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27 March 2014
Federal Grand Jury Charges Search Engine Optimizers with Extorting Money from A Local Merger and Acquisitions FirmRead the Press Release
Defendants Threatened to Inflict Economic Harm
DALLAS, Texas — A federal grand jury in Dallas returned an indictment late yesterday charging a man and his sister, who did business as a search engine optimization company, with felony offenses stemming from their attempts to extort money from a business in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
William Laurence Stanley, 51, and his sister, Lynn Stanley Faust, 54, are each charged with one count of transmitting threats in interstate and foreign commerce and one count of Hobbs Act – Extortion. A U.S. citizen, William Stanley most recently resided in Romania with his wife, a Romanian national. He traveled several times in 2013 between Europe and the United States. On March 3, 2014, he was arrested on a related federal criminal complaint at George Bush Intercontinental Airport in Houston, where he arrived on a flight from Europe. Faust is also a U.S. citizen who also traveled internationally in 2013. Stanley appeared before a U.S. Magistrate Judge in the Southern District of Texas and was ordered detained. A date has not yet been set for him to appear in federal court in Dallas.
William Stanley is also known as “William Laurence,” “Bill Stanley,” “William Davis,” “William Harris” and “William L. Stanley.” Lynn Faust is also known as “Lynn Michaels.” Stanley and Faust operated a search engine optimization (SEO) company and used emails reflecting various business names to include “reputation rewards” and “posting showcase.”
According to the complaint filed in the case, in November 2009, Generational Equity (GE), a Dallas-based merger and acquisitions firm, entered into a contract with Stanley for SEO services and reputation management. Stanley was hired because of his ability to improve a firm’s online reputation through search results. However, GE sought to terminate its relationship with Stanley after it determined he had acted outside of his contracted duties. GE also observed websites allegedly created by Stanley that had the ability to damage GE’s reputation by associating GE with a scam. From November 2010 through January 2011, GE paid Stanley a total of $80,000 to terminate the relationship.
According to the indictment, from December 13, 2013, until the end of February 2014, Stanley and Faust transmitted threatening communications, via email and telephone, from foreign countries to GE in the Northern District of Texas. Those communications threatened to post comments on the Internet wrongfully disparaging GE’s reputation, if GE did not send money to Stanley.
Because of Stanley’s threats to harm GE’s reputation through negative Internet posts that would adversely affect GE’s ability to conduct business if it failed to send money, GE responded to the wrongful inducement by sending four payments totaling $29,556 by MoneyGram to Stanley in Brasov, Romania.
An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence until or unless proven guilty. A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. However, upon conviction, the maximum statutory penalty for transmitting threats in interstate and foreign commerce is two years in federal prison and a $250,000 fine. The maximum statutory penalty for Hobbs Act – extortion is 20 years in federal prison and a $250,000 fine.
The FBI is investigating and can be contacted at 972-559-5000. Assistant U.S. Attorney C.S. Heath is in charge of the prosecution.
Evansville Man Sentenced on Federal Firearm ChargesRead the Press Release
More results of U.S. Attorney’s Violent Crime Initiative
EVANSVILLE – Joseph H. Hogsett, the United States Attorney, announced today Basil Kamali, 27, of Evansville, Indiana, was sentenced to 48 months by U.S. District Chief Judge Richard L. Young following his guilty plea to knowingly receiving a firearm with the intent to commit a robbery.
“Holding violent criminals who illegally possess firearms accountable is one of the top priorities of my office,” said Hogsett. “The revolving door of justice for Mr. Kamali stops today with this sentencing.”
Kamali admitted at his change of plea hearing held in January of this year, that on January 4, 2013, Kamali was preparing to commit a robbery and needed a firearm. He arranged the meeting with an individual to make a purchase at a Walmart on South Red Bank Road.
On the evening of January 4, 2013, ATF agents and detectives from the Evansville Vanderburgh County Drug Task Force (JTF) set up surveillance and observed Kamali. An undercover agent and detective made contact with Kamali and showed him a firearm and ammunition. Kamali informed the undercover agent he could do “something tonight” and get the agent the money for the gun. Kamali indicated he was going to rob some Adope boys.” Kamali then left with the firearm and ammunition and was apprehended immediately thereafter. Kamali is a convicted felon and was on state parole for burglary and attempted armed robbery.
This matter was invested by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Evansville Police Department and is part of Hogsett’s Violent Crime Initiative. Launched in March 2011, the VCI has produced a dramatic increase in the number of gun-related charges brought federally. In the year preceding the initiative, there were just 14 defendants charged with federal gun crimes by the U.S. Attorney’s Office. In the nearly three years since, more than 225 defendants have been charged.
According to Assistant U.S. Attorney Lauren Wheatley, who prosecuted the case for the government, Judge Young also ordered Kamali to service a period of 3 years on supervised release upon his release from imprisonment.
East Windsor Gun Store Owner Who Violated Federal Laws Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Daniel J. Kumor, Special Agent in Charge of the ATF Boston Field Division, announced that DAVID LAGUERCIA, 57, of Broad Brook, was sentenced today by U.S. Magistrate Judge Holly B. Fitzsimmons in Bridgeport to three years of probation for violating federal firearms laws. LAGUERCIA, the owner of Riverview Gun Sales in East Windsor, was also ordered to pay a personal fine of $1500, an additional fine of $5000 on behalf of his business, and to perform 100 hours of community service.
According to court documents and statements made in court, LAGUERCIA, doing business as RIVERVIEW SALES, INC. (“Riverview”), was a federal firearms licensed dealer in Connecticut (“FFL”) from 2005 to December 2012. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted an investigation of LAGUERCIA and Riverview and discovered approximately 300 examples of false or missing information in Riverview’s acquisition and disposition (“A&D”) records. The investigation also revealed at least two instances in which individuals received firearms prior to receiving approval from the national instant criminal background check system (“NICS”). Riverview also failed to report the theft of a firearm within 48 hours, and failed to report multiple sales of handguns to the same individuals.
“This investigation revealed that one of Connecticut’s largest gun dealers conducted their business in a lax and irresponsible way,” stated U.S. Attorney Daly. “Riverview had hundreds of record-keeping violations, improper sales, lax security, and poor inventory management. Federally-licensed firearms dealers have a critically important responsibility in helping to ensure that legal firearms don’t become illegal firearms on the street, and dealers who chronically fail to follow the rules will be prosecuted.”
“Today’s sentence is a reminder having a Federal Firearms License is not license to break the law,” stated ATF Special Agent in Charge Kumor. “FFL’s must comply with federal regulations to ensure the safety of the general public. When an FFL fails to do so and puts communities in danger, the consequence is federal prosecution.”
On December 20, 2012, ATF issued a revocation of Riverview’s FFL, effective on that date. LAGUERCIA has not appealed this administrative decision.
On August 22, 2013, LAGUERCIA pleaded guilty to one count of transfer of a firearm before completion of background check, and one count of failure to maintain proper firearm records. LAGUERCIA also pleaded guilty on behalf of RIVERVIEW SALES, INC. to one count of making false entries in dealer’s records.
In addition to a fine of $5000, RIVERVIEW SALES, INC. was sentenced to a five-year term of probation.
While on probation, LAGUERCIA is prohibited from being an FFL or a responsible party for an FFL for a period of five years.On September 30, 2013, Krystopher DiBella, a former employee of Riverview received a federal sentence of three years of probation for assisting in the transfer of firearms to individuals who failed to complete a required ATF form when purchasing firearms at the store.
In 2011, Jordan Marsh of South Windsor stole approximately 12 firearms of Riverview and, in December 2012, he stole a Windham Weaponry 5.56 mm caliber semi-automatic rifle from the store. Marsh was arrested on December 15, 2012, after he attempted to steal a Bushmaster .50 caliber rifle from Riverview. Marsh is currently serving a state sentence of eight years of incarceration, to be followed by a federal sentence of five years of probation.
This matter was prosecuted by Assistant U.S. Attorney Robert M. Spector.
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(203) 821-3722 [email protected]Doctor Arrested on Charges of Tax FraudRead the Press Release
Elias Karkalas, 50, a medical doctor who resides in Phoenixville, Pennsylvania, was arrested yesterday on tax charges, announced United States Attorney Zane David Memeger. Karkalas owned and operated Upper Merion Family Practice P.C. The indictment, unsealed today, charges corrupt or forcible interference with the administration of Internal Revenue Laws, filing false individual and corporate tax returns, and failing to file personal and corporation tax returns.
According to the indictment, Karkalas was a participant in an Internet pharmacy organization which permitted individuals, seeking to purchase prescription drugs, to acquire a prescription from a physician without an examination. Between 2005 and 2011, Karkalas allegedly authorized more than 750,000 prescriptions for which he was paid approximately $2.5 million which the defendant failed to report on his corporate and individual tax returns.
If convicted, Elias Karkalas faces a maximum possible sentence of 15 years in prison, a fine of up to $1.3 million, restitution to the IRS, a special assessment of $475, and two years of supervised release.
The case was investigated by Internal Revenue Service Criminal Investigations. It is being prosecuted by Assistant United States Attorney Floyd J. Miller and Trial Attorney Dennis R. Kihm, with the U.S. Department of Justice’s Tax Division.
Click here to view the indictment
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Disbarred Somerset Attorney Indicted on Fraud ChargesRead the Press Release
BOSTON – A disbarred Somerset attorney was indicted today on fraud charges arising out of his promotion of various fraudulent investments.
John Silvia, 55, purportedly the “Managing Member” of Richardson Consulting, LLC, was charged with securities, mail and wire fraud. He was arrested on Feb. 7, 2014.
Silvia, who was licensed to practice law in Massachusetts in 1975, has been disbarred since 2003. He was charged based on his promotion of various fraudulent investments, including investments in real estate and Advance Space Monitor, LLC (ASM), a technology company with which he was affiliated. According to the indictment, Silvia obtained money from various individuals based on false representations regarding certain real estate transactions and his purported ability to transfer interests in ASM. Specifically, Silvia issued promissory notes based on the false representation that he was investing the money in real estate transactions that would yield profits within a short amount of time, thereby allowing him to re-pay the notes. In fact, Silvia was not engaged in such transactions. Silvia also falsely represented that he was entitled to receive shares in ASM in exchange for investment money. In fact, Silvia was not entitled to receive shares of ASM, as he had represented, and was not permitted to assign any interests in ASM.
If convicted, Silvia faces the statutory maximum penalties for the securities fraud charges are 20 years in prison, five years of supervised release and a $5 million fine. The statutory maximum penalties for the mail and wire fraud charges are 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gain to the defendant or loss to the victim.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Massachusetts Securities Division, which filed an administrative complaint charging Silvia with violation of Massachusetts securities laws, referred this case to the U.S. Attorney’s Office and cooperated with the criminal investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah E. Walters of Ortiz’s Economic Crimes Unit.
The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Criminal Immigration Charges Brought Against Four Illegal AliensRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that charges were brought against the following by a federal grand jury in Harrisburg yesterday:
Ricardo Hernandez-Del Angel, age 32, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment alleging that Hernandez-Del Angel, an alien convicted on December 20, 2006, of Statutory Sexual Assault in Franklin County, Pennsylvania, and previously arrested and deported from the United States on February 6, 2007, did knowingly and unlawfully reenter the United States. He was located by ERO officers in Franklin County, Pennsylvania.
If convicted, Hernandez-Del Angel faces a maximum sentence of up to 20 years of imprisonment and a $250,000 fine.
Victor Peralta-Serrano, age 35, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment alleging that Peralta-Serrano, an alien previously arrested and deported from the United States in July 2007, did knowingly and unlawfully reenter the United States and was apprehended in York County, Pennsylvania.
If convicted, Peralta-Serrano faces a maximum sentence of up to 10 years’ imprisonment and a $250,000 fine.
Juan Calderon-Villanueva, age 29, a native and citizen of El Salvador, in the United States illegally was charged in a one-count indictment alleging that Calderon-Villanueva, an alien, previously arrested and deported from the United States in February 2011, did knowingly and unlawfully reenter the United States and was apprehended in Franklin County, Pennsylvania.
If convicted, Calderon-Villanueva faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
Miguel Salazar-Gomez, age 31, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment alleging that Salazar-Gomez, an alien previously arrested and deported from the United States in February 2006, did knowingly and unlawfully reenter the United States and was apprehended in Adams County, Pennsylvania.
If convicted, Salazar-Gomez faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
The investigations were conducted by ICE ERO’s Criminal Alien Program in Philadelphia and are being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offenses are not an accurate indicator of the potential sentence for a specific defendant.
Correctional Officer and Prison Inmate Indicted for Conspiracy to Smuggle Heroin and Methamphetamine into the Taft Correctional FacilityRead the Press Release
FRESNO, Calif. — A federal grand jury returned a five-count superseding indictment today against Ramon Cano, 28, a resident of Bakersfield, and Gerardo Alvarez-Montanez, 32, an inmate at the Taft Federal Correctional Facility charging them with conspiracy to provide and possess contraband in prison and with various substantive counts, including distribution and attempted distribution of a controlled substance and bribery of a public official. United States Attorney Benjamin B. Wagner announced.
According to court documents, Cano a full time contract correctional officer employed at the Taft Federal Correctional Facility, was involved in smuggling heroin, methamphetamine and other items of contraband including cash and cell phones to Alvarez-Montanez in return for payments of cash.
This case was the product of an investigation by the Federal Bureau of Investigation and the Office of the Inspector General U.S. Department of Justice. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
If convicted, Cano and Alvarez face a maximum statutory penalty of forty years in prison and a $5,000,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Conspirator Sentenced to over Three Years in Car Dealership Fraud SchemeRead the Press Release
Used Stolen Identities to Purchase Expensive Cars
Greenbelt, Maryland - U.S. District Judge Peter J. Messitte sentenced Flinton Newton, age 34, of Bartlett, Tennessee today to 42 months in prison followed by two years of supervised release for conspiring to commit wire fraud and aggravated identity theft in connection with a scheme to use the stolen identity of others to purchase expensive cars.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kathy A. Michalko of the United States Secret Service - Washington Field Office; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to his plea agreement, Newton and his co-conspirators obtained the identity information of credit-worthy individuals, created false identity documents in the names of those individuals, then posed as those individuals at automotive dealerships in order to apply for vehicle financing. Newton and his coconspirators filled out credit applications with dealers in Maryland and Virginia, and then used the extended credit to purchase, or attempt to purchase, expensive cars. They did not intend to make any payments on the loans.
On July 19, 2013, Newton and a co-conspirator went to Capitol Cadillac in Greenbelt. Newton posed as another person whose identity he had fraudulently obtained, to apply for $80,663 in financing to purchase a 2013 Cadillac Escalade in the victim’s name.
Later that evening, Newton and the co-conspirator drove to Mercedes-Benz of Silver Spring where Newton again posed as the victim. The men attempted to purchase a 2012 Mercedes-Benz CL550 and a 2009 Mercedez-Benz S550 for a total of $120,056. They filled out credit applications to finance the entire purchase price, again using the victim’s identity and credit. The dealership manager saw that the victim’s credit had just been used to purchase the Cadillac Escalade, so he notified Montgomery County Police, who responded and arrested Newton and his co-conspirator.
The total attempted loss as a result of the fraudulent scheme was between $200,000 and $400,000.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.United States Attorney Rod J. Rosenstein praised the Secret Service, U.S. Postal Inspection Service and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Adam K. Ake, who prosecuted the case.
Cleveland Man Charged with Failing to Register as Sex OffenderRead the Press Release
Charles McMillian, 46, of Cleveland, Ohio, was indicted today by a federal grand jury for failure to register and update registration as required under the Sex Offender Registration and Notification Act, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The United States Marshals Service in Cleveland, Ohio conducted the investigation. The case is being prosecuted by Assistant United States Attorney Miranda E. Dugi.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Charleston Man Sentenced to 48 Months Imprisonment for West Side Distribution of CrackRead the Press Release
CHARLESTON, W.Va. – William Edward Richmond, 31, of Charleston, West Virginia, was sentenced to federal prison today for selling cocaine base, also known as “crack” on Charleston’s West Side, U.S. Attorney Booth Goodwin announced. On June 6, 7, and 11, of 2013, drug investigators used an informant to buy crack from Richmond near the intersection of Park and Central Avenues in Charleston. Richmond pleaded guilty in December of 2013 to the drug distribution charges. United States District Judge John T. Copenhaver, Jr. sentenced Richmond to 48 months imprisonment, 30 months for the crack distribution, and an additional 18 months for violating the conditions of his supervised release.
The case was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with other federal, state, and local law enforcement agencies, as well as leaders representing several West Side community organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder. The Charleston Police Department Special Enforcement Unit conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution.Cambria County Man Sentenced on Narcotics and Firearms ViolationsRead the Press Release
Prosecution is part of Project Safe Neighborhoods Initiative
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., has been sentenced in federal court to 120 months in prison and three years supervised release on his conviction of violating federal narcotics and firearms laws, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Gerald P. Carr, 32.
According to information presented to the court, on Feb. 1, 2013, Carr possessed with intent to distribute less than 100 grams of heroin and was found in possession of a Marlin Firearms Co., model 45 Camp Carbine, .45 caliber rifle. On Feb. 19, 2007 , Carr was convicted in Cambria Co., Pa., of delivery of cocaine, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Johnstown Police Department for the investigation leading to the successful prosecution of Carr.
According to Mr. Hickton, this case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
Bells Man Sentenced to 188 Months in Prison for Methamphetamine TraffickingRead the Press Release
Jackson, TN – Angel Hernandez, 30, of Bells, TN, was sentenced yesterday by Chief U.S. District Judge J. Daniel Breen to 188 months in prison following his conviction on one count of possession with intent to distribute 351 grams of ice methamphetamine, announced U.S. Attorney Edward L. Stanton III.
According to facts revealed during trial, on March 12, 2013, agents with the West Tennessee Violent Crime and Drug Task Force for the 28th Judicial District, the Drug Enforcement Administration (DEA) and the Jackson Police Department executed a search warrant at the Deerfield Inn in Humboldt, Tennessee.
Hernandez was found in possession of 351 grams of ice methamphetamine. Agents also found a large amount of U.S. currency and other evidence that he intended to distribute the drugs. Agents with the task force testified that due to the purity of the methamphetamine, it had a potential street value of up to $50,000 and could have been distributed to more than one thousand individuals.
In addition to the prison sentence, Hernandez will be required to serve four years of supervised release. There is no parole in the federal system.
This case was investigated by the DEA, West Tennessee Violent Crime and Drug Task Force for the 28th Judicial District, the Milan Police Department, the Humboldt Police Department, and the Jackson Police Department. Assistant U.S. Attorney Matt Wilson represented the government.Bell, California Man Charged with Trafficking Drugs Between Los Angeles Area and ModestoRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Victor Avalos Ballesteros, 24, resident of Bell, California, charging him with possession with intent to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
The indictment charging alleges that Ballesteros possessed with intent to distribute methamphetamine on February 10, 2014 within the County of Madera, California. According to court documents, Ballesteros was transporting approximately 3.8 kilograms of methamphetamine from the Los Angeles area to Modesto.
This case was the product of an investigation by the Homeland Security Investigations and the Madera Narcotic Enforcement Task Force (MADNET). Assistant United States Attorneys Patrick R. Delahunty and Kimberly A. Sanchez are prosecuting the case.
If convicted, Ballesteros faces a maximum statutory penalty of 20 years in prison and a $1,000,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Beckley Woman Sentenced for Selling Oxycodone in BeckleyRead the Press Release
BECKLEY, W.Va. – Cayla Lindsay, age 20, was sentenced today in Beckley, West Virginia, by United States District Court Judge Irene C. Berger to three years of probation, and 100 hours of community service. Lindsay previously plead guilty in December 2013 to distributing oxycodone, a powerful prescription pain killer. Lindsay admitted that on April 10, 2013, she sold several oxycodone pills to a confidential informant (CI) who was working with the Beckley Police Department Drug Unit. The drug deal took place at a restaurant located on S. Eisenhower Drive, Beckley.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.
Beckley Woman Sentenced for Selling Oxycodone in BeckleyRead the Press Release
BECKLEY, W.Va. – Amber Green, age 33, was sentenced today in Beckley, West Virginia, by United States District Court Judge Irene C. Berger to five months imprisonment, and a three year term of supervised release. Lindsay previously plead guilty in November of 2013 to distributing oxycodone, a powerful prescription pain killer. Lindsay admitted that on April 24, 2013, she sold several oxycodone pills to a confidential informant (CI) who was working with the Beckley Police Department Drug Unit and the Raleigh County Sheriff’s Department. The drug deal took place at a residence on Wildwood Avenue, Beckley.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.Beckley Woman Sentenced for Selling Oxycodone in BeckleyRead the Press Release
BECKLEY, W.Va. – Rachel Saunders, 32, was sentenced today in Beckley, West Virginia, by United States District Court Judge Irene C. Berger to three years of probation, and 100 hours of community service. Saunders previously plead guilty in November of 2013 to distributing oxycodone, a powerful and addictive prescription pain killer. Saunders admitted that on March 26, 2013, she sold several oxycodone pills to a confidential informant (CI) who was working with the Beckley Police Department Drug Unit and the Raleigh County Sheriff’s Department. The drug deal took place at a local video lottery establishment on North Eisenhower Drive, Beckley.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.
Bank Robber Sentenced to over 17 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Mark Edward Coulter, age 55, of Gaithersburg, Maryland, today to 210 months in prison followed by five years of supervised release for bank robbery and attempted bank robbery. Judge Bredar enhanced Coulter’s sentence upon finding that he is a career offender based on previous convictions for malicious burning of another person’s personal property and for robbery, both in Montgomery County Circuit Court.
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; Anne Arundel County Police Chief Kevin Davis; Chief David L. Stokes, Sr. of the Annapolis Fire Department and Anne Arundel County State’s Attorney Anne Colt Leitess.
According to court documents and statements made at today’s hearing, on May 3, 2012, Coulter robbed the PNC Bank in Laurel, Maryland. Coulter handed the teller a note threatening that the bag Coulter carried had chemicals in it, but that no one would get hurt if the teller gave Coulter money. The teller, in fear, gave Coulter $4,500 and Coulter left with the cash, leaving the bag behind. Analysis of DNA recovered from the bag determined that Coulter was a contributor to that DNA.On May 21, 2012, Coulter attempted to rob the Capitol One Bank in Laurel, again handing the teller a note demanding money. The teller did not understand Coulter’s request and advised Coulter that he needed a withdrawal slip. Coulter left the bank without obtaining any money, leaving the note. Law enforcement was able to match Coulter’s fingerprints to prints recovered from the note and from inside the bank.
United States Attorney Rod J. Rosenstein praised the FBI, Anne Arundel County Police Department, Annapolis Fire Department and Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Ayn B. Ducao and Justin S. Herring, who prosecuted the case.
Alleged Cosi Robber Added to IndictmentRead the Press Release
Ronald Stone, 29, of Philadelphia, PA, was charged today by superseding indictment with three robberies or attempted robberies at various Cosi stores, announced United States Attorney Zane David Memeger. Stone was added to an indictment charging James Pray. According to the indictment, on December 3, 2013, Stone and Pray robbed the Cosi store, at 235 S. 15th Street in Philadelphia; on December 9, 2013, they allegedly attempted to rob the Cosi at 140 S. 36th Street in Philadelphia; and on December 24, 2013, they allegedly robbed the Cosi, at 235 S. 15th Street in Philadelphia. The pair is also charged with using a handgun during the two robberies.
If convicted,each defendant faces a mandatory minimum of 32 years in prison with a maximum sentence of life, as well as five years of supervised release, a substantial fine, a special assessment, restitution, and forfeiture of the firearm and ammunition.This case was investigated by the Federal Bureau of Investigation, Philadelphia Police Department, and the Philadelphia District Attorney's Office. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-852521 Alleged Heroin Traffickers Federally Charged in New JerseyRead the Press Release
Multiple Arrests Made in Coordinated Takedown
TRENTON, N.J. – The New Jersey U.S. Attorney’s Office has charged 21 members and suppliers of a large-scale drug trafficking organization allegedly responsible for distributing heroin and cocaine throughout New Jersey’s Monmouth and Ocean counties, U.S. Attorney Paul J. Fishman announced today.The alleged leaders of the conspiracy, Robert Britt, a/k/a “True,” 44; and Rufus Young, a/k/a “Equan,” a/k/a “E-Money,” a/k/a “Kintock,” 41, both of Asbury Park, N.J., were among the 19 defendants charged in a complaint unsealed today, 13 of whom were arrested this morningas part of a takedown coordinated by federal and local law enforcement authorities. Britt has been incarcerated in New Jersey in connection with New Jersey state offenses since April 2013.Three of those charged are fugitives and the remaining defendants were already in custody.
Thomas Shannon, a/k/a “Cuzzo,” 35, of Asbury Park – who is also charged in today’s complaint with Britt and Young – was arrested along with Anthony J. Brooks, 44, of San Bernardino, Calif., and Rashawn Ramos, 37, of Perth Amboy, N.J., March 20, 2014, on a separate complaint charging related offenses.
Each defendant (see attached chart) was charged with one count of conspiracy to distribute one kilogram or more of heroin. Those arrested today are scheduled to make their initial court appearances this afternoon before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court. Those arrested on March 20, 2014, have been in federal custody since their arrests and will appear before Judge Bongiovanni at a later date.
“This case highlights what has become all too clear: heroin is a serious problem that affects communities across New Jersey,” U.S. Attorney Fishman said. “Working with our state and local partners, federal law enforcement will continue to track the purveyors of this poison wherever they set up shop.”
“We are all aware that crimes like the ones alleged in these complaints pose a significant and increasing threat to the public health and safety of our communities,” FBI Newark Special Agent in Charge Aaron T. Ford said. “The arrests today signify the growing efforts of the FBI and our state and local partners, to combat these organizations and make our communities safe for all. Cooperation between dedicated groups of law enforcement partners is, and will continue to be, a critical factor for successfully defending threats that endanger our communities.”
According to the federal criminal complaints filed in Trenton federal court:
From February 2013 through March 2014, the defendants engaged in a drug distribution conspiracy to profit from the distribution of controlled substances – chiefly heroin – in Ocean and Monmouth counties. Through the authorized interception of cell phone calls, the use of confidential informants and other means, law enforcement learned Britt and Young were leaders of the drug trafficking organization (the Britt-Young DTO), responsible for identifying sources of heroin supply. Britt and Young also oversaw distributors and other conspirators, who sold, packaged and stored the drugs. Members used temporary prepaid phones, replacing them after a few weeks of use, and spoke in code to avoid detection by law enforcement. Britt continued to communicate with Young to oversee and participate in the conspiracy, including identifying new sources of supply, narcotics customers, and other unlawful opportunities for the Britt-Young DTO, even after he was incarcerated.
The Britt-Young DTO sold prepackaged bundles of heroin, containing approximately one-fifth of a gram, and “bricks,” which contained approximately one gram. Discussions about drug quality, consumer satisfaction, pricing and the nature of the drug distribution business were captured on calls recorded by law enforcement.
The Britt-Young DTO acquired heroin from various suppliers, including Shannon, who obtained narcotics from out of state suppliers and laundered the sale proceeds. Shannon received kilogram quantities of heroin and cocaine from Brooks and others, who shipped the drugs to him through the mail. The drug packages were sent to Ramos’ residence in New Jersey and he then contacted Shannon to retrieve the packages. Shannon then took the narcotics to stash houses he controlled in Asbury Park and Long Branch, N.J. Shannon deposited cash from his narcotics sales into various third-party “straw” bank accounts and Brooks and other conspirators withdrew the funds at bank locations in California.
On March 20, 2014, law enforcement executed search warrants at Shannon’s stash houses and seized more than one kilogram of heroin, a half-kilogram of cocaine, 30 grams of crack cocaine, and various narcotics-related paraphernalia, including grinders, empty baggies, scales and other items used to package and prepare heroin and cocaine for distribution, as well as three firearms.
“Heroin continues a major contributing factor in much of the crime in Brick Township,” Brick Township Police Chief Nils R. Bergquist Jr. said. “We recognize the people who distribute heroin don’t recognize borders and often come from places other than Brick. Our ability to partner with the FBI and Safe Streets Task Force has allowed us to interrupt a significant source of heroin coming into Brick Township. This investigation should serve as a model of how federal, state and local agencies should come together.”
“In our local fight against narcotics we are pleased to have an excellent working relationship with the FBI as well as the New Jersey U.S. Attorney’s Office,” Toms River Police Chief Mitchell Little said. “The effort to rid society of drugs cannot be fought on a single front, and this cooperative effort goes to show how effective law enforcement agencies can be when we use a team approach.”
The conspiracy count with which each defendant is charged carries a minimum potential penalty of 10 years in prison, a maximum of life in prison, and a $10 million fine.
The conspiracy count in the earlier complaint with which Shannon, Ramos and Brooks are charged, and the possession of controlled substances count with which Shannon is charged, also carry a minimum potential penalty of five years in prison, a maximum of 40 years in prison, and a $5 million fine. Shannon and Brooks are also charged in a money laundering conspiracy count that carries a potential penalty of up to 20 years in prison and $500,000 fine.
“Our undercover narcotic operations beyond the borders of Ocean County and the solid interagency partnerships we have developed are beginning to yield substantial success in stemming the flow of illegal narcotics into Ocean County,” Joseph D. Coronato, Ocean County Prosecutor, said. “This type of multiagency operation, striking at the top level distribution leadership, is the most significant way to address the ever increasing heroin epidemic threatening our families in this county, state and nation.”
“These defendants are responsible for delivering the heroin that has been killing people in record numbers,” Acting Monmouth County Prosecutor Christopher J. Gramiccioni said. “They were profiting off the addiction of heroin by supplying cheap and easy access to anybody with a few bucks in their pocket.”
U.S. Attorney Fishman credited special agents of the FBI, Red Bank Resident Office, under the direction of Special Agent in Charge Ford; officers of the Brick Township Police Department, under the direction of Chief Bergquist: and officers of the Toms River Police Department, under the direction of Chief Little, with the investigation. He additionally credited special agents of the Bureau of Alcohol Tobacco Firearms and Explosives, under the direction of Acting Special Agent in Charge George Belsky; inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates; officers of the Monmouth County Prosecutor’s Office, under the direction of acting Prosecutor Gramiccioni; and officers of the Ocean County Prosecutor’s Office, under the direction of Prosecutor Coronato. He also thanked the Monmouth County Sheriff’s Office and the Neptune Township, Asbury Park, Marlboro, Long Branch and Freehold police departments for their roles in the case.
The government is represented by Assistant U.S. Attorney Nicholas Grippo of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
14-105
Defendant
Age
Residence
44
Asbury Park, N.J.
Rufus Young, a/k/a “Equan,” a/k/a “E-Money,” a/k/a “Kintock”
41
Asbury Park
Thomas Shannon, a/k/a “Cuzzo”
35
Asbury Park and Jersey City, N.J.
Jonathon Thomas, a/k/a “Life”
38
Neptune, N.J.
Antoine Harris
33
East Orange, N.J.
Tyshon Young, a/k/a “Young Boy,” a/k/a “Young Money”
28
Asbury Park
Jason O’Neal, a/k/a “Born”
41
Farmingdale, N.J.
Travis Whitfield, a/k/a “Trav”
29
Brick, N.J.
Jamar Johnson, a/k/a “Rep”
35
Lakewood, N.J.
Dawn Rosser
33
Lakewood
Valerie Resendes, a/k/a “Val”
26
Beachwood, N.J.
Melissa Piana
31
Toms River, N.J.
*Tyree Murray
26
Bayville, N.J.
Kenneth Greenhow, a/k/a “Fame”
40
Asbury Park
*Robert Ketcham
27
Bayville
Richard Durham
27
Brick
Kyle Adams
27
Barnegat, N.J.
Kareem Hayes, a/k/a “Bless”
33
Belmar, N.J.
*Matthew Miller, a/k/a “Star”
39
Neptune
Anthony Brooks
44
San Bernadino, Calif.
Rashawn Ramos
37
Perth Amboy, N.J.
*denotes fugitive
Britt-Young DTO Complaint
Shannon Complaint
26 March 2014
Wilkes-Barre Brothers Charged with Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a criminal information yesterday charging Thomas Ceprish, age 32, and his brother, Simon Ceprish, age 33, both of Wilkes-Barre, Pennsylvania, with distributing cocaine in Luzerne County between January 2008 and April 2013.
United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation; the Pennsylvania Attorney General’s Office; and the Luzerne County District Attorney’s Office. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is twenty years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
****West Chester Man Sentenced for Distribution of Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – Christopher A. McGlown Jr., 27, of West Chester, Ohio was sentenced in U.S. District Court to 60 months in prison for distributing child pornography through a peer to peer file sharing program.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI), and other agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the sentence handed down yesterday by Chief U.S. District Judge Susan Dlott.
McGlown pleaded guilty on November 20, 2012 to one count of distribution of child pornography. According to court documents, an FBI agent patrolling the internet in August 2012 downloaded two images and six videos containing child pornography from an IP address determined to be assigned to McGlown. Agents searched McGlown’s house in November 2012 and found file sharing software running on a laptop computer in McGlown’s bedroom. The system showed that the application had been actively running for approximately eight hours.
Further investigation confirmed that McGlown had a collection of more than 600 images of child pornography. His collection included numerous images or video files depicting children younger than 12 years old engaging in various sex acts, including acts considered sadistic or violent.
McGlown was also sentenced to 20 years of court supervision following his prison sentence. While under court supervision, Andriot must register as a sex offender anywhere that he lives, works or goes to school.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by the FBI and the Greater Cincinnati ICAC Task Force, and Assistant U.S. Attorney Christy Muncy, who prosecuted the case.
Agencies participating in the Greater Cincinnati ICAC include the FBI, Homeland Security Investigations (HSI), the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
# # #Watertown Man Charged with Mail FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man has been indicted by a federal grand jury for five counts of mail fraud.
Leon J. Brandriet, age 59, was indicted on March 4, 2014. He appeared before United States Magistrate Judge John E. Simko on March 13, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Brandriet is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Brandriet was released on bond pending trial. A trial date has not been set.
Washington, D.C. Man Pleads Guilty to Robbing Banks and Possessing Child PornographyRead the Press Release
Greenbelt, Maryland – Devontae West, age 26, of Washington, D.C., pleaded guilty today to possession of child pornography and conspiracy to commit bank robbery.
The guilty plea 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; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to his plea agreement, West and his co-conspirators stole vehicles to use during bank robberies, designated a co-conspirator to act as a getaway driver, wrote demand notes to present to bank tellers, used juveniles to enter the banks to demand money, used cell phones to maintain constant contact during the bank robberies and divided the proceeds of the bank robberies amongst themselves.
More specifically, on five occasions from March 20 to May 22, 2013, West and others, including juveniles, drove to the following bank branches where his conspirators stole a total of $14,598: SunTrust Bank in Clifton, District Heights and Forestville, Maryland; Capitol One Bank in Landover Hills, Maryland; and TD Bank in Washington, D.C. Also, on May 13, 2013 West and his conspirators drove to Capitol One Bank in Suitland, Maryland to rob the bank, but left without having obtained any money.
Additionally, on May 5, 2013 West had sex with a 15 year girl who he had directed to help him rob banks. West took eight pictures of the girl having sex with him. These pictures were on West’s cell phone when he was arrested.As part of his plea agreement, West 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).
West and the government have agreed that if the Court accepts the plea agreement, West will be sentenced to 12 years in prison. Chief U.S. District Judge Deborah K. Chasanow has scheduled sentencing for June 16, 2014.
Co-conspirator Calvin Manning also pleaded guilty today to bank robbery. Manning admitted to robbing the Sun Trust Bank in District Heights on March 25, 2013, which is one of the bank robberies in which West participated. Manning faces a maximum sentence of 20 years in prison at his sentencing scheduled by Chief Judge Chasanow on June 2, 2014.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas and Assistant U.S. Attorney Thomas Sullivan, who are prosecuting the case.
Wakpala Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Fabian Rodriguez, age 22, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 21, 2014 and March 8, 2014, Rodriguez knowingly engaged in and attempted to engage in sexual acts with two underage victims, who had not attained the age of 16 years old.
The charges are merely accusations and Rodriguez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rodriguez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Unanimous Supreme Court Rules for the United States in Criminal Firearms Case from West TennesseeRead the Press Release
Memphis, TN – Today, the United States Supreme Court handed the United States a unanimous victory in United States v. Castleman, a federal criminal case originating in the Western District of Tennessee, announced U.S. Attorney Edward L. Stanton III.
U.S. Attorney Stanton said, “We are extremely pleased with the Court’s decision. Castleman clarifies the law nationally and restores an important tool in the government’s toolbox. In particular, this decision means that federal prosecutors can continue to seek justice against – and protect victims from – those domestic abusers who arm themselves with firearms, not just in Tennessee but across the nation.”
Procedural history
In 2001, James Castleman was convicted of misdemeanor domestic assault in state court in Carroll County, Tennessee. The state indictment alleged that Castleman intentionally or knowingly caused bodily injury to the mother of his child.
In 2008, law enforcement agents discovered that Castleman and his wife were buying firearms from dealers and selling them on the black market. In August 2009, a federal grand jury in Memphis charged Castleman with two counts of possessing a firearm after having been convicted of a “misdemeanor crime of domestic violence,” in violation of 18 U.S.C. § 922(g)(9).
The district court granted the defendant’s motion to dismiss these federal charges in April 2010, on the basis that defendant’s prior Tennessee domestic assault conviction was not a “misdemeanor crime of domestic violence,” as that term is defined in federal law.
The United States appealed, and in September 2012 the U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s ruling, with each Judge of the divided three-member panel writing separately. The government sought rehearing by the en banc Court of Appeals, but the court declined to reconsider its decision.
In May 2013, the United States filed a petition for a writ of certiorari from the Supreme Court. The Court granted that petition on October 1, 2013. The question presented before the Supreme Court was whether Castleman’s Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a “misdemeanor crime of domestic violence” under federal law.
The Court’s decision
All nine Justices agreed that a Tennessee conviction for intentionally causing bodily injury to a family member constitutes a “misdemeanor crime of domestic violence” that triggers the firearms prohibition in § 922(g)(9). Thus, all Justices agreed that the Sixth Circuit’s opinion holding otherwise should be reversed.
In the lead opinion, written by Justice Sotomayor and joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, and Kagan, the Court held that the firearms prohibition for those convicted of a “misdemeanor crime of domestic violence” applies to those previously convicted of intentional domestic assault in Tennessee, as well as those convicted nationwide of similar statutes involving “the degree of force that supports a common-law battery conviction.” In part, this is because “‘[d]omestic violence’ is not merely a type of ‘violence’; it is a term of art encompassing acts that one might not characterize as ‘violent’ in a nondomestic context.”
The Court also noted that domestic abuse escalates in severity over time and that many perpetrators of domestic violence are convicted only of misdemeanors, not felonies.
Justice Scalia wrote an opinion concurring in part and concurring in the judgment. Justices Alito and Thomas concurred in the judgment.
The Court remanded Castleman’s case for further proceedings. The government’s prosecution of Castleman in the Western District of Tennessee can now proceed.
Assistant U.S. Attorney Daniel French and Criminal Appellate Chief Kevin G. Ritz represented the United States during the proceedings in the lower courts, and they, along with U.S. Attorney Stanton, attended the oral argument at the Supreme Court in January. The Office of the Solicitor General represented the government in the Supreme Court. Assistant to the Solicitor General Melissa Arbus Sherry argued the case for the United States.U.S. Attorney’s Office to Host Press Conference After Jordan Graham Sentencing in Missoula on March 27, 2014Read the Press Release
The United States Attorney for the District of Montana, Michael W. Cotter, announced today his office will host a press conference on Thursday, March 27, 2014, at 11:00 am or immediately following the sentencing of Jordan Graham in the Missoula U.S. Attorney's Office, located at 105 E. Pine, 2nd Floor, Missoula, Montana.
Press conference attendees are expected to include the United States Attorney for the District of Montana, Michael Cotter, representatives from the Federal Bureau of Investigation, National Park Service and the Kalispell Police Department.
Contact Keri Leggett at [email protected] with any questions.
U.S. Attorney Carmen M. Ortiz Delivers Remarks at BC Law School Speaker SeriesRead the Press Release
U.S. Attorney Carmen Ortiz spoke at Boston College Law School on March 26 as a part of a speaker series for Diversity and Inclusion, presented by the Boston College Latin American Law Students Association. “From Tough on Crime to Smart on Crime” was the theme of the night, where USA Ortiz spoke about her path to becoming the first female Hispanic U.S. Attorney for the District of Massachusetts and the USAO’s commitment to implementing the DOJ’s “Smart on Crime” initiative. “Smart on Crime” emphasizes smarter approaches to federal prosecution while modernizing the criminal justice system. She is pictured here with Tracey West, Boston College’s Associate Dean for External Relations, Diversity and Inclusion.
Two Lincoln Residents Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
On March 24, 2014, an Indictment was unsealed charging Jason Robert Jackson, 24, and Stacy Lynn Henry, 40, both of Lincoln, with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between January of 2012 and October of 2013. Henry had her first court appearance on March 26, 2014, and she was released on conditions. Henry’s next scheduled court appearance is a status conference on May 20, 2014.
A warrant has been issued for Jackson’s arrest. He has not yet been apprehended. Persons with information about Jackson’s whereabouts should contact their local law enforcement agency.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Two "Pill Mill" Owners ConvictedRead the Press Release
ATLANTA - Jason Cole Votrobek and Roland Rafael Castellanos have been convicted after a month-long jury trial on federal drug and money laundering charges for owning and operating a “pill mill” pain clinic which served as a front for the mass distribution of addictive pain killers. Votrobek had previously been acquitted in Florida of similar charges stemming from his ownership of a Florida pain clinic.
“The abuse of pain medication has become epidemic and now accounts for more six times more deaths than that of all of the traditional illegal drugs combined,” said United States Attorney Sally Quillian Yates. “The defendants in this case preyed upon on those addicted to prescription drugs in order to line their own pockets. The abuse of prescription drugs and its related criminal activity has become a danger in many of our communities - one we have made a central focus of our office. Today justice has been served.”
Harry S. Sommers, Special Agent in Charge of the DEA Atlanta Field Division commented on the case, “DEA and its state and local counterparts continue to target pill mills and pain clinics that violate the law by illegally distributing prescription pharmaceuticals. In this case, those charged had an insatiable desire to traffic these dangerous and sometimes deadly substances, but they will not have the power to commit such acts anymore. This case would not have been a success without collaborative law enforcement partnerships.”
“Georgia citizens who served on the federal jury in this case sent a clear message that operating pill mills and the illicit diversion of controlled substances will not be tolerated in our state. As law enforcement saw the early migration of pill mills to Georgia we quickly began investigating organizations involved in this activity. The GBI is very pleased a multi-agency effort resulted in the conviction of these individuals,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
Bartow-Cartersville Drug Task Force Commander Captain Mark Mayton said, “This was an important case for our local community as well as the prosecution of future “pill mill” cases. The hard work put into this case by all the agencies involved was apparent by the swift guilty verdict. Prescription diversion is a rapidly growing problem and hopefully this will serve as a strong message to those individuals who choose to exploit other who suffer addiction for their financial gain. We are grateful to the United States Attorney’s Office who believed in our case and support our efforts to keep our community safe.”
According to United States Attorney Yates, the charges and other information presented in court: In May 2010, using information from the Bartow/Cartersville Drug Task Force, multiple agencies joined in an expanded investigation of “Atlanta Medical Group,” learning that the clinic, located in Cartersville, Ga., was prescribing pain pills outside the bounds of legitimate medical practice.
The investigation revealed that Jason Cole Votrobek, 30, of Vero Beach Fla., Roland Rafael Castellanos, 34, of Hollywood, Fla., and Jesse Violante, 35, of Vero Beach, Fla., financed and operated the clinic. Tara Atkins, 36, of Cartersville, Ga., served as the office manager. Dr. James Chapman, 64, of Macon, Ga., served as the primary doctor. In their respective capacities, Votrobek and Castellanos worked to procure and distribute Oxycodone pills to addicts and distributors and directed the clinic’s doctor to see as many patients as possible, and to prescribe as many Oxycodone pills as possible, in order to generate mass profits. Dr. Chapman allegedly did so, however, without conducting sufficient medical examinations and, indeed, was frequently incapacitated due to intoxication. Atkins herself filled out prescriptions for the doctor to sign, and the amounts of pills distributed to patients were excessive, and with unusual dosage patterns.
The clinic was really a drug distribution operation with over 98 % of their patients traveling to the clinic from surrounding states, the majority from Kentucky and Tennessee. Many of those visiting had obvious signs of being addicts. The clinic engaged in unusual practices, like, permitting non-medical staff to assist with medical procedures, such as taking blood pressure, to maximize the number of patients seen. Indeed, in 2011, the clinic was one of the “Top 15” purchasers of Oxycodone in the nation. Votrobek and Castellanos made millions of dollars during the clinic's approximately one year of operation. Votrobek and Castellanos established multiple bank accounts, many in third party names, to conceal the windfall profits.
Jason Votrobek, and Roland Castellanos will be sentenced at a later date. Jesse Violante and Tara Atkins, who both previously pleaded guilty to charges related to their conduct at the clinic, will also be sentenced at a later date. Dr. James Chapman is presently awaiting trial.
This case was investigated by the Drug Enforcement Administration’s Diversion Group, Georgia Bureau of Investigation, Bartow/Cartersville Drug Task Force, Georgia Drugs and Narcotics Agency, the Internal Revenue Service-Criminal Investigation; with special assistance from the Tennessee Bureau of Investigation and the Kentucky State Police.
Assistant United States Attorneys G. Scott Hulsey, Cassandra J. Schansman, and Laurel R. Boatright prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Trussville Man Sentenced to Two Years in Prison for Multi-Million Dollar Tax SchemeRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Trussville man to two years in prison for a scheme to collect millions of dollars from the Internal Revenue Service on false tax returns, announced U.S. Attorney Joyce White Vance and IRS Criminal Investigation Division Special Agent in Charge Veronica Hyman-Pillot.
U.S. District Judge L. Scott Coogler sentenced NORMAN JAMES SECOR, 67, on four counts of making false claims against the government by filing or aiding in the filing of false income tax returns and supporting documents between June 2008 and February 2009. Judge Coogler also ordered Secor to pay the IRS $204,172 in restitution, which was part of Secor's November plea agreement with the government. Secor must report to prison April 28, and serve three years of supervised release after completing his prison term.
"The Internal Revenue Service will pursue all individuals who participate in schemes designed to undermine the integrity of the U.S. tax system,” Hyman-Pillot said. "As an agency, we are dedicated to maintaining the public’s confidence in our efforts to enforce the tax laws. As a result, today’s sentence of Norman Secor should serve as a reminder that individuals will face consequences for committing tax violations and defrauding the government.”
Secor was indicted last year on charges that he filed, or helped others file, 12 false tax returns claiming $5.2 million in refunds. Each false tax return contained a claim that interest income had been earned during the tax year on a certain type of bond, and that the taxpayer was entitled to a refund of federal income taxes withheld on those earnings. No such earnings or withholdings actually had occurred.
IRS, Criminal Investigation, investigated the case, which Assistant U.S. Attorneys George Martin and Robin Beardsley Mark prosecuted.
Three Central Florida Men Plead Guilty to Access Device SchemeRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Daoud Theron Jarrett (28, Kissimmee), Michael Jovan Johnson (32, Orlando), and Thonnie Edward Grisby, II (29, Orlando) each pleaded guilty to one count of access device fraud. Each faces a maximum penalty of ten years in federal prison. A criminal complaint was filed against the three on August 22, 2013.
According to court documents, Jarrett, Johnson, and Grisby used fraudulent credit cards with stolen access numbers at various Wal-Mart stores in Orange, Seminole, Volusia, and Osceola Counties. With these fraudulent credit cards, they purchased iPads, laptop computers, gift cards, and other items totaling more than $74,000.
This case was investigated by United States Secret Service. It is being prosecuted by Assistant United States Attorney Christopher LaForgia.
Statements by Attorney General Holder and Acting Assistant Attorney General Carlin on Conviction of Sulaiman Abu GhaythRead the Press Release
WASHINGTON— On Wednesday, a federal jury in Manhattan found Sulaiman Abu Ghayth, the son-in-law of Usama bin Laden and a senior member of al Qaeda, guilty on three counts, including conspiracy to kill Americans.
U.S. Attorney General Eric Holder released the following statement: “This verdict is a major milestone in the government’s unrelenting efforts to pursue justice against those involved with the September 11 attacks. I can imagine no more fitting outcome, and no stronger message to those who would harm our nation and its people: that no amount of distance or time can weaken America’s resolve to pursue, capture, and hold them accountable to the fullest extent of the law.
“I want to especially note that this verdict has proven that proceedings such as these can safely occur in the city I am proud to call home, as in other locations across our great nation. It was appropriate that this defendant, who publicly rejoiced over the attacks on the World Trade Center, faced trial in the shadow of where those buildings once stood.
“We never doubted the ability of our Article III court system to administer justice swiftly in this case, as it has in hundreds of other cases involving terrorism defendants. It would be a good thing for the country if this case has the result of putting that political debate to rest. This outcome vindicates the government’s approach to securing convictions against not only this particular defendant, but also other senior leaders of al Qaeda.
“I want to personally congratulate U.S. Attorney Bharara, his team in the Southern District of New York, and those who assisted in our National Security Division, for successfully prosecuting this case with the utmost integrity and professionalism. I also wish to thank the Federal Bureau of Investigation, U.S. Marshals Service, and Mayor de Blasio and the city of New York. This was truly a team effort.”
Acting Assistant Attorney General for National Security John Carlin released the following statement: “This case highlights our resolve to find and bring to justice those who plot to attack our citizens and our interests around the world. As the face and voice of al Qaeda in the days and weeks after the 9/11 attacks, Abu Ghayth conspired with Usama Bin Laden and al Qaeda and announced to the world al Qaeda’s deadly intentions to continue to attack America. Today, he stands convicted and he will face justice for his role in al Qaeda’s lethal plot to kill Americans. I want to thank all of the agents, analysts, and prosecutors who are responsible for this result.”
Statement of Manhattan U.S. Attorney Preet BhararaOn the Conviction of Usama Bin Laden Son-In-Law Sulaiman Abu Ghayth on All ChargesRead the Press Release
“A jury unanimously found that Sulaiman Abu Ghayth not only conspired to provide, and actually provided, material support to al Qaeda, but also conspired to kill Americans. He was more than just Usama bin Laden's propaganda minister. Within hours after the devastating 9/11 attacks, Abu Ghayth was using his position in al Qaeda's homicidal hierarchy to persuade others to pledge themselves to al Qaeda in the cause of murdering more Americans. Like the others who have faced terrorism charges in Manhattan's federal courthouse before him, Abu Ghayth received a fair trial, after which a unanimous jury rendered its verdict, justly holding him accountable for his crimes. We hope this verdict brings some small measure of comfort to the families of the victims of al Qaeda’s murderous designs.”
South Portland Man Sentenced to 16 Months for Possessing a Stolen FirearmRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that
Bahman Habibi, 28, of South Portland, Maine, was sentenced today in U.S. District Court by
Judge D. Brock Hornby to 16 months in prison and three years of supervised release for possessing a stolen firearm. Habibi was found guilty of the charge on October 30, 2013, following a jury trial.Court records reveal that a Glock pistol and a badge belonging to a law enforcement detective were stolen from a motor vehicle in South Portland on September 21, 2012. On April
17, 2013, Joseph Morrill used the stolen pistol to rob Cumberland Farms on Cottage Road in
South Portland. Five days later, Morrill used the pistol to rob TDBank on Market Street in South
Portland. Morrill then hid the stolen pistol. On March 25, 2013, the stolen pistol was taken to the basement of Habibi’s residence in South Portland. Habibi knew the pistol was concealed there and that it was stolen. On June 14, 2013, the firearm was recovered during the execution of a federal search warrant at Habibi’s residence.
The investigation was conducted by the South Portland Police Department and the
Federal Bureau of Investigation.Slidell, Louisiana Man, Richard Zanco, Pleads Guilty to Illegally Laundering over $343,000Read the Press Release
RICHARD ZANCO, age 44, of Slidell, Louisiana, plead guilty as charged today before United States District Judge Susie Morgan to money laundering, announced United States Attorney Kenneth Allen Polite, Jr.
According to court documents, in about May 2012, ZANCO learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale, by fraudulent means. Even though he knew that the CMOs did not belong to him, ZANCO gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under his control. Between about March 11, 2013, and September 19, 2013, ZANCO used the funds, totaling approximately $343,998.82, to engage in a variety of financial transactions for his personal use, including purchasing multiple automobiles and at least one boat.
ZANCO faces a maximum penalty of ten (10) years, followed by up to three (3) years of supervised release, and a $250,000 fine. Sentencing has been scheduled before Judge Morgan for July 2, 2014.
This case is being investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg and Dan Friel.
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Sioux City Gang Member Sentenced to over 5 Years in Federal Prison for Firearm ChargeRead the Press Release
A Sioux City gang member, who possessed a firearm after having been convicted of three previous felonies, was sentenced March 26, 2014, to 70 month’s imprisonment in federal prison.
Ramon Olague, III, age 23, from Sioux City, Iowa, was convicted of possessing a firearm having been convicted of a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits felons from possessing firearms.
According to information presented at Olague’s change of plea and sentencing hearings by the United States, Olague’s firearm possession was discovered on October 17, 2013, when Sioux City Police Officers responded to a domestic disturbance. Officers learned Olague had become angry with his paramour, shoved her, screamed at her, and brandished a gun. He ran off before police arrived, but he was soon apprehended. A search of the area revealed Olague had attempted to hide the firearm at another nearby property.
Olague was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Olague was sentenced to 70 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Olague is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4098.
The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Sioux City Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Seminole Man Sentenced to 33 Months for Assault with A Dangerous WeaponRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that TISHOMINGO MARC WALDON, age 43, of Seminole, Oklahoma, was sentenced to 33 months imprisonment, followed by 3 years of supervised release for Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, in violation of Title 18, United States Code Sections 1151, 1153 and 113(a)(3).
The charge arose from an investigation by the Federal Bureau of Investigation. The defendant was indicted in August, 2013 and pled guilty in September, 2013.
The Indictment alleged that on or about April 28, 2013, within the Eastern District of Oklahoma, within Indian country, on Indian land held in Trust by the United States of America on behalf of an individual member of a federally recognized tribe, the defendant, an Indian, did willfully, deliberately, maliciously, with the intent to do bodily harm, strike R.W., about the head and body with a 2 inch by 4 inch piece of lumber and a boise d’arc walking stick.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
San Joaquin County Man Indicted on Charges of Attempting to Provide Material Support to Foreign Terrorist OrganizationRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today charging Nicholas Michael Teausant, 20, of Acampo, with attempting to provide material support or resources to a foreign terrorist organization, United States Attorney Benjamin B. Wagner announced.
According to court documents, Teausant traveled to the Canadian border with the intent of continuing to travel to Syria to join the Islamic State of Iraq and Syria, a foreign terrorist organization more widely known as al-Qa’ida in Iraq.
This case was the product of an investigation by the Federal Bureau of Investigation and the Modesto Police Department and San Joaquin Sheriff’s Office, who are members of the Modesto/Stockton Joint Terrorism Task Force, with significant assistance from U.S. Customs and Border Protection. Assistant United States Attorneys Jean M. Hobler and Jason S. Hitt are prosecuting the case in conjunction with Trial Attorney Andrew Sigler of the National Security Division of the U.S. Department of Justice.
Teausant was charged by complaint with one count of attempting to provide material support or resources to a terrorist organization on March 17, 2014. He is currently in the custody of the U.S. Marshals pending transportation to the Eastern District of California from the Western District of Washington, where he was arrested, to face the charges now brought by indictment. The date of his arrival in the Eastern District of California is not yet set.
The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. If convicted, Teausant faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Complaint
Ridgeland Man Indicted for Bankruptcy FraudRead the Press Release
Jackson, Miss – William Marshall Wolfe, 44, of Ridgeland, was arraigned in federal court today pursuant to an indictment charging him with two counts of bankruptcy fraud, announced U. S. Attorney Gregory K. Davis, Acting U. S. Trustee Henry G. Hobbs, Jr. of Region 5, FBI Special Agent in Charge Daniel McMullen, IRS Criminal Investigation Special Agent in Charge Gabriel L. Grchan, and Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service.
According to the indictment, William Marshall Wolfe, owner of Steadivest, LLC, devised a fraudulent scheme in which he solicited money from investors under the guise of seeking investments for the rehabilitation of real estate. Wolfe continually solicited money from investors by providing misleading information about the financial stability of his company, Steadivest, LLC, and its related entities, and promising high returns on investments.
As a part of his scheme to defraud investors, Wolfe would seek new investors to meet his current obligations with existing entities. As part of his continuing scheme, Wolfe placed Steadivest, LLC, and its related entities in bankruptcy. On the eve of bankruptcy, Wolfe fraudulently transferred real property belonging to Steadivest, LLC, or its related entities, to another company through which he managed and solicited investors, in order to keep the properties from the bankruptcy estate.The U. S. Trustee referred the matter to the U. S. Attorney for prosecution. The investigation was conducted by the FBI, IRS Criminal Investigation, and U.S. Postal Inspection Service with assistance from the U.S. Trustee.
The case is scheduled for trial before U.S. District Judge Carlton W. Reeves on June 2, 2014. If convicted, Wolfe faces a maximum sentence of five years in federal prison and a $250,000 fine on each count.
The public is reminded that an indictment is a formal charge that a defendant has committed a violation of the federal criminal laws. All defendants are presumed innocent unless and until proven guilty.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Rapid City Man Charged with Theft from Indian Health ServiceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Theft or Embezzlement in Connection with Health Care.
Michael Gray, age 58, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Gray knowingly converting to his own use more than $100 in money, funds, and property of the Indian Health Service between March 2009 and October 2013.
The charge is merely an accusation and Gray is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gray was released on bond pending trial. A trial date has been set for May 27, 2014.
Philadelphia Woman Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Philadelphia resident pleaded guilty on March 25, 2014 before U.S. District Court Judge Malachy E. Mannion to participating in a drug trafficking conspiracy that distributed heroin during November 2013 to March 2014.
According to United States Attorney Peter Smith, the defendant, Linda Reyes, age 23, admitted that she conspired with others, including an inmate at the Waymart State Prison, to distribute and possess with intent to distribute more than 100 grams of heroin during a two-month time period.
Reyes was indicted by a federal grand jury on March 11, 2014, as a result of an investigation by special agents and task force officers of the Federal Bureau of Investigation and Scranton Police.
Reyes faces a possible maximum sentence of 20 years in prison and a fine up to $1 million. Judge Mannion ordered a pre-sentence investigation to be completed prior to sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Oahu Man Indicted for Firearms ViolationRead the Press Release
HONOLULU - A federal grand jury returned an indictment yesterday charging Brian Ancho, age 35, with two counts of being an unlawful user of or addicted to a controlled substance and a convicted felon in possession of a firearm. Count 1 of the indictment alleges that Ancho, an Oahu resident, possessed a Charter Arms Corporation revolver, and Count 2 alleges possession of a Beretta pistol, both on March 13, 2014.
Florence T. Nakakuni, Untied States Attorney for the District of Hawaii, said that according to allegations contained in a criminal complaint previously filed in court, Ancho was approached by two Honolulu Police Department Crime Reduction Unit officers on March 13, 2014. After the officers identified themselves, Ancho attempted to run away from the officers but was apprehended and arrested. Thereafter, officers conducted a pat-down search of Ancho’s waistband and discovered that Ancho had a Charter Arms Corporation revolver in his waistband. Law enforcement officers later that day recovered a Beretta pistol during a search of a vehicle driven by Ancho.
If convicted, Ancho faces up to ten years in prison and a fine of up to $250,000 on each count. The charges in the indictment, as well as the information contained in the criminal complaint, are merely accusations, and the Defendant is presumed innocent until proven guilty.
The Defendant is being prosecuted as part of the Honolulu Violent Incident Crime Task Force/ Frontline Initiative, a collaborative effort by federal, state, and local law enforcement agencies and prosecutors and communities to prevent, deter, and prosecute gun crime. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; and the Honolulu Police Department, with cooperation from the City and County of Honolulu Department of the Prosecuting Attorney. The case is being prosecuted by Assistant U.S. Attorney Michael Nammar.
O.C. Firm Pays $500,000 to Resolve Allegations It Violated the Buy American Act by Selling Foreign-Made Medical Devices to ArmyRead the Press Release
LOS ANGELES – Prosthetics supplier Ossur Americas, Inc. today paid the United States $500,000 to resolve allegations that the Orange County company supplied the Army with hundreds of foreign-made prosthetic, bracing and support products –while falsely certifying that all of its products were manufactured in the United States as required by federal law and its contracts with the military.
Ossur, which is headquartered in Foothill Ranch, paid the money today pursuant to a settlement agreement that resolves allegations that it had violated the federal False Claims Act by falsely certifying compliance with the Buy American Act. The alleged conduct took place in 2005 and 2006 and involved prosthetic components for wounded soldiers.
The Buy American Act generally prohibits federal government agencies from purchasing foreign-made products, and Ossur’s compliance with the Act was expressly required by its contracts with the Army.
Ossur became aware that it had made the prohibited sales in early 2006, and entered the Department of Defense’s Voluntary Disclosure Program in December 2006. The government subsequently investigated Ossur’s disclosure. In conjunction with Ossur’s voluntary disclosure, the company instituted a series of compliance measures, including distribution of instruction sheets to sales representatives and training for management officials, to ensure future compliance with the Buy American Act.
This matter was investigated by the Defense Criminal Investigative Service.
Release No. 14-033a
Non-Indian Man Pleads Guilty to Sexually Abusing an Indian Child on Laguna Pueblo LandRead the Press Release
ALBUQUERQUE – Michael Ray Looney, 39, a non-Indian man who resides in the Pueblo of Laguna, N.M., pleaded guilty this morning to sexually abusing a minor child under a plea agreement that requires the imposition of a 15-year federal prison sentence. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Looney was arrested on June 28, 2013, on a criminal complaint alleging that he forced an Indian child between the age of 12 and 16 years to engage in sexual acts. The complaint alleged that Looney committed these criminal acts within the Pueblo of Laguna in Cibola County, N.M.
Today Looney entered a guilty plea to a felony information charging him with sexual abuse of a minor. In his plea agreement, Looney admitted to engaging in sexual acts with the child victim from March 2013 to June 2013. Looney also admitted knowing that the victim was under 16 years of age when Looney violated the child.
Looney has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. After Looney completes his 15-year prison sentence, he will be on supervised release for a term of years to be determined by the court. Looney also will be required to register as a sex offender.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. It is being prosecuted by Special Assistant U.S. Attorney David Adams. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
New Haven Crack Dealer Sentenced to Five Years in Federal PrisonRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT LEE, also known as “B.O.,” 36, of New Haven, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 60 months of imprisonment, followed by four years of supervised release, for distributing crack cocaine.
According to court documents and statements made in court, this matter stems from “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants, and seizures of narcotics and firearms. More than 100 individuals were charged as a result of the investigation.
LEE has been detained since his arrest on May 22, 2012. On January 2, 2014, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of cocaine base (“crack cocaine”).
LEE’s criminal history includes three prior felony drug convictions.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Marc Silverman.
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(203) 821-3722 [email protected]Mobile Man Sentenced to Nearly Four Years in Prison for Conning $260,000 from Three WomenRead the Press Release
BIRMINGHAM -- A federal judge today sentenced a Mobile man to nearly four years in prison in connection with a con scheme totaling more than $260,000 that he ran on at least three women he met in an upscale Birmingham steakhouse, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
JULIAN PEARSON BURKE, 56, pleaded guilty in October to two counts of wire fraud and one count of interstate transportation of stolen goods. U.S. District Judge L. Scott Coogler sentenced Burke to 45 months in prison on the charges and ordered him to pay the victims $264,300 in restitution. Burke had agreed to the restitution as part of his plea agreement with the government. Judge Coogler ordered Burke into custody immediately following today's hearing.
Between October 2010 and October 2011, Burke struck up friendships with at least three women he met at a restaurant in the Summit Shopping Center on U.S. 280. He convinced all three to give him tens of thousands of dollars for him to invest, according to court documents. Instead of investing the money, Burke spent it at pawnshops and casinos. He never returned any money to the three women.
Burke pleaded guilty to transporting stolen goods across state lines for receiving a $100,000 investment check from a woman, identified by the initials C.W., and converting it to personal use by endorsing and negotiating the check at the Imperial Palace of Mississippi casino in Biloxi. The woman believed she was investing in the Admiral Semmes Hotel in Mobile.
According to Burke's plea agreement and other court documents, he carried out his wire fraud scheme as follows:
Burke owned two businesses, Burke Construction and Computer Converters, and maintained business accounts for both at the Mississippi-based Hancock Bank.
In October 2010, Burke met a woman, identified by the initials D.G., at the Birmingham restaurant and built a friendship. In February 2011, he asked D.G. to invest with him by loaning money to pawnshops. On Feb. 7, 2011, she wired $18,000 from her bank account to the Computer Converters account, which held $313 before her deposit. The next day, Burke transferred $18,200 from the Computer Converters account to the Burke Construction account. The same day, he wrote two $9,150 checks to Quik Pawn in Mobile to buy back a 17-carat platinum watch and a men's diamond pinky ring he previously had pawned there for $7,500 each.
In April 2011, Burke convinced D.G. to invest $86,000 more with him, claiming he was publishing academic coloring books for children and would roll her previous investment, plus interest, into the project. She thought she would get back the $110,000, plus interest, within six months. In July 2011, D.G. wired another $20,300 to the Burke Construction account for the coloring book project. Burke never returned any of D.G.'s money. He also cashed a $59,921 check at Grand Casino of Mississippi on the same day the $86,000 was deposited into the previously overdrawn construction company account.
The third victim in the case is identified in court documents by the initials, S.H. Burke met her at the Birmingham restaurant in February 2011. He convinced S.H. to invest with him in buying a pawnshop, with the understanding that she would earn 15 percent interest within 60 days. On Oct. 24, 2011, S.H. wired $40,000 to the Burke Construction bank account, which was overdrawn until the deposit arrived. That same day, Burke withdrew $35,000 cash and transferred $2,000 to the Computer Converters account.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.
Minnesota Woman Pleads Guilty to Human Trafficking for Holding Victim in Forced Labor in RestaurantRead the Press Release
Tieu Tran, 59, of Mankato, Minn., pleaded guilty late yesterday to one count of forced labor trafficking in the U.S. District Court for the District of Minnesota, the Justice Department announced today. Tran is the former owner and manager of Nails By Jordan, a nail salon located in Mankato.
According to evidence presented in court proceedings and documents, in 2008, Tran recruited a woman from Vietnam to travel to the United States using false promises of legal immigration status and a high-paying job. In reality, Tran smuggled the victim and two other Vietnamese nationals across the southern U.S.-Mexico border, imposed a significant debt upon the victim and forced the victim to pay down the smuggling debt by working at Tran’s son’s Vietnamese restaurant, Pho Saigon, in Mankato.
During the plea proceedings, Tran admitted to compelling the victim to work long hours without paying her as promised, using a scheme, plan and pattern of non-violent coercion. This included manipulation of debts, isolation and verbal intimidation to hold the victim in fear, knowing that the victim was without legal status and money, did not have the ability to speak English, feared losing her family home in Vietnam to creditors and had nowhere else to turn for subsistence.
“This defendant preyed on vulnerable victims and exploited them for her profit,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “Traffickers routinely use schemes of non-violent coercion to exploit victims by manipulating the victims’ debts, fears of immigration consequences, linguistic isolation and other vulnerabilities. The Civil Rights Division is committed to seeking justice on behalf of victims of human trafficking and to holding human traffickers accountable”
“Human trafficking degrades the dignity of humanity and strikes at the heart of individual equality and freedom,” said U.S. Attorney Andy Luger for the District of Minnesota. “The U.S. Attorney’s Office for the District of Minnesota will aggressively prosecute those who seek to capitalize on human frailty through such conduct.”
“ The FBI, in conjunction with its law enforcement partners, remains steadfast in its commitment to eradicate human trafficking,” said Special Agent in Charge J. Chris Warrener of the FBI’s Minneapolis Field Office. “Human trafficking is an insidious crime which impacts not only its victims, but society as a whole. Detecting and bringing to justice those who perpetrate these schemes will always be a top priority for law enforcement. ”
Tran faces a statutory maximum sentence of 20 years in prison and a $250,000 fine. As part of her plea agreement, Tran agreed to nullify all debts imposed upon the victim, as well as similar debts imposed upon seven other individuals believed to be under similar circumstances.
This case was investigated by the FBI and is being prosecuted by Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorney David Steinkamp of the U.S. Attorney’s Office for the District of Minnesota.
Michigan Aquarium Store Operator Sentenced for Illegal Trafficking of Marine LifeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tracy Dunn, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and Edward Grace, Deputy Assistant Director, U.S. Fish & Wildlife Service, Office of Law Enforcement, announce that Richard Perrin, 80, of Romulus, Michigan, was sentenced today for conspiring with others to commit certain offenses against the United States, that is: transport, sell, receive, acquire, and purchase fish and wildlife, that is marine invertebrates, Sea Fans (Gorgonia flabellum and Gorgonia ventalina), ornamental tropical fish, sharks, and alligators (Alligator mississippiensis), with a fair market value in excess of $350.00, knowing the wildlife was taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, in violation of Title 16, United States Code, Sections 3372(a)(2)(A), 3372(a)(4), and 3373(d)(1) and (2), all in violation of Title 18, United States Code, Section 371.
U.S. District Judge Jose E. Martinez, who had previously accepted Perrin’s guilty plea, after granting a government motion for a downward departure in the case, based on Perrin’s extensive cooperation and assistance in the investigation and prosecution of others, imposed a sentence of a three year term of probation, a criminal fine of $15,000, and forfeiture of the vehicle used in the commission of the Lacey Act violations. Perrin’s co-defendant, Joseph Franko, 35, also of Romulus, is awaiting sentence in Key West on April 14, 2014, at 10:00 a.m.
According to the indictment and joint factual statements submitted to the Court, during the period extending from December 2008 through approximately December 2011, Perrin and Franko engaged in a conspiracy to purchase, harvest, and transport marine life and reptiles from Florida to Michigan for sale through a business known as Tropicorium, Inc. Perrin was the owner Tropicorium, engaged in the day-to-day management and operation of the corporation, while Franko was an employee. Tropicorium was organized in 1993 under the laws of Michigan with its principal place of business in Romulus. Tropicorium was engaged in the purchase and retail sale of marine life and reptiles, including sharks, marine invertebrates, Sea Fans (Gorgonia flabellum and Gorgonia ventalina), ornamental tropical fish, and alligators.
The defendants admitted that they failed to acquire or possess the licenses required by Florida Statute for the marine life they harvested during multiple trips to the Florida Keys. Additionally, the sea fans taken by the defendants and sold in Michigan are prohibited from being harvested from the waters of the State of Florida or the Florida Keys National Marine Sanctuary. According to the factual statements, Perrin and Franko also made stops while en route to and from the Keys in the area of Big Cypress National Preserve, where they illegally poached juvenile alligators to sell through Tropicorium. Unknown to the defendants, on one occasion they actually sold a baby alligator and illegal sea fans from a Florida harvesting trip to an undercover Special Agent of the Fish & Wildlife Service. The two defendants also utilized a facility on Grassy Key as a maintenance base for their harvested marine life until they were ready to ship or transport the specimens to Michigan for sale.
Mr. Ferrer commended the joint investigative efforts of the NOAA Office of Law Enforcement and the U.S. Fish & Wildlife Service, Office of Law Enforcement. Mr. Ferrer also thanked the Michigan Department of Natural Resources and the Florida Fish and Wildlife Conservation Commission. This case was prosecuted by Assistant U.S. Attorneys Thomas Watts-FitzGerald and Antonia Barnes.
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.
Mattapoisett Woman Pleads Guilty to Embezzling from Middleboro BusinessesRead the Press Release
BOSTON – A Mattapoisett woman pleaded guilty today in connection with her theft of nearly $320,000 from two Middleboro businesses.
Marie Greany, 43, pleaded guilty before U.S. District Court Judge Rya W. Zobel to wire fraud. Sentencing is scheduled for June 25, 2014 at 2:00 pm. Greany was charged in an Information earlier this month.
From 2006 to 2012, Greany, who worked as a bookkeeper for two computer systems design and consulting businesses in Middleboro, Mass., stole nearly $320,000 from the two companies. Among other things, Greany used a company credit card to make unauthorized charges for personal expenses, including travel, tickets to sporting events and theater productions, restaurant meals and tuition, as well as the costs of operating her photography business. She then caused the charges to be paid with corporate funds from both companies. Greany also transferred money from the businesses’ bank accounts to pay her personal credit card bills. Additionally, Greany caused the payroll processing company for the victim companies to issue payments to her as reimbursement for expenses which had actually been incurred by other employees as well as increased salary payments for herself. She also wrote two unauthorized checks on a company account which she used for her own purposes.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Sandra S. Bower of Ortiz’s Economic Crimes Unit.
Man Wanted for Murder of Young Mother and Her Two-Year-Old Son Added to the FBI’S List of “Ten Most Wanted Fugitives”Read the Press Release
FBI NY - MAN WANTED FOR MURDER OF YOUNG MOTHER & HER TWO-YEAR-OLD
FBI Top Ten Most Wanted Poster- Garcia