank Executive Sentenced for Mortgage FraudRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton, Jr. today sentenced Braden Koegel (35, Apopka) to three years and six months in federal prison for bank fraud. Koegel pleaded guilty on November 21, 2013.
According to court documents, Koegel, a former home lending executive at a local bank, fraudulently obtained more than $2 million worth of fraudulent home mortgages on two properties in North Carolina. He did so by utilizing "straw purchasers" (individuals who would act as buyers) to purchase the properties, and by lying about the income and assets of these straw purchasers on loan applications. Both of these properties ultimately went into foreclosure, resulting in a loss of more than $1 million to the lenders.
This case was investigated by the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Florida Division of Financial Services. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Former Alabama Real Estate Investor Indicted forConspiracy to Commit Mail FraudRead the Press Release
A federal grand jury in Mobile, Ala., returned a one-count indictment against a former real estate investor, charging him with conspiracy to commit mail fraud as part of a scheme related to public real estate foreclosure auctions held in southern Alabama, the Department of Justice announced today.
The indictment, returned on March 27, 2014, and entered today in the U.S. District Court for the Southern District of Alabama, charges former real estate investor Chad E. Foster, of Theodore, Ala., with conspiracy to commit mail fraud affecting a financial institution. The department alleged that the scheme defrauded financial institutions, homeowners and others with a legal interest in selected foreclosure properties, for the unlawful purpose of obtaining money and property through fraudulent pretenses, representations or promises.
The indictment charges Foster with conspiring with others to, among other things, conduct secret, second auctions open only to members of the conspiracy, to make payoffs to and receive payoffs from co-conspirators and to divert money away from financial institutions, homeowners and others with a legal interest in selected properties. Several financial institutions suffered actual monetary losses as a result of the conspiracy. According to the charge, Foster participated in the mail fraud conspiracy beginning at least as early as February 2005 and continuing until at least January 2007.
“Conspiring to defraud financial institutions and distressed homeowners is a crime the Antitrust Division takes seriously,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The division will vigorously prosecute those who subvert the competitive process for their own gains.”
“The public demands that the integrity of our nation’s financial institutions and processes be free from fraud and deceit,” said Stephen E. Richardson, FBI Special Agent in Charge of the Mobile Field Office. “These indictments in this investigation reflect the FBI’s unwavering commitment to protecting the citizen’s reliance on those processes.”
To date, nine individuals and two companies have pleaded guilty in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes in the Alabama real estate foreclosure auction industry.
The charge of conspiracy to commit mail fraud affecting a financial institution carries a maximum penalty of 30 years in prison, five years of supervised release, and a $1 million fine.
Today’s charge stems from an ongoing investigation being conducted by the Antitrust Division’s new Washington Criminal II Section and the FBI’s Mobile Field Office, with the assistance of the U.S. Attorney’s Office for the Southern District of Alabama. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions in Alabama should call the Antitrust Division at 404-331-7116, or visit www.justice.gov/atr/contact/newcase.htm.
Today’s charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. 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 nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.Final Defendant Pleads Guilty in Scheme to Use Fresno Trucking Front to Smuggle Cocaine into CanadaRead the Press Release
FRESNO, Calif. —Armitdeep Mann, 33, a Toronto resident and a Canadian citizen, pled guilty today to conspiracy to distribute and possess with the intent to distribute five or more kilograms of cocaine, United States Attorney Benjamin B. Wagner announced.
According to court documents, Mann helped set up a Fresno trucking company intending that cocaine would be concealed in legitimate cargo to be shipped to Canada. As part of the conspiracy, on September 21, 2012, another person was sent to Los Angeles and obtained eight kilograms of cocaine. Law enforcement seized that cocaine and arrested Mann and additional defendants. A follow-up search warrant on September 21, 2012, at the Los Angeles residence where authorities believed the eight kilograms of cocaine had been stored resulted in the seizure of an additional forty kilograms of cocaine.
Mann has been held in custody without bail since his September 21, 2012 arrest. According to court documents, Mann’s father Harjeet Mann, was arrested in the Bakersfield area during 2008 and subsequently convicted of federal cocaine trafficking charges.
This case was the product of an investigation by the Organized Crime Drug Enforcement Task Force. The Drug Enforcement Administration, Fresno Police Department, and the Fontana and Vernon Police Departments actively worked on the case. Assistant United States Attorney Kevin Rooney is prosecuting the case.Armitdeep Mann is scheduled to be sentenced by Judge Anthony W. Ishii on June 9, 2014, at 1:30 p.m. Mann faces a maximum statutory penalty of life in prison and a $10,000,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Federal Grand Jury in Fort Wayne Returns IndictmentRead the Press Release
Hammond South Bend Fort Wayne
Fort Wayne, Indiana - The United States Attorney's Office announced that a Grand Jury sitting in Fort Wayne, Indiana, returned the following Indictment on March 26, 2014: Kelvin B. Walker, 49, of Fort Wayne, Indiana, is charged in a six count Indictment with making a false claim on IRS tax returns on or about April 18, 2011, February 16, 2011, January
19, 2012, March 30, 2011, January 7, 2012 and April 17, 2012. These charges were filed as a result of an investigation by the Internal Revenue Service, Treasury Inspector General for Tax Administration, and the Fort Wayne Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Lovita Morris King.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.Father and Son Sentenced to Lengthy Federal Prison Sentences on Conspiracy and Health Care Fraud ConvictionsRead the Press Release
Defendants Owned a Physician House Call Company and Billed for Services Not Rendered
DALLAS — Two Grand Prairie, Texas, men, convicted at trial in October 2013 on conspiracy and health care fraud charges related to their operation of A Medical House Calls, a physician house-call company in North Texas, were sentenced this morning by U.S. District Judge David C. Godbey, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Lawrence Dale St. John, 67, was sentenced to serve a total of 262 months in federal prison, and his son, Jeffrey Dale St. John, 42, was sentenced to serve a total of 135 months in federal prison. Both St. John’s were ordered to pay restitution to the Centers for Medicare and Medicaid Services (CMS).
Each defendant was convicted at trial on one count of conspiracy to commit health care fraud and 13 substantive counts of health care fraud. Co-defendant Dr. Nicolas Alfonso Padron, 54, of Garland, Texas, pleaded guilty in September 2013 to one count of conspiracy to commit health care fraud. Dr. Padron, who joined A Medical as its medical director in December 2009, testified, as did a number of nurse practitioners, physician assistants and company staff, services billed were never performed. Earlier this month, Judge Godbey sentenced Dr. Padron to 57 months in federal prison and ordered that he also pay restitution to CMS.
A Medical provided physician visits to Medicare beneficiaries in their homes rather than at a doctor’s office. A Medical, aka A+ Medical House Calls and ANM Physician House Calls, was owned by Lawrence St. John; Jeffrey St. John ran its daily operations. A Medical had locations in Mesquite, Texas; Dallas; and Carrollton, Texas. Its primary purpose was to certify and re-certify Medicare beneficiaries for home health services, regardless of the true condition of the patient.
Once A Medical established a Medicare beneficiary for physician home-visit services, it would submit billing for fraudulent care plan oversight claims. The company did not provide primary care physician services to Medicare beneficiaries.
According to documents filed in the case and evidence presented at trial, from May 2010 to January 2012, the defendants conspired together and with others to defraud the Medicare program. A Medical, at the direction of Lawrence and Jeffrey St. John, submitted claims to Medicare using Dr. Padron’s unique Medicare number, with Dr. Padron’s permission, regardless of the claim’s merit.
The defendants conspired together to bill Medicare for care plan oversight by Dr. Padron for numerous beneficiaries when Dr. Padron was out of town, including dates when he was out of the country and on a cruise.
In total, the defendants billed taxpayers for $1.4 million of services that were either not medically necessary or not rendered at all. Through the fraudulent certifications, Medicare was billed an additional $9.7 million by home health agencies.
The U.S. Department of Health and Human Services - Office of Inspector General, the FBI and the Medicaid Fraud Control Unit of the Office of the Attorney General of Texas investigated. Assistant U.S. Attorneys Kate Pfeifle and J. Nicholas Bunch prosecuted.
District Man Pleads Guilty to Prostituting and Sexually Abusing 15 Year-Old Victim-Defendant Lured Teenager from Seattle to Work as Prostitute-Read the Press Release
WASHINGTON – Jason Whren, 33, of Washington, D.C., pled guilty today to charges of first-degree sexual abuse of a child and pandering of a minor for sexually abusing and prostituting a 15-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.
Whren pled guilty in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for June 11, 2014. Whren faces a potential sentence of life in prison without the possibility of release, as well as a fine of up to $250,000. In addition to prison time, he will be required to register as a sex offender for ten years.
According to the government’s evidence, Whren contacted the victim on Facebook and began to develop a relationship with her over the telephone and internet. After sending the victim numerous text messages that contained sexually explicit pictures of himself, Whren was able to entice the victim to travel from Seattle to Washington, D.C. in December 2012.
Upon her arrival in Washington, D.C., the defendant immediately engaged in intercourse and other sexual activities with the victim. He then began prostituting the teenager, forcing her to walk the streets to find clients, as well as compelling her to respond to illicit Internet advertisements that he posted. The activities took place between Dec. 1, 2012 and Dec. 5, 2012 in Northeast Washington. Whren’s crimes were ultimately discovered by undercover officers conducting an operation to locate child prostitutes in the District of Columbia.
In announcing the guilty plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Narcotics and Special Investigation Division, Human Trafficking Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key, and Assistant U.S. Attorneys Danny Nguyen and Mervin A. Bourne, Jr., who investigated and prosecuted the matter.
14-076Detroit Resident Convicted for Assaulting A Federal Law Enforcement OfficerRead the Press Release
Larry O’Neill Walker, II, 31, of Detroit, was convicted today in federal district court of assaulting a federal law enforcement officer, announced United States Attorney Barbara McQuade.
McQuade was joined in the announcement by Special Agent in Charge Paul Abbate, Federal Bureau of Investigation, Detroit Field Office.
The three day trial was conducted before United States District Judge Marianne O. Battani. The jury deliberated for approximately 20 minutes before reaching their verdict.
"This defendant endangered a law enforcement officer and members of the public by using his vehicle as a weapon," McQuade said.
“The use or attempted use of violence against law enforcement officers carrying out their sworn duties is an offense against every brave individual who has ever worn the badge,” stated Paul M. Abbate, Special Agent in Charge of the FBI Detroit Field Office. “When violent perpetrators direct their actions toward those whose duty is to protect and serve, they will be brought to justice.”
Evidence presented during the trial established that FBI Federal Task Force Officer Scott Herzog was assisting the Detroit Police Department with an investigation in the early morning hours of November 7, 2013. Officer Herzog was conducting surveillance in an undercover car in a parking lot in Rochester Hills, Michigan, when Walker sped into the lot and attempted to hit Officer Herzog’s car with his vehicle.
Officer Herzog left the lot and traveled away from Walker on Rochester Road. Walker chased Officer Herzog north on Rochester Road, at times reaching speeds in excess of 70 miles per hour, attempting to strike the rear bumper and rear quarter panels of the officer’s car. The assault ended just before the two cars entered the City of Rochester when Officer Herzog activated his emergency lights and maneuvered his car to halt Walker’s pursuit.Sentencing is set before Judge Marianne O. Battani on July 8, 2014, at 2:00 p.m.
McQuade praised the work of the Detroit office of the FBI and the Violent Crime Task Force. Assistant U.S. Attorneys John O’Brien and Eaton Brown are handling the prosecution of this case.
Delaware County Man Sentenced for Mortgage and Bank FraudRead the Press Release
PHILADELPHIA - Simon H. Aouad, 35, of Garnet Valley, PA, was sentenced today to 70 months in prison and restitution of $5,462,682 for a mortgage fraud scheme involving fraudulently obtained mortgages to purchase properties in North Wildwood, NJ, and Dorchester, MA, and a bank fraud scheme involving fraudulently obtained lines of credit at Wachovia Bank, now Wells Fargo Bank. Aouad pleaded guilty to conspiracy, mail fraud, and bank fraud. He was involved in three schemes. In the first, properties primarily located in North Wildwood, NJ, were purchased for inflated sale prices, and using false borrower income and asset information so that the buyers could obtain kickbacks totaling tens of thousands of dollars, which were not disclosed to the lenders. In the second, lines of credit at Wachovia Bank were obtained using false borrower income and employment information. In the third, the conspirators arranged for sham real estate transactions involving properties located in Dorchester, MA, in which a straw buyer would purchase properties from one of the conspirators for inflated prices. The sham sales were financed with fraudulently obtained mortgages. The conspirators split the proceeds of the sham sales.
Aouad=s co-conspirators in the North Wildwood scheme included John C. Lucidi, Jr., Daniel Mumbower (who was, at the time, an employee of Wachovia Bank), Timothy Cook, Eric Maratea, and Eric Itzi, all of whom have pleaded guilty to charges stemming from the mortgage fraud scheme. Aouad brought willing buyers, such as Cook, Maratea, and Itzi, to Lucidi, in exchange for fees and kickbacks for each successful buyer. In the Massachusetts mortgage fraud scheme, Aouad identified straw buyers for his co-conspirators, which included a former mortgage broker, and Aouad shared in the proceeds of the sham sales. The mortgages Aouad facilitated in both schemes went into default and caused losses to the lenders of a little more than $5 million.
Aouad=s co-conspirators in the bank fraud scheme included a loan broker by the name of Gerald Cathie, who is charged elsewhere, as well as Daniel Mumbower, a corrupt Wachovia Bank loan officer. Similar to his role in the mortgage fraud schemes, Aouad facilitated the fraudulently obtained Wachovia Bank lines of credit by bringing borrowers to Cathie and Mumbower to apply for the lines of credit using false income and other information. When the loans were funded, the borrowers paid Cathie a fee of 5-7% of the amount of loan proceeds, Cathie kicked money back to the loan officer, and the loan officer paid Aouad several thousand dollars from the loan proceeds for his role in identifying the borrower. The Wachovia Bank loans that Aouad facilitated went into default and caused losses to Wachovia Bank of approximately $400,000.In addition to the prison term and restitution, U.S. District Court Judge C. Darnell Jones, II, ordered forfeiture of $3,675,468, a $400 special assessment, and five years of supervised release.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigations, and the United States Secret Service. It was prosecuted by Assistant United States Attorneys Nancy E. Potts.
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PATTY HARTMAN, Media Contact, 215-861-8525Court of Appeals Upholds Former County Commissioner’s Bribery ConvictionsRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley III announces that the United States Court of Appeals for the Eleventh Circuit today affirmed the convictions and sentence of former Hillsborough County Commissioner Kevin White for his role in a bribery scheme. White had been convicted after a jury trial of bribery, mail fraud, wire fraud, and conspiracy to commit both fraud and bribery. In March 2012, he was sentenced to a total of three years’ imprisonment.
In 2009 and 2010, while White was a Hillsborough County Commissioner, he also served as Chairman of the County’s Public Transportation Commission, which was responsible for certifying towing companies to work for county law-enforcement agencies. The evidence at trial showed that White had received cash bribes from persons who wanted the commission to certify their towing companies and help them get hired by local law-enforcement agencies. White’s father, Gerald White, also participated in the scheme; he urged the towing companies to pay bribes, insisting that White could help them out if they helped out the Whites. Unbeknownst to the Whites, the men they met with were an FBI informant and an undercover FBI special agent. In a series of meetings, many of which were recorded, both White and Gerald White received thousands of dollars in cash bribes from the informant and from the agent. In addition to the cash bribes, Gerald White demanded and received from the informant a Lincoln Navigator SUV.
At Kevin White’s trial, the jury found White guilty of seven counts. White’s father (Gerald) did not go to trial, as he had died in the meantime. White appealed his convictions and his sentence to the Court of Appeals in Atlanta. He argued that the evidence at trial had been insufficient to support his convictions because the Public Transportation Commission receives no federal funds, and the federal bribery statute applies only to agents of agencies that receive at least $10,000 in federal funds annually. The Court of Appeals rejected White’s argument, pointing out that White also was acting as an agent of the Hillsborough County Commission when he solicited and took the bribes, and Hillsborough County receives millions of dollars in federal funds each year. As the Court explained, “Ample evidence supports White’s convictions for bribery and conspiracy to bribe.”
White also challenged his three-year sentence, arguing that the sentencing court should not have taken into account the SUV that his father had received and should not have increased his sentence based on his status as an elected public official. The Court of Appeals rejected those arguments as well and upheld White’s three-year sentence.
This appeal was handled by Assistant United States Attorney David Rhodes, Chief of the Office’s Appellate Division.
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Congressional Candidate, Husband, Admit Violating Federal Campaign Finance LawsRead the Press Release
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The United States Attorney for the District of Connecticut and the United States Postal Inspection Service announced that LISA WILSON-FOLEY, a former candidate for the U.S. House of Representatives, and her husband, BRIAN FOLEY, of Simsbury, pleaded guilty today before U.S Magistrate Judge Donna F. Martinez in Hartford to conspiring to make illegal campaign contributions.
According to court documents and statements made in court, in 2011 and 2012, WILSON-FOLEY, 54, was a candidate for election to the U.S. House of Representatives from Connecticut’s Fifth Congressional District, and competing in a primary campaign for the nomination of the Republican Party. As a candidate for federal office, WILSON-FOLEY and her associates formed and registered with the Federal Election Commission (“FEC”) the “Lisa Wilson-Foley for Congress” committee in order to receive contributions and make expenditures on behalf of her campaign.
WILSON-FOLEY knew that federal law imposed restrictions on contributions to federal campaigns, and that her campaign committee was required by law to file periodic reports with the FEC detailing, among other things, contributions made to her campaign and expenditures made on the campaign’s behalf. Under the federal campaign finance laws, convention, primary and general election campaign contributions were limited to $2,500 each, for a total of $7,500, from any individual to any one candidate. WILSON-FOLEY knew that one of the purposes of the FEC reporting requirements was to make available to the voting public information concerning the source of contributions to the campaign and the nature of the campaign’s expenditures.
In September 2011, WILSON-FOLEY, FOLEY and a co-conspirator, who is a former elected official in the State of Connecticut, entered into an unlawful conspiracy to make and cause to be made illegal contributions to WILSON-FOLEY’s campaign. As part of the scheme, the co-conspirator proposed to WILSON-FOLEY and FOLEY that he, the co-conspirator, be hired to work on the campaign. The co-conspirator advised that he could replace the private political consultant that the campaign had retained. WILSON-FOLEY wanted the co-conspirator to work on the campaign, but believed that if the co-conspirator was hired in a significant role by her campaign and paid through her campaign committee for that work, the media and the voting public would become aware of the co-conspirator’s official association with her campaign. WILSON-FOLEY believed that, because the co-conspirator had previously been convicted of a felony offense, disclosure of his paid role in the campaign would result in substantial negative publicity for WILSON-FOLEY’s candidacy. In order to retain the co-conspirator’s services for the campaign while reducing the risk that his paid campaign role would be disclosed to the public, WILSON-FOLEY, FOLEY and the co-conspirator agreed that the co-conspirator would be paid by FOLEY to work on the Campaign.
FOLEY, 62, owns a Connecticut nursing home company and a number of other related companies, including a real estate company. As part of the scheme, the co-conspirator, FOLEY and others created and executed a fictitious contract outlining an agreement purportedly for consulting services between the co-conspirator and the law offices of an attorney who worked for FOLEY’s nursing home company. FOLEY made regular payments to the co-conspirator for his work on behalf of WILSON-FOLEY’s campaign and routed those payments from his real estate company through the law offices of the attorney and on to the co-conspirator.
The co-conspirator provided nominal services to FOLEY’s nursing home company in order to create a “cover” that he was being paid for those nominal services when, in fact, he was being paid in exchange for his work on behalf of WILSON-FOLEY’s campaign.
Between September 2011 and April 2012, the co-conspirator was paid approximately $35,000 for services rendered to WILSON-FOLEY’s campaign. The payments originated with FOLEY and constituted campaign contributions, but were not reported to the FEC in violation of federal campaign finance laws.
WILSON-FOLEY and FOLEY are scheduled to be sentenced by Senior U.S. District Judge Warren W. Eginton in Bridgeport on June 23, 2014, at which time they face a maximum term of imprisonment of one year and a fine of up to $100,000.
This ongoing investigation is being conducted by the U.S. Postal Investigation Service. The case is being prosecuted by Assistant U.S. Attorneys Liam Brennan and Christopher Mattei.
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U.S. ATTORNEY'S OFFICE
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(203) 821-3722 [email protected]Clarksburg Resident Sentenced to More Than 10 Years in Prison on Heroin and Firearms ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – U.S. Attorney William J. Ihlenfeld, II announced that Judge Keeley sentenced JUSTIN ZACHARY ROSA a/k/a “PEE WEE,” age 20, of Clarksburg, to 125 months in prison and three years of supervised release for “Possession with Intent to Distribute Heroin” and “Possession of a Firearm by an Unlawful User and Addict to Heroin.” Judge Irene Keeley also ordered the forfeiture of $4,822.46 in United States currency which constitutes proceeds obtained from the illegal activity, a cellular phone, a Smith and Wesson revolver and $4,720 in counterfeit U.S. currency. ROSA was remanded to the custody of the United States Marshal pending designation to a Federal institution.
In other sentencings:
LEROY ROUSSEAU a/k/a “BLACK,” age 25, of Clarksburg and formerly of Washington, D.C., was sentenced to 84 months in prison and six years of supervised release for “Employment and Use of a Person Under 18 Years of Age in Drug Operations” and “Felon in Possession of a Firearm.” As part of his plea, ROUSSSEAU forfeited a Haskell .45 caliber pistol as property used to commit the charged offenses. ROUSSEAU was remanded to the custody of the United States Marshal pending designation to a Federal institution. ROUSSEAU’s co-defendants, FRANCESCA STRAKAL a/k/a “ROCKY,” age 21, and TALYA KEENER, age 22, of Clarksburg, were sentenced to three years of probation for “Maintaining a Drug-Involved Premise.”
NICOLE BENNETT, age 33, of Clarksburg, was sentenced to 46 months in prison for “Intentional Harassment to Dissuade Another Person from Assisting in Criminal Prosecution.”
“Ensuring the safety of witnesses is paramount and persons who intentionally harass federal witnesses, particular juvenile witnesses, will be prosecuted to the fullest extent of the law,” said U.S. Attorney Ihlenfeld in reaction to the sentencing of BENNETT.These cases were prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force.
RONALD STARKEY, age 29, of Morgantown, West Virginia, was sentenced to 37 months in prison and three years of supervised release for “Felon in Possession of a Firearm.” This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Zelda E. Wesley
BEN PHARES, age 27, of Kingwood, West Virginia, was sentenced to 18 months in prison for “Distribution of Heroin within 1,000 feet of a Protected Location.” The case was investigated by the West Virginia State Police-Bureau of Criminal Investigations, and prosecuted by Wesley.
MICHAEL MATHENA, age 28, of Clarksburg, entered a plea of guilty and was sentenced to 12 months and 1 day in prison for “Attempted Escape.” MATHENA was confined at the Bannum Place Halfway House in Clarksburg where he was serving the remainder of a sentence for violating supervised release conditions for a federal drug office. On November 14, 2013, MATHENA left the halfway house and did not return and was arrested on November 19, 2013, in Monongah, West Virginia. The case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the United States Marshals Service.
Case Update: Central Valley Marijuana TraffickersRead the Press Release
FRESNO, Calif. — Marijuana cultivators from Kern, Stanislaus, and Fresno Counties entered guilty pleas today in two cases and were sentenced in another for their involvement in separate large-scale marijuana cultivation operations, according to U.S. Attorney Benjamin B. Wagner.
Kern County Marijuana Cultivation/Processing Operation (1:13-cr-00028 AWI)Bernabe Hernandez, 53, of Arvin, Calif., entered a guilty plea to conspiring to cultivate, distribute and possess with intent to distribute marijuana and agreed to forfeit the 29 acre agricultural parcel that he owned and used to grow the marijuana. According to court documents, Hernandez is the owner and resident of property on Wheeler Ridge Road in Arvin where Kern County Sheriff deputies found and seized 1,387 pounds of processed marijuana and 338 marijuana plants during the execution of a search warrant there. They also found scales, packaging material, and ammunition and seized $3,179 in drug proceeds from Hernandez’s residence on the property. Hernandez also agreed to forfeit the money seized from his residence.
Hernandez faces a maximum prison term of 20 years, along with a fine of up to $1 million. He is scheduled for sentencing on June 9, 2014. His actual sentence will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The case was investigated by the U.S. Drug Enforcement Administration (DEA), Homeland Security Investigations of Immigration and Customs Enforcement (ICE), and Kern County Sheriff’s Office. Assistant U.S. Attorney Karen Escobar is handling the criminal case and Assistant U.S. Attorney Heather Mardel Jones is handling the forfeiture of assets.Modesto Man Pleads Guilty in River Marijuana Operation (1:12CR342 AWI)
Symery Saykganya, 57, of Modesto, Calif., also entered a guilty plea to conspiring to manufacture, distribute and possess with intent to distribute marijuana grown beside the San Joaquin River in the vicinity of Newman in Stanislaus County. In pleading guilty, Saykganya acknowledged that he and four other men cultivated 907 marijuana plants. During the execution of a search warrant at the grow site, agents also found a firearm and saw that water from the San Joaquin River had been diverted to irrigate the marijuana plants.
Saykganya faces a maximum prison term of 20 years and a fine of up to $1 million. His actual sentence will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables. He is scheduled for sentencing on June 16, 2014.The case was investigated by federal agents from the DEA and Stanislaus Drug Enforcement Agency, a multi-agency drug task force in Modesto.
Las Vegas Man Sentenced for Fresno County Ag Grow (1:12CR2341 LJO)
Paul Nokham, also known as Bountheung Nokham, 49, of Las Vegas, Nevada, was sentenced to two years for conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on an agricultural parcel on Marks Avenue in rural southwest Fresno. During the execution of a federal search warrant there, narcotics agents found Nokham with four other men, 2,932 marijuana plants, and a firearm. The men claimed the plants were being grown for medical reasons. While federal law does not recognize the medical use of marijuana, several of the men acknowledged that the operation was for profit, in violation of California law. In pleading guilty, Nokham acknowledged that he was in Fresno to work and was planning to take processed marijuana back to Las Vegas. Nevada does not recognize the medical use of marijuana.
The case against Nokham was investigated by the DEA and Fresno County Sheriff’s Office.
Assistant United States Attorney Karen A. Escobar prosecuted the cases against Saykganya and Nokham.
Buffalo Man Arrested, Charged with Possession of Child PornographyRead the Press Release
BUFFALO, N.Y - - U.S. Attorney William J. Hochul, Jr. announced today that Jason Zaifert, 33, of Buffalo, N.Y., was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that law enforcement officers executed a search warrant at defendant’s residence during which they seized various electronic items. Among the items seized, a computer that contained images of child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The arrest is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Apopka Felon Pleads Guilty to Possession of Drugs, Guns and AmmunitionRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Jermal Marquis Chambers (25, Apopka) today pleaded guilty to possession of firearms and ammunition in furtherance of a drug trafficking crime and possession of firearms by a convicted felon. Chambers faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on May 7, 2013, the Orange County Sheriff’s Office (OCSO) responded to the scene of a shooting in Apopka in which multiple attackers used multiple firearms to shoot at several victims. Evidence retrieved at the scene included .40 caliber, 9 mm, and .45 caliber shell casings. One victim was severely injured with a gunshot wound to his pelvis.
During the afternoon of May 7, 2013, unknown assailants shot at Chambers and his uncle outside an apartment complex. No one was injured during the incident.
Late in the evening on May 9, 2013, OCSO responded to another scene of a shooting in Apopka. Multiple attackers had fired bullets into a house where Chambers lived. A subsequent examination of the residence revealed approximately 68 bullet holes in the structure, along with fired cartridges from at least three firearms of different calibers near the structure.
During the execution of a search warrant at the residence, agents found several canvas bags holding a stash of cocaine and related drug paraphernalia, seven firearms, including a .223 caliber assault rifle, a nine millimeter pistol, two .38 caliber pistols, a 12-gauge shotgun, a .22 caliber rifle, and a .40 caliber pistol, along with hundreds of rounds of ammunition for these firearms. A forensic examination of shell casings recovered from the first shooting incident on May 7, 2013, revealed that they were fired from the assault rifle found in Chambers’ home. DNA evidence also established that Chambers had held the .22 caliber rifle.
Chambers was previously convicted of felony burglary in 2006 and was, therefore, prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Bruce S Ambrose.
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 improve the quality of life in communities where law enforcement efforts are focused.
Antonio Pena-Arguelles Sentenced to Federal Prison for Conspiracy to Commit Money LaunderingRead the Press Release
In San Antonio, 58-year-old Antonio Pena-Arguelles, a citizen of Mexico, was sentenced to 30 months in federal prison for his role in a money laundering conspiracy announced United States Attorney Robert Pitman of the Western District of Texas, United States Attorney Kenneth Magidson of the Southern District of Texas, Acting Drug Enforcement Administration Special Agent in Charge Steven S. Whipple, Houston Division, Internal Revenue Service-Criminal Investigation Special Agent In Charge Steve McCollough, Homeland Security Investigations Special Agent In Charge Janice Ayala and Texas Attorney General Greg Abbott.
Appearing before U.S. District Judge Orlando Garcia this afternoon, Pena-Arguelles pleaded guilty to a one-count Superseding Information filed today charging him with conspiracy to commit money laundering. In addition to the prison sentence imposed, Pena-Arguelles agreed to forfeit to the federal government approximately $5.5 million in U.S. currency and real estate property.
Pena-Arguelles remains in federal custody.
This matter was investigated by the DEA, IRS-Criminal Investigation, HSI and the Texas Attorney General’s Office and prosecuted with the assistance of the United States Attorney’s Office for the Southern District of Texas.
Activity for March 20, 2014Read the Press Release
Wyoming Man Charged with Assault on a Federal Officer
U.S. Attorney for the District of Wyoming Christopher A. Crofts announced that on March 20, 2014, Kevin Paul Brown, a 23-year-old Northern Arapaho Tribal Member, was charged in an indictment with one count of assault on a Bureau of Indian Affairs police officer in violation of 18 U.S.C. §§ 111(a)(1) and 111(b). The charge against Mr. Brown stems from an incident that occurred on November 16, 2013, on the Wind River Indian Reservation. Mr. Brown is facing a potential twenty (20) year term of imprisonment, and could be ordered to pay restitution, a fine, and special assessment.Wyoming Man Charged with Assault Resulting in Serious Bodily Injury
U.S. Attorney for the District of Wyoming Christopher A. Crofts announced that on March 20, 2014, Dustin James Friday, a 23-year-old Northern Arapaho Tribal Member, was charged in an indictment with one count of assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. The charge against Mr. Friday stems from an incident that occurred on January 14, 2014 on the Wind River Indian Reservation. Mr. Friday is facing a potential ten (10) year term of imprisonment, and could be ordered to pay restitution, a fine, and special assessment.Northern Arapaho Man Charged with Assault with a Dangerous Weapon with Intent to do Bodily Harm
Christopher A. Crofts, U.S. Attorney for the District of Wyoming, announced that on March 20, 2014, Matthew Lawrence Antelope, a 29-year-old Northern Arapaho Tribal Member from the Wind River Indian Reservation, was charged in an Indictment with one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm in violation of 18 U.S.C. §§ 113(a)(3) and 1153. The charge against Mr. Antelope stems from a stabbing incident with occurred on January 28, 2014, on the Wind River Indian Reservation. Mr. Antelope is facing a potential ten (10) year term of imprisonment, and could be ordered to pay a fine of not more than $250,000, restitution and a special assessment.
29 March 2014
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on March 25, 2014 and entering pleas of Not Guilty were:
- LSUM MANLEY CAIBAIOSAI, a 35-year-old resident of Hobbema, Alberta, appeared on charges of theft of government property and false statements. If convicted of the most serious charge contained in the indictment, Caibaiosai faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 13-44
- AN DALE FREESE, a 47-year-old resident of Billings, appeared on charges of sexual abuse of a minor. If convicted of the charge contained in the indictment, FREESE faces life imprisonment, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-19
- LE HANDRAN, a 33 year-old resident of Scobey, appeared on charges of acquiring a controlled substances by fraud, forgery, deception. If convicted of the charge contained in the indictment, HANDRAN faces 4 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-36
- N WILLARD HUNN, a 47 year-old resident of Great Falls, appeared on charges of distribution of Vicodin resulting in death, distribution of Vicodin, Soma, Ambiem, and Xanax, and distribution of dextro-amphetamine. If convicted of the most serious charges contained in the indictment, HUNN faces 20 years imprisonment, $1,000.000 in fines and 3 years supervised release. PACER Case Reference: 14-28
- NSING ZACHARY ROCK ABOVE, a 29-year-old resident of Crow Agency, appeared on charges of assault resulting in seriously bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, ROCK ABOVE faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-35
- VA ESTELLE THREE IRONS, a 23-year-old resident of Crow Agency, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, THREE IRONS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-34
Appearing before U.S. Magistrate Lynch in Missoula on March 26, 2014 and entering pleas of Not Guilty were:
- RRY WARREN ERVIN, JR., a 38-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, ERVIN, faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case investigated by the Missouri River Drug Task Force. PACER Case Reference: 14-04-BU-DLC
Appearing before U.S. Magistrate Holter in Great Falls on March 27, 2014 and entering pleas of Not Guilty were:
- GAN ROSE FLYING, a 26-year-old resident of Harlem, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, FLYING faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
- AN ANTONIO MALDONADO-AXUME, a 23-year-old resident of Honduras, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, MALDONADO-AXUME faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
Appearing before U.S. Magistrate Ostby in Billings on March 27, 2014 and entering pleas of Not Guilty were:
- IAN KEITH HARVEY, a 41 year-old resident of Billings, appeared on charges of being a felon in possession of a firearm. If convicted of the charge contained in the indictment, HARVEY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-29
Appearing before U.S. Magistrate Lynch in Missoula on March 27, 2014 and entering pleas of Not Guilty were:
- AD JEFFREY HENDRIX, a 28-year-old-resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, HENDRIX faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated was conducted by the Bureau of Alcohol, Tobacco and Firearms and Missoula Police Department. PACER Case Reference: 14-06
- LISSA A. WALLACE: a 28 year-old-resident of Billings, appeared on charges of wire fraud, theft of government property, and fraud. If convicted of the most serious charges contained in the indictment, WALLACE faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-13
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, if any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
28 March 2014
Week in Review – HammondRead the Press Release
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITION (before Judge Joseph S. Van Bokkelen)
Joseph Smith, 23, of South Bend, Indiana was sentenced to 30 months term of imprisonment followed by 3 years of supervised release on his guilty plea to the felony offense of conspiracy to distribute heroin.According to documents filed in this case, local law enforcement officers were notified of Smith’s involvement in the distribution of heroin.After investigations were conducted, it was determined that Smith drove another individual to various locations to deliver narcotics.This case was the result of an investigation by the Drug Enforcement Agency.This case was prosecuted by Assistant United States Attorney Joshua Kolar.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITIONS (before District Judge Theresa L. Springmann)
Jose Noe Perea Casteneda, 41, of Goshen, Indiana was sentenced to 30 months imprisonment after pleading guilty to the felony offense of conspiracy to distribute and possess a controlled substance. Supervised release was not ordered as defendant may be subject to deportation.According to documents filed in this case, Castenda was a supplier of cocaine to several individuals distributing narcotics in Fort Wayne, Indiana. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Deangelo Copeland, 36, of Fort Wayne, Indiana was sentenced to 51 months imprisonment with 2 years supervised release for armed bank robbery and was also sentenced to 60 months imprisonment with 2 years supervised release for carrying and using a firearm during and in relation to a crime of violence.The firearms sentence is to be served consecutively to the armed bank robbery sentence.Copeland was also sentenced to pay $16,405.39 in restitution.According to documents filed in this case, in April 2013, a local credit union was robbed by two assailants.Local law enforcement investigations determined that Copeland assisted in the robbery’s planning and execution.This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Sergio Alvarez-Arellano, 26, of Warsaw, Indiana was sentenced to 60 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of possessing with the intent to distribute a controlled substance, namely 500 grams or more of cocaine.According to documents filed in this case, Alvarez-Arellano was a supplier of cocaine to several individuals distributing narcotics in Fort Wayne, Indiana. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Walnut Creek Real Estate Investor Indicted for FraudRead the Press Release
OAKLAND – A federal grand jury in Oakland yesterday returned a two-count indictment charging Benny Chetcuti, Jr. with wire fraud, stemming from Chetcuti’s Walnut Creek, Calif., based real estate investment business, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
According to the Indictment, as early as Oct. 2002 and continuing through June 2010, Chetcuti allegedly defrauded private investors who loaned money to him and his business, Chetcuti & Associates. Chetcuti started Chetcuti & Associates in 1998 for the purpose of purchasing homes, renovating them, and selling them within a short time period. Chetcuti financed his business, in part, by obtaining loans from private investors in exchange for promissory notes that were supposed to be secured by interests in real properties. The Indictment alleges that Chetcuti defrauded investors by misrepresenting how much debt was already secured by the properties, falsely promising to record deeds of trust that would have secured the investors’ interests in the properties, directing others to impersonate lenders or title company officers in telephone calls, and forging letters purportedly written by lenders and title company officers.
A summons was issued upon filing of the Indictment. Chetcuti is scheduled to make his initial appearance on April 2, 2014 at 9:30 a.m. before the Honorable Kandis A. Westmore, United States Magistrate Court Judge in Oakland.
The maximum statutory penalty for each count of wire fraud in violation of 18 U.S.C. § 1343 is 20 years imprisonment and a fine of $250,000, or twice the gross loss or gain resulting from the offenses, plus restitution and forfeiture, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Andrew S. Huang is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Vanessa Quant. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Please note, an Indictment contains only allegations against a defendant and, as with all defendants, Benny Chetcuti, Jr. must be presumed innocent unless and until proven guilty.
(Chetcuti indictment )
Wallingford Woman Admits Producing Child PornographyRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANGELA D. MARTIN, also known as Angela Haussmann, 29, of Wallingford, pleaded guilty today before U.S. Magistrate Judge Holly B. Fitzsimmons in Bridgeport to one count of production of child pornography.
According to court documents and statements made in court, in August 2013, MARTIN sexually abused a female child, filmed the abuse with her cell phone, and then emailed the video to another individual in California. The victim was approximately three years old at the time of the abuse.
In addition to filming and distributing the video of the sexual abuse that she inflicted on the female child, MARTIN possessed and distributed other child pornography that she received from individuals with whom she was communicating via email, text messaging, and chat applications.
MARTIN is a registered sex offender as the result of a prior felony conviction in the state of Connecticut for second degree sexual assault of a minor.
MARTIN is scheduled to be sentenced by Chief U.S. District Judge Janet C. Hall in New Haven on June 20, 2014, at which time she faces a maximum term of imprisonment of 50 years. The penalties in this matter are enhanced based on MARTIN’s criminal history.
MARTIN has been detained since her arrest on September 19, 2013.
This matter is being investigated by the Federal Bureau of Investigation, the Wallingford Police Department, and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]United States Attorney Announces “Working Hard, Making A Difference” Award WinnerRead the Press Release
The United States Attorney for the District of Montana Michael W. Cotter announced today that Bureau of Indian Affairs (BIA) Victim Specialist Wendy Bremner, of Browning Montana, is the District of Montana's "Working Hard, Making A Difference" award winner. The award was created to recognize individuals in Indian Country who have made significant contributions to public safety.
Wendy Bremner is one of nine Native Americans, nationwide, that work as BIA Victim Specialists. As a Victim Specialist, Bremner helps crime victims navigate within the criminal justice system assuring that crime victims' rights are honored.
Bremner is an exceptional Victim Specialist" said United States Attorney Michael Cotter, "She addresses the needs of crime victims in a caring and professional way, enabling her
The volume of work in Blackfeet is breathtaking. Despite the great needs, Bremner is tireless. She is a reliable and valuable partner to the law enforcement team at Blackfeet. She has touched hundreds of lives. We are grateful for her service."
BIA Victim Specialist Supervisor Linda Bearcrane said, "Wendy's role as a Victim Specialist is devoted to helping Native Americans during very traumatic circumstances. The Office of Justice Services is fortunate to have Wendy as a victim services provider who treats victims with dignity and respect. I am delighted that Wendy Bremner is being recognized for the outstanding service she provides the people of Blackfeet Reservation."
For more information regarding the BIA's Victim Services Office:
- tp://www.bia.gov/WhoWeAre/BIA/OJS/VictimServices/index.htm
For a Digital Story Telling Workshop video featuring Wendy Bremner:
- tps://www.youtube.com/watch?v=G7AVc9CdOD0
Union Official Sentenced to Probation with Home Confinement for EmbezzlementRead the Press Release
PITTSBURGH – A Butler County resident was sentenced on Thursday in federal court to three years probation, including six months home confinement, and restitution of $13,496.00 on his conviction of embezzlement from a labor union, United States Attorney David J. Hickton announced today.
United States District Court Nora Barry Fischer imposed sentence upon Duane Rill, of Cranberry Township, Pa.
According to information presented to the court, Rill, a Secretary-Treasurer of the Berry Metal Employees’ Association, an independent union, stole $13,496.00 from the union by writing and cashing unauthorized union checks and by making an unauthorized cash withdrawal during the period from March 23, 2007, to November 20, 2009.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Department of Labor, Office of Labor Management Standards, for the investigation that led to the successful prosecution of Rill.
Two Armed Robbers Exiled to over 11 Years in Prison for Stealing Prescription Drugs and Cash from A Woodbine PharmacyRead the Press Release
Tied up the Pharmacist and Store Clerk, and Took the Pharmacist’s Car
Baltimore, Maryland – U.S. District Ellen L. Hollander sentenced Anthony Sering and Anthony Alascio, both age 28, of Anne Arundel County, today each to 135 months in prison followed by three years of supervised release for conspiring to commit robbery. Judge Hollander also entered an order that the defendants pay $4,095 in restitution.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Howard County Police Chief William McMahon; and Howard County State’s Attorney Dario Broccolino.
According to their plea agreements, on December 28, 2012 the defendants took a car from a relative of Alascio without permission and drove to a neighborhood near a pharmacy in Woodbine, Maryland. They parked the car in front of the garage of a residence. The owner of the residence became suspicious and called police.
The defendants left the car and walked to the pharmacy, wearing disguises. One of the defendants pointed a gun at the pharmacist and demanded prescription drugs and cash. The other defendant restrained the store clerk with plastic zip ties around her hands and ankles, and ordered her to lie face down on the bathroom floor. After the defendants took a total of $7,287.52 in drugs and cash, they used duct tape to restrain the pharmacist’s wrists and ankles and placed her face down on the floor next to the clerk. The defendants left, taking the pharmacist’s car. They drove back to the car they had parked in front of the residence. The resident, who was standing at a window inside his home, saw Alascio. Alascio spoke to the resident. The defendants loaded the drugs and cash into the parked car and sped off.
A police officer arrived at the residence and saw the defendants drive away at a high rate of speed. The officer pursued them. The defendants led police on an eight mile chase that sometimes exceeded 100 miles per hour, until Sering crashed the car into another vehicle at the intersection of Route 70 and Route 32 in Howard County. The defendants were arrested, and the stolen drugs and cash were seized. The resident who had called the police was driven to the scene and identified Alascio as the person who had parked in front of his house and who spoke to him.
The defendants were initially detained in the Howard County Detention Center. They were overheard during phone calls admitting to the robbery.
United States Attorney Rod J. Rosenstein commended the FBI, Howard County Police Department and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney A. David Copperthite, who prosecuted the case.
Timonium Man Sentenced to 5 Years in Prison for Distribution of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Thomas Warren Stickney, age 22, of Timonium, Maryland, today to five years in prison, followed by 25 years of supervised release, for distribution of child pornography. Judge Motz ordered that upon his release from prison, Stickney must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to Stickney’s plea agreement, on December 13, 2012, Stickney sent an image and video, each depicting minors engaged in sexually explicit conduct, to an individual with whom he was communicating on-line. The individual reported the incident to Baltimore County Police detectives, who assumed the online identity of the individual. In an undercover capacity, a Baltimore County Police detective communicated with Stickney and requested another video, which Stickney supplied. Stickney then asked the detective to meet him for sexual purposes. The detective, still in an undercover capacity, informed Stickney that he would have to drop off his young nephew before he could meet with Stickney. Stickney suggested that the detective bring his nephew along so that they could engage in sexually explicit conduct with the nephew. Stickney was arrested when he arrived at a local motel for the meeting. A search recovered two condoms from Stickney’s front pants pocket, as well as a cellular phone from the front console of the car, and a laptop computer and external hard drive from a back pack on the front passenger seat.
A search warrant was obtained for Stickney’s car and residence. A subsequent forensic examination of the laptop, external hard drive and other digital media seized from Stickney’s home showed that there were approximately 14,350 images and 203 video files of minors, including prepubescent minors, engaged in sexually explicit conduct. These included depictions of sadistic and masochistic conduct or other depictions of violence.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore, FBI, Baltimore County Police Department, Crimes Against Children Unit, and the Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
Three Ordered to Prison in Multi-Million Dollar Mortgage Fraud SchemeRead the Press Release
HOUSTON – Former Houston resident Walter Ryan Macapaz has been ordered to prison along with Houston businessman Tony David Maldonado and attorney and former mortgage loan officer Buffy Marie Lawrence for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans, announced United States Attorney Kenneth Magidson along with FBI Special Agent in Charge Stephen L. Morris and Internal Revenue Service - Criminal Investigation (IRS-CI) Special Agent in Charge Lucy Cruz.
Today, U.S. District Judge Gray Miller, who accepted the guilty pleas, handed Macapaz, 36, a sentence of 108 months in federal prison, while Maldonado, 33, and Lawrence, 42, will serve respective sentences of 24 and 12 months. All three defendants will be required to serve a term of three years of supervised release following completion of their prison terms. In handing down the sentences, Judge Miller noted the seriousness of the offenses.
A fourth defendant, attorney and former title company escrow officer Lisa Carol Ross, 52, of Missouri City, also pleaded guilty in the case and was sentenced to 13 months in prison on May 17, 2013.All were indicted in 2011 for a scheme to defraud residential mortgage lenders. The conspirators used fraudulent documents to help borrowers qualify for mortgage loans to purchase condominium units in the Commerce Towers building located on Main Street in downtown Houston as well as residential homes in the Houston area. The documents had false and misleading information about the borrowers’ income, assets, liabilities, employment status, bank deposits, rental payments, intent to use properties as a primary residence and source of funds used to close the real estate transactions.
Macapaz and Lawrence have admitted they knowingly arranged for borrowers to submit the false documents to mortgage lenders in order to obtain loans, while Maldonado has admitted he knowingly created some of the false documentation.
Previously released on bond, Macapaz was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Maldonado and Lawrence were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the FBI, IRS-CI, Federal Deposit Insurance Corporation – Office of Inspector General and Houston Police Department. Assistant United States Attorney John Lewis is prosecuting the case.
Statement by Attorney General Eric Holder <br /> on Federal Recognition of Same-Sex Marriages in MichiganRead the Press Release
Attorney General Eric Holder issued the following statement today on the status of same-sex marriages performed in the state of Michigan:
“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government. These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages. The Governor of Michigan has made clear that the marriages that took place on Saturday were lawful and valid when entered into, although Michigan will not extend state rights and benefits tied to these marriages pending further legal proceedings. For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled.
“Last June’s decision by the Supreme Court in United States v. Windsor was a victory for equal protection under the law and a historic step toward equality for all American families. The Department of Justice continues to work with its federal partners to implement this decision across the government. And we will remain steadfast in our commitment to realizing our country’s founding ideals of equality, opportunity, and justice for all.”
South Bend, Indiana — The United States Attorney’s Office Announced the Following Activity in Federal Court:Read the Press Release
PLEAS (before Magistrate Judge Christopher A. Nuechterlein):
David Diederich, 58, of La Porte, Indiana pled guilty to the felony offense of being a felon in possession of a firearm. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has been set for 6/26/2014.This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
Brittany Coburn, 23, of La Porte, Indiana pled guilty to the felony offense of obstructing the mail. The magistrate is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Office of the Inspector General.Sentencing has been set for 6/11/2014.This case is being prosecuted by Assistant United States Attorney Jesse Barrett.
DISPOSITIONS( before District Judge Robert L. Miller, Jr..)
Evan Vanator, 23, of South Bend, Indiana was sentenced to 18 months imprisonment with 1 year supervised release after pleading guilty to the felony offense of possession of a firearm while being an illegal user of controlled substances.According to documents filed in this case, Vanator possessed a Keltec semi-automatic handgun in his residence in St. Joseph County, Indiana. Vanator was also an illegal user of marijuana during his possession of this firearm. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Robert Lyons, 32, of Michigan City, Indiana was sentenced to 60 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of manufacturing marijuana.According to documents filed in this case, in May 2013, law enforcement officers discovered marijuana growth system in Lyons’ residence. This case was the result of an investigation by the Drug Enforcement Agency.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Smith County Convicted Sex Offender Indicted for Interstate Transportation of Minors for ProstitutionRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas — A 31-year-old convicted sex offender from Tyler, Texas has been indicted on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Anthony Nelson, also known as Flip, was indicted by a federal grand jury on Mar. 26, 2014 and charged with transportation of minors, transportation, and penalties for registered sex offenders.
According to the indictment, in November and December 2013, Nelson, a previously convicted sex offender, transported individuals, including two minors, across state lines with the intent that they engage in prostitution.
If convicted of all counts, Nelson will receive life in federal prison.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
This case is being investigated by the U.S. Department of Homeland Security - Homeland Security Investigations (DHS-HSI), the Louisiana State Police, the Bossier Parish Sheriff's Office, the Shreveport Police Department, the Longview Police Department, the Gregg County Sheriff’s Office, the Smith County Sheriff's Office, the Tyler Police Department, the ATF, the DEA, and the Smith County District Attorney's Office. Assistant U.S. Attorney Nathaniel C. Kummerfeld is prosecuting the case.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
####Sixth Defendant Pleads Guilty in Plot to Rob Florida PNC Banks at GunpointRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, John A. Bolduc, Chief, Port St. Lucie Police Department, Ken J. Mascara, St. Lucie County Sheriff’s Office, Sean Baldwin Chief, Ft. Pierce Police Department, J. Michelle Morris, Chief, Sebastian Police Department, Deryl Loar, Sheriff, Indian River Sheriff’s Office, announce that Joe JR Desilien, 24, of West Palm Beach, pled guilty yesterday to conspiracy to interfere with commerce by robbery, in violation of Title 18, United States Code, Section 1951(a); interfering with commerce by robbery, in violation of Title 18, United States Code, Sections 1951(a) and 2; and, using and carrying a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(ii)and 2. Sentencing has been set for July 14, 2014 before U.S. District Judge Jose E. Martinez, in Ft. Pierce.
At sentencing, Desilien faces up to 20 years in prison, followed by a term of supervised release of up to five years and a fine of up to $250,000 for the conspiracy to interfere with commerce by robbery charge, and for the interfering with commerce by robbery charge; and, a mandatory minimum of seven years, consecutive to any sentence imposed, and may impose a statutory maximum term of life imprisonment, followed by a term of supervised release of up to five years and a fine of up to $250,000 for the charge of using and carrying a firearm in furtherance of a crime of violence.
According to court documents, between June 8, 2013 and July 8, 2013, employees of five PNC bank branches, located in the counties of Indian River, Volusia, Hillsborough, and St. Lucie Counties, were robbed at gunpoint by three black males, whose faces were covered, wearing gloves. In all of the robberies, one male would brandish a handgun, and two males would jump the tellers’ counters demanding money.
On June 20, 2013, at approximately 9:50 a.m., three black males entered the PNC Bank, at 1090 Dunlawton Avenue, Port Orange, Volusia County, Florida with faces covered and wearing gloves. One male brandished a firearm at bank employees, two jumped the teller counters, and demanded and took United States currency. The three males were picked up by a fourth, driving a stolen Blue Jeep, which was found abandoned nearby. Anthony Isaac Johnson, Paul Edward Moore, and Alan Demetrius Bradford remained in cellular phone contact with one another before and after the robbery.
On July 1, 2013, at approximately 9:50 a.m., three black males entered the PNC Bank, at 12951 Dale Mabry Highway, Tampa, Hillsborough County, Florida, with faces covered, wearing gloves. One male brandished a firearm at the bank employees and two males jumped the teller counters, with another remaining in the lobby area. They demanded and took United States currency. The three males fled the bank in a stolen Dodge Intrepid. While in the area of the PNC bank and the site the vehicle was stolen, Raven Simone Sayers and Bradford remained in cellular phone contact with each other. The stolen vehicle was abandoned in a housing development near the PNC bank. On this date, Sayers was in possession of a leased vehicle.
According to court documents, during the night of July 7, 2013, into the early morning hours of July 8, 2013, Sayers, Ivory Lee Robinson, Tomaleesha Jeffie Laqua McKeliver, Moore, Desilien, Herbert Lenorris Smith, Jr., Johnson, and Bradford, planned and agreed to rob two St. Lucie County PNC banks at gun point. In order to carry out the two robberies, the group separated into two teams. The plan was for each team to have a female as a getaway driver and three males. Sayers and McKeliver agreed to be the robbery getaway drivers. Each team would steal a van, rob each of the banks at gunpoint, with their faces covered, leave the bank in the van, and transfer into the getaway vehicles, in order to flee the area. Sayers and McKeliver drove rental cars. The two teams travelled from Palm Beach County to St. Lucie County in the two rented cars. While en route, the two teams remained in cellular phone contact with one another. Once in St. Lucie County, the teams scouted PNC Banks and escape routes and stole two vans in Ft. Pierce for use in the two bank robberies.
Later on July 8, 2013, between 9:00 and 9:30 a.m., St Lucie County PNC Banks located at 5493 NW St. James Drive, Port St. Lucie, and 4156 Okeechobee Road, Fort Pierce, were robbed at gunpoint, almost simultaneously. After the Ft. Pierce and Port St. Lucie PNC bank robberies, McKeliver, Johnson, Robinson and Bradford were arrested after a police pursuit, and Moore was arrested near the bank. Law enforcement eventually identified, located, arrested and charged Sayers, Smith, and Desilien, who escaped back to Palm Beach County.
Previously sentenced in this case were Robinson, 22, and McKeliver, 22, both of West Palm Beach, by U.S. District Judge Donald L. Graham. Robinson, a career offender, was sentenced to 262 months in prison, followed by five years of supervised release on February 27, 2014; McKeliver was sentenced to 102 months in prison, followed by three years of supervised release on December 16, 2013. Sayers, 23, of Hallandale, was sentenced by U.S. District Judge Jose E. Martinez to 162 months in prison, followed by three years of supervised release on March 11, 2014.
Smith pled guilty on January 29, 2014 to two counts of interference with commerce by robbery (Hobbs Act), in violation of Title 18, United States Code, Section 1951(a) and 2, and one count of using and carrying a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii)and 2. Sentencing for Smith has been set for May 21, 2014 before U.S. District Judge Jose E. Martinez in Ft. Pierce.
Bradford pled guilty on February 4, 2014 to conspiracy to interfere with commerce by robbery, in violation of Title 18, United States Code, Section 1951(a); two counts of interfering with commerce by robbery, in violation of Title 18, United States Code, Sections 1951(a) and 2; two counts of using and carrying a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(ii)and 2; and, felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 2. Sentencing for Bradford has been set for May 22, 2014 before U.S. District Judge Jose E. Martinez in Ft. Pierce.
A jury trial for the remaining defendants, Moore and Johnson, is set for May 19, 2014 before U.S. District Judge Jose E. Martinez in Ft. Pierce.
Mr. Ferrer commended the investigative efforts of the FBI, Port St. Lucie Police Department, Ft. Pierce Police Department, Sebastian Police Department, St. Lucie County Sheriff’s Office, Indian River Sheriff’s Office, Palm Beach County Sheriff’s Office, Port Orange Police Department, and Hillsborough County Sheriff’s Office for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger
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.
Shreveport Businesses to Be Closed in Connection with Money Laundering Operation on PremisesRead the Press Release
SHREVEPORT, La. –United States Attorney Stephanie A. Finley announced today that Mike’s Auto Sales Inc. and A-1 Auto Finance Company were sentenced by U.S. District Judge Elizabeth E. Foote. Mike’s Auto Sales was ordered to pay a $500,000 fine, and A-1 Auto Finance was ordered to pay a $350,000 fine. The businesses were also ordered to forfeit $1.3 million in illegal proceeds and the business real estate, buildings, and vehicle inventory belonging to the companies. In addition to the sentenced imposed, the businesses were given five years of probation.
The two businesses, represented by company president Michael Paul Boyter, 51, of Shreveport, each entered guilty pleas on August, 26, 2013, to one count of conspiracy to launder monetary instruments.
According to evidence presented at the guilty pleas, the owners and operators of Mike’s Auto Sales and A-1 Auto Finance engaged in a conspiracy to commit money laundering beginning in 1996 through November 2010. The scheme concerned the sale and financing of used and new vehicles to individuals who derived, or represented that they derived, significant income from the distribution of illegal drugs. The operators of the businesses knowingly accepted cash proceeds from drug dealers, allowed vehicle purchases in the names of nominees, and falsified records of payments received. They provided false information to multiple local and federal law enforcement agencies, including the Shreveport Police Department and the Harrison County Sheriff’s Office, to facilitate the release of vehicles seized from drug dealers.
In 2009 and 2010, the FBI conducted multiple “sting” operations directing cooperating individuals to purchase vehicles in the names of nominees and using large cash payments toward the purchase of those vehicles. These operations proved that the defendants readily accepted large amounts of money thought to be drug proceeds and skimmed cash from down payments by manipulating records to show lower sales prices and reduced amounts of down payments. In connection with these activities, Boyter pleaded guilty to one count of wire fraud and one count of tax evasion.
Boyter was sentenced on February 18, 2014, to 60 months in prison for wire fraud and tax charges. He was also ordered to pay $290,381 in restitution and a $200,000 fine. Company secretary and treasurer, Anthony Reuben Riley, 49, of Shreveport, was also sentenced on February 18, 2014, to 15 months in prison for the failure to file Form 8300 and was ordered to pay a $100,000 fine. IRS Form 8300 is required when cash payments of more than $10,000 are received in a trade or business and is used by the government to track individuals that evade taxes and those who profit from criminal activities.
“Those who do business with drug dealers will be brought to justice,” Finley stated. “The owners and operators of these businesses sought to not only profit from the criminal element in our communities, but to lie on their tax forms and other documents to make even more illegal profits. This judgment serves as a warning to those who would use their property to stage illegal business transactions - you will be caught, and you can lose everything.” Finley also stated, “I want to thank this extremely dedicated prosecution and investigative team for their hard work on this case.”
This case is part of an investigation called Operation NOMAS conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint multi-agency group consisting of federal, state, and local law enforcement agencies with a cooperative approach to combat drug trafficking.
Operation NOMAS was a jointly conducted investigation by the Federal Bureau of Investigation’s Northwest Louisiana Violent Crimes Task Force, Internal Revenue Service-Criminal Investigations, Drug Enforcement Administration, U.S. Marshals Service, Immigration & Customs Enforcement, Shreveport Police Department, Caddo Parish Sheriff’s Office, Bossier City Police Department, Louisiana State Police, the Louisiana National Guard Counter-Drug Task Force, and the DeSoto Parish Sheriff’s Office. The Harrison County Sheriff’s Office in Marshall, Texas, also assisted. Assistant U.S. Attorneys Allison D. Bushnell and Cytheria D. Jernigan, and Supervisory Assistant U.S. Attorney Richard A. Willis prosecuted the case.
United States Attorney Finley is available for comment by phone, (337) 262-6888.
Scranton Man Sentenced to 12 1/2 Years in Prison for Receiving, Distributing, and Possessing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that today in federal court in Scranton, a man was sentenced for the receipt, distribution, and possession of thousands of images and videos of child pornography.
Senior United States District Court Judge Edwin M. Kosik sentenced Daniel Albert Mall, age 35, of Scranton, to 151-months of imprisonment followed by a 10-year term of supervised release. Mall also faces a lifetime sexual offender registration requirement pursuant to the Adam Walsh Act.
According to U.S. Attorney Peter Smith, the case against Mall stems from an investigation by the Federal Bureau of Investigations and the Lackawanna County District Attorney’s Office – Internet Crimes Against Children Task Force.
Mall was indicted by a grand jury in July 2012 with committing the offenses between 2001 and 2012. He was arrested May 2012. Prosecution was handled by Assistant United States Attorney Michelle Olshefski.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Schenectady Man Arraigned on Fraud Scheme Involving False Advertisements of Motor VehiclesRead the Press Release
ALBANY, NEW YORK – On Thursday, March 27, 2014, FREDERICK HOLLINGSHED, a/k/a FRANKLIN HOLLINGSHED, 47, of Schenectady, NY, was arraigned on a ten-count indictment charging him with wire fraud, misuse of a social security number, and possession with intent to use or transfer false identification documents by United States Magistrate Judge Christian F. Hummel, announced United States Attorney Richard S. Hartunian and United States Secret Service Resident Agent in Charge William Leege. Judge Hummel ordered that HOLLINGSHED be detained pending trial in this matter. He faces a maximum term of imprisonment of 20 years on each of the eight wire fraud counts and up to five years on each of the other counts. He also faces a fine of up to $250,000 on each count.
According to the indictment: HOLLINGSHED obtained $66,001.80 from people who believed that they were buying motor vehicles advertised on websites and through electronic mail. In reality, no vehicles were ever actually for sale. In addition, HOLLINGSHED misrepresented his social security number on a bank account application and possessed seven fraudulent social security cards.
The prosecution resulted from an investigation by the United States Secret Service. The case is being prosecuted by Assistant United States Attorney Sean O’Dowd.
The indictment merely sets forth an accusation, and the defendant is presumed innocent unless and until the charges are proved beyond a reasonable doubt.
Queens Man Sentenced for Bribery of A Public OfficialRead the Press Release
ALBANY, NEW YORK – YANG CHIA TIEN, a/k/a ANDREW TIEN, 62, of Queens, NY, was sentenced on March 25, 2014 to 69 months in federal prison on three counts of bribery of a public official by Chief United States District Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian, Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola, and New York State Police Special Investigations Unit Major Thomas G. Marmion.
On November 14, 2013, a federal jury in Albany convicted TIEN of making three payments totaling $51,000 to a person he believed to be an immigration official to try to obtain green cards for illegal aliens from Malaysia and China. In reality, the recipient of the payments was an undercover law enforcement officer with Homeland Security Investigations.
The prosecution resulted from a joint undercover investigation by ICE-Homeland Security Investigations and the New York State Police. The case was prosecuted by Assistant United States Attorney Sean O’Dowd.
Orlando Felon Sentenced to More Than 16 Years in Prison for Possessing A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon, II sentenced Brian K. Hatten (34, Orlando) today to 16 years and 4 months in federal prison for being a felon in possession of a firearm. A federal jury found Hatten guilty on January 7, 2014.
According to testimony and evidence presented at trial, officers from the Orlando Police Department arrested Hatten after he ran from them upon seeing a patrol car at an intersection west of downtown Orlando. During his flight from officers, Hatten became entangled on a fence. During a subsequent search, officers found packages of marijuana in Hatten’s pockets. A semi-automatic pistol loaded with four rounds of ammunition, a cell phone, and a receipt belonging to Hatten were located on the pavement near where he became entangled on the fence. Further investigation revealed that Hatten had at least seven previous felony convictions, including various drug offenses, robbery, battery on a law enforcement officer, aggravated assault with a firearm and fleeing or attempting to elude a law enforcement officer. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol Tobacco and Firearms and the Orlando Police Department. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program—a nationwide gun violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state and local law enforcement officials.
The case is also part of ATF’s Frontline Strategy to reduce violent crime and improve the quality of life in communities where law enforcement efforts are focused.
Operator of ‘Mobile ID Theft Lab’ Sentenced to Prison for Bank Fraud and Aggravated Identity TheftRead the Press Release
The man who forged multiple ID documents and financial documents for mail thieves in Snohomish County was sentenced today in U.S. District Court in Seattle to 65 months in prison, five years of supervised release and $59,177 in restitution, announced U.S. Attorney Jenny A. Durkan. MICHAEL JOHN SURYAN, 54, formerly of Everett, Washington was arrested in January 2013, in a Shoreline, Washington motel where he had set up a mobile identity manufacturing operation. Using documents his co-schemers stole from burglaries, mail thefts and car prowls, SURYAN manufactured fake IDs, and forged checks with the co-schemers listed as the payees. A search of the room revealed more than 50 fake Washington State driver’s licenses, handwritten notes listing the names, addresses and personal information (including dates of birth, social security numbers, driver’s license numbers, and credit card or checking account information) for numerous victims. In all the evidence revealed the identities of more than 200 people had been stolen. At sentencing U.S. District Judge Richard A. Jones noted SURYAN was addicted to methamphetamine but his greed and his crime “had a grave impact on the citizens of the community.”
According to records filed in the case, SURYAN and several co-schemers used stolen identity information to commit various types of bank fraud. SURYAN would make false checks payable to the co-schemers in their real names, and would also make checks payable to those whose identities had been stolen, providing his co-schemers with fake drivers’ licenses that matched the names on the checks. The stolen checks recovered in the hotel room exceeded $50,000 in value. SURYAN also opened lines of credit in victims’ names at various department stores and made more than $30,000 in purchases. The total monetary loss from the scheme was nearly $113,000.
In asking for a lengthy prison sentence, prosecutors noted that SURYAN’s operation not only enriched him, but also helped thieves and burglars profit from the information they stole. SURYAN “served as a lynchpin of identity theft activity in Snohomish County in the latter half of 2012; the forgery service provided by the defendant helped incentivize countless break-ins of mailboxes, homes, and vehicles by criminals searching for victim data. Moreover, the defendant did not provide his services as a forger for free; the defendant’s business model depended entirely on thieves’ continued victimization of the community,” prosecutors wrote in their sentencing memo.
The case was investigated by the Everett Police Department and the U.S. Secret Service. The case was prosecuted by Assistant United States Attorney Ehren Reynolds.
Omaha Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced today that Laron Hawkins, age 26, of Omaha, Nebraska, was sentenced for being a felon in possession of a firearm. The Honorable Joseph F. Bataillon sentenced Hawkins to 6 years, 3 months in prison. After his release from prison Hawkins will begin a 3 year term of supervised release.
On September 13, 2013, Omaha police officers stopped a car Hawkins was driving after they saw him commit a traffic violation. As they made contact with Hawkins, they saw he had a small quantity of marijuana in his lap. A search of the vehicle was done and a stolen .45 caliber handgun was found under his seat. Hawkins had previously been convicted of a felony offense and, as such, is prohibited by law from possessing firearms.
This case was investigated by the Omaha Police Department.
North Hills Man Sentenced for Defrauding First Niagara Bank and Evading TaxesRead the Press Release
PITTSBURGH – An Allegheny County man was sentenced today in federal court to three days imprisonment, five years supervised release with six months home detention, and restitution of $226,846 on his convictions of bank fraud and tax evasion, United States Attorney David J. Hickton announced today.
United States District Judge Terrence F. McVerry imposed sentence upon Kevin R. Gallagher.
According to information presented to the court, from November 2010, and continuing until January 2012, Gallagher knowingly executed a scheme to defraud First Niagara Bank. In connection with the scheme to defraud, Gallagher fraudulently obtained corporate checks of his employer, A&S Steel Buildings Corporation, made payable to subcontractors and forged the signatures of the subcontractor payees. It was a part of the scheme that Gallagher deposited the forged checks, which totaled $179,695, into his personal bank account at First Niagara Bank. Gallagher also willfully evaded income tax owed by him for tax year 2011. The total amount of tax loss to the federal government as a result of Gallagher's tax evasion is $53,151.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the United States Internal Revenue Service, Criminal Investigation, for the investigation that led to the successful prosecution of Gallagher.
Mt. Vernon Man Pleads Guilty to Unlawfully Purchasing FirearmsRead the Press Release
Follow @SDILNewsRoman Victor Dymashok, 45, of Mt. Vernon, Illinois, and a citizen of Ukraine, pled guilty on Thursday in United States District Court in Benton to an information charging him with three counts of making false statements in relation to the purchase of three different firearms, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. Specifically, the information alleged that Dymashok provided false information regarding his use of marijuana on three federal background check forms he completed between January 2010 and July 2011. The firearms he purchased included two .223 caliber semi-automatic rifles and a .40 caliber semi-automatic pistol.
Sentencing was set for July 10, 2014, at 10:30 a.m. at the United States District Courthouse in Benton. At that time, Dymashok faces up to 5 years in prison, a $250,000 fine, and 3 years of supervised release to follow his incarceration on each of the three counts. Dymashok will also be required to forfeit the three firearms, as well as others he possessed, to the United States.
Dymashok has been held in custody since his arrest on these charges in May 2013. He was again remanded to the custody of the United States Marshal to await sentencing.
The case was investigated by Homeland Security Investigations, an agency of the Department of Homeland Security, with the assistance of the Federal Bureau of Investigation, the Illinois State Police, and the Jefferson County Sheriff’s Department.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Member of "Black P-Stones" Gang Pleads Guilty to Racketeering and Firearm ChargesRead the Press Release
NORFOLK, Va. – Enrique Omar Hinton, a.k.a. “Rico,” 26, of Newport News, pleaded guilty today to racketeering conspiracy, as well as possessing and discharging a firearm in furtherance of a crime of violence.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia; David A. O’Neil, Acting Assistant Attorney General for the Justice Department’s Criminal Division; and Royce E. Curtin, Special Agent in Charge of the Federal Bureau of Investigation’s Norfolk Field Office, made the announcement after the plea was accepted by United States Magistrate Judge Tommy E. Miller.
Hinton was charged in a superseding indictment returned on December 9, 2013, with racketeering conspiracy, conspiracy to commit murder in aid of racketeering, attempted murder in aid of racketeering, possessing and discharging a firearm in furtherance of a crime of violence, and conspiracy to distribute and possess with intent to distribute marijuana. Hinton faces a maximum penalty of 20 years in prison on the racketeering conspiracy charge and a mandatory consecutive sentence of ten years to life in prison on the firearm charge when he is sentenced on June 26, 2014, in Norfolk.
In a statement of facts filed with his plea agreement, Hinton admitted that he was a member of a violent street gang called the Black P-Stones, also referred to as the P-Stone Bloods and Cobra Stones, which operated as a criminal enterprise located primarily in the Beechmont, Courthouse Green, and Woodview neighborhoods in the Denbigh area of Newport News. The Black P-Stones engaged in various criminal activities including murders, robberies, illegal drug trafficking, and obstruction of justice. Hinton joined the gang in approximately 2005 and held the rank of “Foot Soldier.” As a Foot Soldier, Hinton sold marijuana for the gang, possessed firearms, attended gang meetings, and planned and participated in the gang’s criminal activities. On December 10, 2008, Hinton and co-conspirators participated in a shooting in Williamsburg to retaliate against a rival gang member who exhibited disrespect toward a co-conspirator’s girlfriend. During the shooting, approximately seven to eight bullets were fired at the rival gang member’s home, with bullets entering the home’s living room and front door while two people were inside. Hinton further admitted that on July 13, 2009, he testified falsely before a federal grand jury for the purpose of obstructing the grand jury’s investigation of the Black P-Stones and the December 10, 2008, shooting in which he and co-conspirators participated.
The investigation of this case was led by the FBI’s Safe Streets Peninsula Task Force, with the assistance of the Newport News Police Department and the James City County Police Department. Assistant United States Attorney Eric M. Hurt and Trial Attorney Louis A. Crisostomo of the Organized Crime and Gang Section in the Justice Department’s Criminal Division are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Massachusetts Fugitive Pleads Guilty to Federal Firearms and Identity Theft ChargesRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257
Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Gary
Irving, a/k/a “Gregory Irving” and “Gregg Irving,” 53, of Gorham, Maine, pleaded guilty yesterday in U.S. District Court to being a fugitive in possession of firearms and aggravated identity theft.Court records reveal that Irving was arrested on March 27, 2013 on an outstanding fugitive warrant from Massachusetts for a 1979 conviction for violent rape and other crimes. Irving had been living under a false identity in Maine since 1981, had been fraudulently using his brother’s name and social security number, and used an incorrect date of birth to renew his driver’s license. At the time of Irving’s apprehension, he had nine firearms in his home.
He faces up to 10 years in prison and a $250,000 fine on the firearms charge and a consecutive 2 years in prison and a $250,000 fine on the identity theft charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Massachusetts and Maine State Police, the
Gorham Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Social Security Administration - Office of Inspector
General.Maryland Man Sentenced to 17-Year Prison Term for 2010 Murder in Southeast Washington-Slaying Took Place in Attempted Robbery-Read the Press Release
WASHINGTON – Rafael Douglas, 20, of Capitol Heights, Md., was sentenced today to a 17-year prison term for his role in a murder that took place in broad daylight during an attempted robbery in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Douglas pled guilty in August 2013, in the Superior Court of the District of Columbia, to second-degree murder while armed. He was sentenced by the Honorable Robert E. Morin. Upon completion of his prison term, Douglas will be placed on five years of supervised release.
According to the government’s evidence, Douglas and two other men made plans to rob workers who were making repairs to a building in the 4600 block of Hillside Road SE. On the afternoon of May 28, 2010, one of the men, Javon Hale, dropped Douglas and the second accomplice off on Hillside Road. Douglas and the second accomplice then approached the workers for the purpose of robbing them, including the victim, Manuel De Jesus Sanchez, 29.
After they approached Mr. Sanchez, a physical confrontation ensued, and Douglas’s accomplice pulled out a gun and fatally shot the victim in the chest. Hale, 19, of Capitol Heights, Md., has been sentenced to 15 years in prison on a charge of conspiracy to commit a crime of violence while armed, and other unrelated offenses. The alleged gunman was later killed in an unrelated shooting.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives, officers and crime scene technicians who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle Bradford and Jeffrey Pearlman; former Assistant U.S. Attorney Sharad Khandelwal; Victim/Witness Advocate Melissa Milam; Paralegal Specialist Kendra Johnson; and Litigation Technology Specialist Josh Ellen. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Reagan M. Taylor, who prosecuted the case.
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