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Wednesday 15 January 2014
Charges Lodged in Aggravated Identity Theft CaseRead the Press Release
Liberado Peralta, 69, of Allentown, Pennsylvania, was charged today by indictment with one count of conspiracy to defraud the United States with respect to claims and three counts of aggravated identity theft, announced United States Attorney Zane David Memeger.
In a related case, Florentina Peralta, a/k/a “Cindy Peralta,” Jose Peralta, a/k/a “Tony Peralta,” and Fayez Antonios were each charged today by information with the same offenses, and Jose Peralta was also charged with one count of making false statements to obtain a loan insured by the Department of Housing and Urban Development.
If convicted, each defendant other than Jose Peralta faces a maximum possible sentence of 16 years’ imprisonment, three years’ supervised release, a $1 million fine, and a $400 special assessment. Jose Peralta’s maximum sentence is 18 years’ imprisonment, 3 years’ supervised release, a $1.25 million fine, and a $500 special assessment.
The cases were investigated by the Internal Revenue Service and the Office of the Inspector General for the Department of Housing and Urban Development. It is being prosecuted by Assistant United States Attorney Mark B. Dubnoff.
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, 215-861-8525Carjacker Who Led Police on A High Speed Chase Exiled to over Three Years in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Correy Markel Janifer, age 21, of Washington, D.C., today to 46 months in prison followed by three years of supervised release for being a felon in possession of a gun and interstate transportation of a stolen vehicle.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Acting Chief of Police Robert Maclean of the U.S. Park Police.
According to his plea agreement, at about midnight on January 29, 2013, a man wearing a ski mask pointed a handgun at the driver of a Honda Accord while the driver was sitting in his car in the northeast section of the District of Columbia. The man hit the driver in the back of the head with his gun and took the car.
Shortly afterwards, D.C. police in marked cruisers saw the stolen Honda driving on the streets and tried to stop the car. Janifer, the driver, did not stop, and led the police on a chase into Maryland and onto the Baltimore-Washington Parkway. U.S. Park Police officers took up the pursuit with their lights flashing and sirens activated.
Janifer drove on at about 90 miles an hour in the 45 mile speed zone. As Janifer approached the interchange with Route 410, he went through a red light and returned to the Parkway. Janifer braked hard, causing a Park Police officer to swerve into another lane to avoid a collision. Janifer then accelerated and struck the right rear of the officer’s marked cruiser. Janifer then drove up the ramp to Route 450, while a loaded pistol was thrown out of the Honda. Janifer continued on to westbound Route 450, speeding, fishtailing and weaving over the center line into the oncoming lane. Janifer lost control of the car and finally halted. When an officer positioned his cruiser to prevent the Honda from moving further, Janifer drove the Honda forward to collide with the officer’s car and rip off the front bumper.
Janifer got out of the Honda and fled, shedding his jacket as he ran. Soon after, Janifer was surrounded by police and arrested. The pistol that was thrown from the Honda was recovered. A ski mask similar to the one described by the carjacking victim was found in the pocket of the jacket Janifer had thrown down during the chase.
United States Attorney Rod J. Rosenstein commended the ATF and U.S. Park Police for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Hollis Raphael Weisman, who prosecuted the case.
Brotherly Love Amblance EMT Pleads Guilty to Health Care Fraud SchemeRead the Press Release
PHILADELPHIA - Neel Jackson, 35, of Philadelphia, PA, pleaded guilty today to health care fraud in connection with a scheme involving Brotherly Love Ambulance, Inc. A sentencing hearing is scheduled for April 17, 2014.
In July 2010, Feda Kuran, charged elsewhere, began operating Brotherly Love Ambulance, Inc. with a co-schemer. Jackson, an Emergency Medical Technician (EMT) employed by Brotherly Love, transported patients by ambulance when those patients could have been transported safely by other means and were, therefore, not eligible for ambulance service under Medicare and Medicaid requirements. Jackson and others completed paperwork including “run sheets” representing that patients needed ambulance services, when he knew that they were able to walk or to be transported by public transportation or para-transit van. In addition, Jackson gave envelopes he understood to contain cash or other payments to induce patients to allow Brotherly Love to transport them and/or to induce them to remain with Brotherly Love. Finally, Jackson received payments for referring patients to Feda Kuran and/or Brotherly Love. As a result of Jackson’s actions, the Medicare program paid more than $200,000 in inappropriate bills. As a result of the overall scheme at Brotherly Love, the Medicare program paid more than $2 million in inappropriate bills.
The defendant faces a maximum possible sentence of 10 years of in prison, three years of supervised release, a $250,000 fine, a $100 special assessment, and an order of restitution and forfeiture.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Labor Office of the Inspector General. It is being prosecuted by Assistant United States Attorneys Matthew J.D. Hogan and Paul W. Kaufman.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Bonners Ferry Man Indicted for Violent ATM Theft in McCallRead the Press Release
BOISE — Nathan Paul Davenport, 34, of Bonners Ferry, Idaho, was indicted yesterday by a federal grand jury in Boise for bank larceny by use of a dangerous weapon and use of a deadly weapon during a felony offense, U.S. Attorney Wendy J. Olson announced.
The indictment charges that on January 10, 2014, Davenport broke into and stole cash from an automated teller machine (ATM) located at the Idaho First Bank in McCall, Idaho. The indictment further alleges that using a Ruger assault rifle, he shot at responding law enforcement officers in connection with the offense.
“Those who use firearms to commit violent crimes will be vigorously investigated and prosecuted,” said Olson. “The FBI and U.S. Attorney’s Office will move swiftly and decisively where evidence shows that those individuals attempt to injure law enforcement officers who themselves are trying to keep our communities safe. Along with our local law enforcement partners, we will continue to investigate this incident.”
Davenport and another individual, Matthew Taber Annable, 39, were arrested without incident on January 12, 2014, in Orem, Utah, in connection with a separate ATM robbery in Wyoming. The two men appeared in federal court in Salt Lake City on Monday afternoon on a Wyoming federal complaint charging them with an ATM theft in Douglas, Wyoming on December 8, 2013.
The charge of bank larceny by use of a dangerous weapon as charged in the Idaho indictment is punishable by up to 25 years in prison, a maximum fine of $250,000, and up to five years of supervised release. The charge of use of a deadly weapon during the commission of a felony offense is punishable by a mandatory minimum of ten years up to life imprisonment, a maximum fine of $250,000, and up to five years supervised release.
The case is being investigated by the Federal Bureau of Investigation, the Idaho State Police, the Valley County Sheriff’s Office, and the McCall Police Department.
Indictments and complaints are a means of charging a person with criminal activity. They are not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Beaver County Woman Admits Threatening Potential Federal Witnesses via FacebookRead the Press Release
PITTSBURGH – A Beaver County woman pleaded guilty in federal court to a charge of violating federal witness intimidation laws, United States Attorney David J. Hickton announced today.
Natalie Moskorisin, 23, of Ambridge, Pa., pleaded guilty to one count of witness intimidation before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the Court learned that Moskorisin sent a threatening Facebook message to potential witnesses in the federal narcotics case involving her boyfriend at the time, David Best. This message warned these potential witnesses not to cooperate with the Government in its investigation of David Best.
Judge Schwab scheduled sentencing for April 29, 2014, at 9:30 a.m. The law provides for a total sentence of up to 20 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Eric S. Rosen is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation that led to the prosecution of Natalie Moskorisin.
Architect Arrested in Connection with Progreso Bribery SchemeRead the Press Release
McALLEN, Texas - Jesus Bustos, 57, has been arrested on charges of conspiracy and bribery associated with a federally-funded program, announced United States Attorney Kenneth Magidson.
Bustos was charged in a sealed superceding indictment, returned Jan. 8, 2014, and unsealed this morning upon his arrest. He is expected to make an initial appearance before U.S. Magistrate Judge Peter Ormsby at 9:00 a.m. in McAllen.
The superseding indictment alleges Bustos participated in a bribe paying scheme in Progreso. Bustos is accused of paying bribes to public officials in Progreso in order to obtain contracts on public construction projects for his architectural firm, IDEA Group LLC.
Also indicted are Jose Vela, the former director of maintenance and transportation for the Progreso Independent School District (PISD), and his sons - mayor of Progreso Omar Vela and former president of the PISD Board of Trustees Michael Vela. The Vela family defendants are accused of using their control of Progreso municipal government and the PISD Board of Trustees to extract bribes and kickbacks from contractors, including IDEA Group. PISD receives more than $1 million per year in federal funds from the United States Department of Education, according to the indictment.
Beginning in June 2004, the Vela family members allegedly conspired with Bustos and others to obtain bribes and kickbacks from IDEA Group and from a construction company that were both hired as contractors by the city of Progreso and PISD. According to the indictment, bribes were also paid by an attorney who was hired as local counsel to advise the PISD Board and by a company that supplied the city of Progreso and PISD with electrical and plumbing supplies.
The indictment alleges Jose Vela maintains political control in Progreso through his sons Omar and Michael. Jose Vela allegedly controls members of the PISD Board through a system of reward and retaliation in which board members who vote as Jose Vela directs are rewarded with bribe money, while those who do not follow his direction are retaliated against. Through this system of political control, the Vela family was able to obtain bribes from Bustos and other willing contractors.
If convicted, Bustos faces up to 10 years in prison and a possible $250,000 fine.
The FBI investigated the case and Assistant United States Attorney Robert S. Johnson is prosecuting.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Annapolis Cocaine Dealer Exiled to over 7 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Shawn Anthony Pollard, age 35, of Annapolis, Maryland, today to 92 months in prison followed by three years of supervised release for conspiring to distribute and possession with intent to distribute cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Annapolis Police Chief Michael A. Pristoop; and Anne Arundel County State’s Attorney Anne Colt Leitess.According to his plea agreement, on February 9 and 17, 2012, a confidential informant bought a total of 8.8 grams of cocaine from Pollard in Annapolis. On February 24, 2012, law enforcement officers executed a search warrant where Pollard lived and seized a loaded handgun, a digital scale containing cocaine residue, .3 grams of cocaine base from Pollard’s jacket and $34,790 which were the proceeds of drug sales. Text messages were also found on Pollard’s phone in which individuals were seeking to buy 1/8 kilogram of cocaine for $4,900 and a half of a kilogram for $18,200.
United States Attorney Rod J. Rosenstein commended the ATF, Annapolis Police Department and Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Seema Mittal, who prosecuted the case.
Anderson County Man Sentenced for Drug Trafficking ViolationsRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 29-year-old Palestine, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Clifford Murray pleaded guilty on Nov. 6, 2013, to possession with intent to distribute approximately 11.6 grams of crack cocaine and was sentenced to 60 months in federal prison today by U.S. District Judge Michael H. Schneider. Murray was also ordered to pay a $20,000 judgment and submit to forfeiture of seized firearms and cash.
According to information presented in court, on Mar. 14, 2013, Murray was found at a residence on South Jackson Street in Palestine, Texas, in possession of crack cocaine, which he intended to distribute to others. Murray also admitted to possessing three pistols, a pistol-grip shotgun, ammunition and $8,907 in cash, all in connection with his drug trafficking activities.
This case was investigated by the Palestine Police Department, the Anderson County District Attorney’s Office, the U.S. Drug Enforcement Administration, and the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.
Ambridge Woman Passed Fake Painkiller Scripts, Drove Getaway Car in Pharmacy BurglaryRead the Press Release
PITTSBURGH - A resident of Ambridge, Pa., pleaded guilty in federal court to a charge of violating federal narcotics and burglary laws, United States Attorney David J. Hickton announced today.
Katie Adams, 28, pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the Court was advised that Adams conspired with others to possess with the intent to distribute and distribute oxycodone, a Schedule II controlled substance. In that regard, the Court learned that Adams passed a number of fraudulent oxycodone prescriptions at pharmacies in the Western District of Pennsylvania. Adams then provided the obtained oxycodone to charged co-defendant David Best, who later resold this oxycodone. In addition, law enforcement from the Pennsylvania Attorney General’s Office conducted a controlled buy of oxycodone from Adams in July, 2013.
Further, the Court was advised that Adams conspired with others to burglarize the Med-Fast pharmacy in Baden, Pa., on Sept. 26-27, 2012, and from that pharmacy, stole controlled substances, including oxycodone and oxymorphone. In that regard, the Court learned that Adams conspired together with separately charged defendants David Best and Carlos Martinez to burglarize the pharmacy. On the evening of Sept. 26, 2012, Adams drove Best and Martinez to the pharmacy. Best first broke into the Chinese restaurant next door to the pharmacy, and from there, bore through the wall of the restaurant and into the pharmacy. Once inside the pharmacy, Best stole the controlled substances. While Best was inside the pharmacy, Martinez served as a “lookout” outside the pharmacy. Best then left the pharmacy, and Katie Adams, the “getaway” driver, drove Martinez and Best away from the pharmacy. The three persons later split the obtained narcotics amongst themselves. Carlos Martinez has previously pled guilty to burglarizing the pharmacy. David Best has pleaded not guilty to the charges against him.
Judge Schwab scheduled sentencing for April 30, 2014, at 10:30 a.m. The law provides for a total sentence on each count of up to 20 years in prison, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Eric S. Rosen is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation that led to the prosecution of Katie Adams.
Alleged Illegal Alien Indicted for Failure to DepartRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton returned an Indictment yesterday against Sergey Ryzhenkov charging failure to depart the United States.
According to United States Attorney Peter J. Smith, Sergey Ryzhenkov, age 30, a native and citizen of Russia, was charged with allegedly failing to comply with facilitating his departure from the United States after a final order of removal had been issued.
If convicted, Sergey Ryzhenkov faces up to four years imprisonment.
The case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
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
Tuesday 14 January 2014
Windsor and Bellows Falls Men Sentenced for Trading Handguns to Frank Caraballo for DrugsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that two men who separately traded different handguns to convicted drug dealer Frank Caraballo, of Holyoke, Massachusetts were recently sentenced by Chief Judge Reiss of the United States District Court in Rutland.
Chief Judge Reiss sentenced Robert Cappiallo, 29, of Windsor, Vermont, to 52 months in prison to be followed by two years of supervised release. Judge Reiss previously sentenced Thomas Parrott, 33, of Bellows Falls, Vermont, to 58 months in prison to be followed by three years of supervised release.
According to court records, including testimony in the trial of United States v. Frank Caraballo, in July 2011, a few weeks before Caraballo caused the murder of Melissa Barratt on July 28, 2011 in Dummerston, Vermont, Parrott traded a Glock 9mm handgun to Caraballo for several grams of crack cocaine. This trade occurred late one evening in the Hannaford’s parking lot in Brattleboro, Vermont. According to the forensic evidence introduced at Caraballo’s trial, a Glock 9mm was used to murder Barratt.
According to court records, including testimony in the trial of United States v. Frank Caraballo, in early July 2011, Cappiallo stole a Desert Eagle .357 handgun from his brother-in-law in Windsor, Vermont. Cappiallo later traded this firearm in Ludlow, Vermont to Caraballo to pay off a drug debt for heroin and crack cocaine and to obtain additional drugs. This firearm was never recovered.
In the past few years, the United States Attorney’s Office has prosecuted several other individuals who obtained handguns for drug dealers, including drug addicts who traded such firearms for drugs, as well as the drug dealers who obtained such firearms. These firearms are often used to commit additional crimes. For example, in United States v. Jewel Hurt, a handgun (Cobra .380 pistol) traded to Jewel Hurt in Rutland by a drug addict for a few grams of crack cocaine in 2010 was later stolen from Hurt by Lamont James (aka “Supreme”) in an armed home invasion in Rutland. On October 28, 2010, in the Stewart’s parking lot in Rutland, James displayed this firearm in a threatening manner and was fatally shot by a Vermont State Trooper. Jewel Hurt was sentenced to 100 months imprisonment by United States District Court Judge J. Garvan Murtha.
In another gun-for-drug trade, pertaining to the cases of United States v. Gregory Gosselin, and United States v. Michael Norrie, Norrie traded a .22 handgun he stole from his father in Sheffield, Vermont, to Greg Gosselin for marijuana and money. Soon afterwards, on October 19, 2009, Gosselin and Scott Tobyne used this handgun to rob a young female McDonald’s employee in Lyndonville,Vermont who was making a night deposit at a Lyndonville bank. Judge Reiss sentenced Gosselin to 49 months imprisonment, Norrie to 56 months imprisonment, and Tobyne to 39 months imprisonment.
United States Attorney Tristram Coffin stated that: “these cases tragically illustrate that firearms conveyed to drug dealers are often used to commit violent crimes. These cases also show that it is unlikely that firearms illegally traded to drug dealers are used for lawful sporting purposes. The United States Attorney’s Office, with our partners at the Bureau of Alcohol, Tobacco, Firearms and Explosives, will continue to vigorously prosecute those who trade guns for drugs, purchase guns for drug dealers, or otherwise unlawfully put firearms in the hands of criminals.”
The Parrott and Cappiallo cases were jointly investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Vermont State Police, and the Vermont Drug Task Force. The United States is represented in these cases by Assistant U.S. Attorneys Paul Van de Graaf and Joe Perella. Robert Cappiallo is represented by Jordana Levine of White River Junction. Thomas Parrott is represented by Thomas Sherrer of Burlington
Williamston Felon Sentenced for Possessing A FirearmRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today Chief United States District Judge James C. Dever III sentenced TERRANCE DISHON DANIELS, 21,of Williamston, North Carolina, to 57 months in prison followed by 3 years of supervised released for possessing a firearm after having been convicted of a felony. DANIELS previously pled guilty to this charges on September 30, 2013.
DANIELS was arrested on December 18, 2012, by the Williamston Police Department after DANIELS fired several shots from a .38 caliber revolver while sitting in a car parked on Middle Street in Williamston. The investigation revealed that DANIELS and another person were trespassing through the backyards of residences on West Main Street. After several residents told DANIELS and the other person to leave their yard, DANIELS and the other person ran to a Ford Taurus parked on Middle Street. DANIELS fired several shots after entering the car. Officers from the Williamston Police Department, the Martin County Sheriff’s Office and the North Carolina Highway Patrol found DANIELS in Holly Ridge Mobile Home Park after DANIELS exited the Taurus. The firearm fired by DANIELS, a Tiger Titan .38 caliber revolver, was found on the ground near the Taurus. DANIELS was prohibited from possessing a firearm by virtue of his prior felonious assault conviction.The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Williamston Police Department. The federal prosecution was handled by Special Assistant United States Attorney Glenn Perry. Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office. Pitt County District Attorney Kimberly Robb has assigned Mr. Perry to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters. Mr. Perry’s assignment to the United States Attorney’s Office has been made possible by grants funded by the Governor’s Crime Commission.
Webb City Woman Sentenced for Embezzling $114,000 from her EmployerRead the Press Release
SPRINGFIEFLD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Webb City, Mo., woman was sentenced in federal court today for embezzling more than $114,000 from her employer.
Roxanna Sue Rindom, 47, of Webb City, was sentenced by U.S. District Judge Beth Phillips to 18 months in federal prison without parole. The court also ordered Rindom to pay $114,814 in restitution.
On Sept. 4, 2013, Rindom pleaded guilty to two counts of bank fraud and one count of credit card fraud.
Rindom, who was employed by Neal Group Construction, LLC, in Joplin, Mo., admitted that she forged 68 checks on her employer’s bank account that were made payable to herself. In order to conceal the forgeries, Rindom made fictitious entries into the company’s accounting system, QuickBooks. The majority of the entries are written as fictitious company-related expenditures. Rindom also designated on some of the checks that it was a payroll check for a certain pay period, when in fact it was not a lawful payroll check.
Rindom also admitted that she made 174 unauthorized purchases on the company’s credit card. In addition, Rindom made five unauthorized alterations to the direct deposits made to her bank account. There were also several unauthorized purchases made by Rindom on the Neal Group Construction’s account at the Lowe’s store in Joplin.
Rindom’s criminal conduct was discovered on May 23, 2012, when she attempted to make an unauthorized $2,179 wire transfer from her employer’s bank account to pay her daughter’s student loan payment. This attempted theft prompted the company to conduct a detailed audit of the checking account. The loss for Rindom’s criminal conduct totals $114,814.
This case was prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the FBI.Vendor Admits to Conspiring to Pay Bribes of $40,000 to NJ Transit EmployeesRead the Press Release
NEWARK, N.J. – A vendor admitted today to conspiring to pay bribes of approximately $40,000 to NJ Transit employees to obtain snow removal contracts, U.S. Attorney Paul J. Fishman announced.
Edward O’Neill, 53, of Toms River, N.J., pleaded guilty to an information charging him with one count of conspiracy to commit bribery. O’Neill entered his guilty plea before U.S. District Judge William H. Walls in Newark federal court.
According to documents in this case and a related case and statements made in court:
O’Neill was the president of PPW Contracting Inc. (PPW), which provided professional powerwashing and snow removal services for NJ Transit, an agency that received more than $10,000 in federal funds. Thomas Braden, 55, also of Toms River, worked at PPW as its vice president and secretary.
From September 2011 to March 2012, O’Neill and Braden agreed to give, and gave, a cooperating witness (the “CW”) who was an NJ Transit employee, approximately $20,000 in exchange for the CW’s assistance with securing the 2011-2012 snow removal contract for the Trenton, N.J., train station. From September 2012 to April 2013, O’Neill and Braden agreed to give the CW another $20,000, $8,000 of which was to go to an NJ Transit supervisor, in exchange for their assistance with securing the 2012-2013 snow removal contract.
On Dec. 28, 2013, Braden pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to an information charging him with one count of bribery.
The conspiracy to commit bribery charge to which O’Neill pleaded guilty is punishable by a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing for O’Neill is scheduled for April 22, 2014. The bribery charge to which Braden pleaded guilty is punishable by a maximum potential penalty of 10 years in prison and a $250,000 fine. Braden is scheduled to be sentenced on March 25, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; and the N.J. State Police, under the direction of Col. Joseph R. Fuentes, Superintendent, for the investigation leading to today’s guilty plea. He also thanked the N.J. Attorney General’s Office under the direction of Attorney General John Hoffman and Elie Honig, director of the N.J. Division of Criminal Justice, for their roles in the investigation.
The government is represented by Assistant U.S. Attorney Amy Luria of the U.S. Attorney’s Office Special Prosecutions Division in Newark, and Special Assistant U.S. Attorney Michael A. Monahan, the chief of the Financial and Computer Crimes Bureau, Division of Criminal Justice, in the N.J. Office of the Attorney General.13-014
Defense counsel: Robert L. Galantucci Esq., Hackensack, N.J.
O'Neill, Edward Information
Braden, Thomas InformationUnited States Supreme Court Holds Oral Argument in Criminal Firearms Case from West TennesseeRead the Press Release
Memphis, TN – On Wednesday morning, the United States Supreme Court will hear oral argument in United States v. Castleman, a federal criminal case originating in the Western District of Tennessee, announced U.S. Attorney Edward L. Stanton III.
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 allegedly 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 is 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 case has important implications for federal prosecutions of domestic abusers who arm themselves with firearms.
Assistant U.S. Attorney Daniel French and Criminal Appellate Chief Kevin G. Ritz represented the United States during the proceedings in the lower courts. The Office of the Solicitor General is representing the government in the Supreme Court. Arguing for the United States is Assistant to the Solicitor General Melissa Arbus Sherry. A decision in the case is expected before the end of June.USP Hazelton Inmates Enter Pleas and Are SentencedRead the Press Release
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(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Judge Irene M. Keeley.
VICENTE CHAVEZ, age 34, JOSE RODRIGUEZ-ZAVALA, age 39, ANDRES TORALES-MEDINA, age 31, and LUIS ALBERTO GARCIA, age 33, entered pleas of guilty to “Assault with a Dangerous Weapon with Intent to Do Bodily Harm.” CHAVEZ, RODRIGUEZ-ZAVALA, TORALES-MEDINA and GARCIA, who are members of the Surenos gang, participated in an assault on members of MS-13 gang. CHAVEZ was sentenced to 12 months in prison to run consecutive to his current 216-month sentence; RODRIGUEZ-ZAVALA was sentenced to 12 months in prison to run consecutive to his current 86-month sentence; and, TORALES-MEDINA was sentenced to 12 months in prison to run consecutive to his current 33-month sentence. GARCIA will be sentenced at a later date.
RYAN FIELDS, age 37, entered a plea of guilty to “Possession of a Prohibited Object” when staff found a homemade weapon or shank in FIELDS’ pants pocket. FIELDS was sentenced to 12 months in person to run consecutive with his current 540-month sentence.
MAKISHEA BOBBI WILLS, age 32, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to Do Bodily Harm.” WILLS was sentenced to 15 months in prison to run consecutive with her current 210-month sentence.
These cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at USP Hazelton.
U.S. Attorney’s Office in the Middle District of Alabama Collects over $2.4 Million in Civil and Criminal Actions in 2013Read the Press Release
Montgomery, Alabama - U.S. Attorney George L. Beck, Jr. announced today that the Middle District of Alabama collected over $2.4 million in criminal and civil actions in Fiscal Year 2013. Of this amount, $2,332,163 was collected in criminal actions and $69,688 was collected in civil actions.
Additionally, Middle District of Alabama worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $150,753 in criminal actions pursued jointly with these offices.
Attorney General Eric Holder announced on Thursday that the Justice Department collected $8 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the American people,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“During this time of hard economic times, these collections are more important than ever,” said U.S. Attorney Beck. “The U.S. Attorney’s Office is dedicated to protecting the public and recovering funds for victims of crime as well as for the federal treasury. We will continue to hold accountable, both civilly and criminally, those who seek to make money from illegal activities.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617U.S. Attorney's Office Prosecutes Record Number of Sex Trafficking Cases in 2013Read the Press Release
Portland, Ore. — U.S. Attorney Amanda Marshall announced today that the U.S. Attorney’s Office for the District of Oregon prosecuted a record number of sex trafficking defendants in 2013. In 2012, the U.S. Attorney’s Office created the “Gang and Sex Trafficking Unit” which included additional prosecutorial resources to fight sex trafficking in Oregon. The following year, the office filed thirteen federal indictments, more than triple the number of sex trafficking indictments filed in any prior year. The past year, 2013, fourteen defendants were charged with federal sex trafficking crimes in the District of Oregon. In addition, thirteen defendants were convicted or sentenced in the district for sex trafficking crimes in 2013, also a record.
"Every day traffickers are recruiting our teenage girls in shopping malls, on public transportation, and on the street, and every night these children are being raped by johns in hotel rooms across Oregon,” said U.S. Attorney S. Amanda Marshall. “This is modern day slavery, and we will not rest until every victim is rescued, and every trafficker sent to prison.”
Most of the new federal cases involved the sex trafficking of children, ranging in age from 13 to 17. Others involved the sex trafficking of young adult women through force, fraud, or coercion. Three of the charged sex traffickers were women. For the first time in this district, the federal grand jury also charged a consumer of a sex trafficked child, commonly referred to as a “john,” under the federal sex trafficking laws.
All of the trafficked victims in these new cases were local girls or young women, living in Oregon or Washington at the time of recruitment.
Under federal law, the mandatory minimum sentence for a defendant convicted of sex trafficking a child (aged 14-17 years old) is ten years in prison, or fifteen years in prison if the child is less than 14 years old. The mandatory minimum sentence for a defendant convicted of sex trafficking through force, fraud, or coercion, is also fifteen years in prison. The statutory maximum sentence for these crimes is life imprisonment.
The United States Attorney’s Office works closely with the Federal Bureau of Investigation’s (FBI) Child Exploitation Task Force (CETF) to combat the commercial sexual exploitation of children in the district. The CETF marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children through sex trafficking, as well as to identify and rescue victims. The CETF partners with local law enforcement agencies, to include the Portland Police Bureau, Tigard Police Department, Beaverton Police Department, and Vancouver Police Department.
Two Newark, N.J. Men to Appear in Federal Court, Charged with Armed CarjackingsRead the Press Release
NEWARK, N.J. – Two Essex County, N.J., men arrested in connection with two gunpoint carjackings and an attempted carjacking in December 2012 are expected to make their initial appearances today in Newark federal court, U.S. Attorney Paul J. Fishman announced.
Jamie Manning, 28, and Corey Thermitus, 21, both of Newark, are each charged in a superseding complaint with one count of conspiracy to commit theft of a motor vehicle by force, violence and intimidation (carjacking); two counts of carjacking; and one count of attempted carjacking. Additionally, Thermitus is charged with one count of discharging of a firearm in furtherance of a crime of violence, and Manning is charged with one count of brandishing a firearm in furtherance of a crime of violence. Manning and Thermitus are scheduled to appear this afternoonbefore U.S. Magistrate Judge Joseph A. Dickson.
Manning was arrested on Jan. 5, 2013, and has been in custody in Essex County since that time; he was taken into federal custody today to face these charges. Thermitus has been in custody since his arrest by Newark police officers on Dec. 29, 2012, and was previously charged by federal complaint with offenses related to a carjacking he allegedly committed the previous day. A superseding complaint charging both men was recently filed in Newark federal court.
According to documents filed in this case and statements made in court:
During the early morning hours of Dec. 26, 2012, Manning and Thermitus approached two individuals entering a parked 2002, four-door Nissan Altima on a street in Newark. Manning pointed a firearm at one of the victims and both Manning and Thermitus ordered the victims to get out of the car. After robbing and threatening the victims, Manning and Thermitus fled the area in the carjacked vehicle.
On Dec. 28, 2012, Thermitus approached an individual sitting in a 2011, four-door Honda Accord that was parked in the driveway of a home in Newark. Thermitus pointed a firearm at the victim and ordered the victim to get out of the car. After threatening to shoot the victim, Thermitus, Manning and another man fled the area in the victim’s car.
Later that night, Thermitus, Manning and a third man drove in the carjacked Honda Accord to a residential area in Newark. Thermitus and Manning approached two individuals, one of whom was a young child, who were sitting in a parked 2006, four-door Nissan Pathfinder in the driveway of a residence. Thermitus pointed a gun at the driver of the vehicle while Manning approached the rear passenger side of the vehicle, but the driver managed to escape in the car. As the assailants fled in the Honda Accord, Thermitus fired a gun in the direction of an individual who had come outside of a residence to investigate.
The conspiracy count carries a maximum potential penalty of five years in prison. The carjacking and attempted carjacking counts each carry a maximum potential penalty of 15 years in prison. The charge of brandishing a firearm in furtherance of a crime of violence carries a maximum potential penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other prison term. The charge of discharging a firearm in furtherance of a crime of violence carries maximum potential penalty of life in prison and a mandatory minimum sentence of 10 years in prison, which must run consecutively to any other prison term. Each count also carries a maximum $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Carolyn A. Murray; and the Newark Police Department, under the leadership of Director Samuel A. DeMaio and Chief Sheilah A. Coley with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Dara Aquila Govan of the Organized Crime/Gangs Unit in Newark.
The charges and allegations contained in the superseding complaint are merely accusations and the defendants are considered innocent unless and until proven guilty.
14-021Defense counsel:
Corey Thermitus: Assistant Federal Public Defender Peter Carter, Newark
Jamie Manning: Frank Arleo Esq., West Orange, N.J..Thermitus, Corey and Manning, Jamie Superseding Complaint
Two Joplin Men Sentenced for Disaster Fraud Related to Tornado BenefitsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Joplin, Mo., men have been sentenced in federal court, in separate and unrelated cases, for fraudulently receiving federal disaster benefits following the May 22, 2011 tornado.
Andy Eric Brownlee, 32, and Leslie Lynn Williams, 54, both of Joplin, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes on Monday, Jan. 13, 2014. Brownlee and Williams were each sentenced to two years in federal prison without parole. The court also ordered Brownlee to pay $2,750 in restitution and ordered Williams to pay $1,196 in restitution.
On Aug. 5, 2013, Brownlee pleaded guilty to making materially fraudulent statements and representations to FEMA in connection with his application for disaster assistance. Brownlee completed a FEMA application for disaster assistance on May 26, 2011, claiming that his Joplin residence had been damaged by the tornado. Brownlee received a payment of $2,750. However, Brownlee admitted that the address he used in his FEMA application was actually the address of the Lazarus Ministries Halfway house, which was not his residence at the time of the tornado. Brownlee previously resided there, but moved out prior to the tornado.
Williams pleaded guilty on March 8, 2013, to making materially fraudulent statements and representations to FEMA in connection with his application for disaster assistance. Williams admitted that when he filed for disaster relief on May 27, 2011, he listed a Joplin address as his primary residence and claimed that it had been damaged by the tornado. FEMA authorized a $1,196 payment to Williams. Williams admitted, however, that he was not living at that address at the time of the tornado, but had moved out in February 2011.
These cases were prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. They were investigated by the U.S. Department Homeland Security, Office of the Inspector General (DHS-OIG), the FBI and the Joplin, Mo., Police Department.
Disaster Fraud Hotline
Anyone with information about disaster fraud related to the Joplin tornado should call the National Center for Disaster Fraud hotline at 866-720-5721, the Joplin Police Department at 417-623-3131, or the FBI’s Joplin office at 417-206-5700.Two Idaho Falls Men Sentenced for Violating Federal Drug LawsRead the Press Release
POCATELLO – Saul Arellano-Alvarado, 41, and Jaime Meza-Gonzalez, 47, both of Idaho Falls, were sentenced today in United States District Court in Pocatello on charges related to methamphetamine trafficking, announced U.S. Attorney Wendy J. Olson. Arellano-Alvarado was sentenced to 70 months in prison followed by four years of supervised release for distributing five grams or more of methamphetamine. Meza-Gonzalez was sentenced to 12 months in prison followed by three years of supervised release for possession with intent to distribute methamphetamine, aiding and abetting. Both appeared before Judge N. Randy Smith of the Ninth Circuit Court of Appeals, sitting by special designation as a district court judge.
Arellano-Alvarado and Meza-Gonzalez pleaded guilty to the charges on September 25, 2013. According to the plea agreements, on November 16, 2010, an individual contacted Meza-Gonzalez for the purpose of purchasing methamphetamine. Meza-Gonzalez directed the individual to Arellano-Alvarado. The next day Arellano-Alvarado made arrangements to distribute methamphetamine to the individual at a parking lot in Idaho Falls, and subsequently sold the person in excess of five grams of methamphetamine.
The third defendant, Roberto Carlos Camarena, 25, of Sugar City, Idaho, is a fugitive. A warrant has been issued for his arrest.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Federal Bureau of Investigation (FBI), Idaho State Police, Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Twenty from Akron Indicted in Heroin Case, Including One for Providing Heroin That Resulted in Fatal OverdoseRead the Press Release
Twenty people were indicted for their roles in a conspiracy that brought heroin and other drugs to Akron and an Akron was charged with providing heroin that resulted in an overdose death, law enforcement officials announced today.
The indictment includes a death specification enhancement against Garland V. Phelps, Jr. The indictment alleges that a person fatally overdosed on Dec. 25, 2012, on heroin distributed by Phelps.
Eighteen Akron residents were charged with conspiracy to possess with intent to distribute heroin. Two other people, also of Akron, were indicted on related charges.
The indictment describes a conspiracy that took place from 2011 through 2014, in which heroin was brought to Akron from Atlanta, Chicago and other cities. It also details discussions between some conspirators about shooting, robbing and killing rival drug dealers and discussions about killing people they suspected of being informants to law enforcement.
“These defendants profited off people’s addictions, and in one case directly contributed to an overdose death,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “We will continue to aggressive prosecute heroin dealers while working with medical and treatment professionals in an effort to thwart this epidemic.”
U.S. Drug Enforcement Administration Acting Special Agent in Charge James Van Allen stated: “Heroin use has become one of the largest drug abuse problems in Ohio and across the United States. This joint operation is a clear demonstration of the ongoing commitment the law enforcement community throughout Northeast Ohio has on working together to fully investigate those individuals and drug trafficking organizations that choose to endanger our community by trafficking in heroin and other illegal drugs.”
“This is an example of the fine working relationship between law enforcement in Summit County and out continued attack on drug trafficking,” said Akron Police Chief James Nice.
Summit County Sheriff Steve Barry stated, “This successful operation was made possible by the collaboration between federal, state, and local law enforcement. We will continue investigating and dismantling this drug operation with our law enforcement partners.”
The following individuals were indicted:
Name
Age
Garland V. Phelps Jr., aka “Felix”
36
33
Willie L. Sanders Jr.
27
Larry P. Dorsey
27
James M. Porter
24
Larry L. Sullivan Jr.
42
Brian A. Proctor
35
Cortez L. Davis
28
Matt E. Shocklee
56
Aaron S. Farrey
31
Garland J. Thompson, aka “Chill”
27
Antonio V. Dorman
24
Tramontay D. McWain
27
Jermaine D. Freeman
41
Antonia D. Easter
24
William D. Robinson
27
Denay M. Webb
29
Michaelas F. King
35
Quinntin R. Chatman
35
Marcus D. Mitchell
42
All of the defendants, with the exception of Quinntin R. Chatman and Marcus D. Mitchell, are charged in Count 1 with conspiracy to distribute and to possess with the intent to distribute heroin.
In Counts 2-17, various defendants are charged with substantive distributions of heroin, methamphetamine, cocaine and crack cocaine.
Phelps obtained multi-ounce and larger quantities of heroin from various suppliers, including Sykes, Sanders and a person identified only as Conspirator 1. Phelps, Sykes and Sanders distributed the heroin to various dealers, including Dorsey, Porter, Sullivan, Proctor, Davis, Shocklee, Thompson, Dorman, McWain, Easter, Robinson and King, according to the indictment.
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.
The investigation was conducted under the U.S. Attorney’s Organized Crime Drug Enforcement Task Force, which is part of a national program that seeks to identify, investigate and prosecute significant drug trafficking enterprises by utilizing multiple investigative and prosecuted resources.
This case is being prosecuted by Assistant U.S. Attorneys Samuel A. Yannucci and Teresa Dirksen following an investigation was by the Drug Enforcement Administration, in partnership with the Akron/Summit County High Intensity Drug Trafficking Area initiative, the Federal Bureau of Investigation Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Summit County Drug Unit is comprised of members from the Summit County Sheriff’s Office, New Franklin Police Department, Stow Police Department, Copley Police Department, Cuyahoga Falls Police Department, Akron Police Department, FBI, DEA, Reminderville Police Department, Springfield Police Department, University of Akron Police Department, and the Barberton Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Togiak Area Man Sentenced to Prison for Wasting Walrus, Illegally Transporting Tusks and Firearms ViolationsRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that Togiak area resident Jessie Anariak, age 50, was sentenced by the Hon. Sharon L. Gleason, United States District Court Judge, to a term of 15 months imprisonment for his actions arising from the illegal take of a walrus on Round Island in May, 2011.
Anariak, along with codefendant Sixty Arkanakyak, was indicted in December, 2012. The indictment alleged that on May 9, 2011, Anariak and Arkanakyak, departed from the village of Togiak, Alaska in a Lund skiff. After leaving Togiak, the men are alleged to have motored to and beached the skiff on Round Island, an island located within the Walrus Islands State Game Sanctuary and accessible to the public only by permit. In December, 2012, Arkanakyak plead guilty to the illegal taking of a walrus from Round Island, as well as being a felon in possession of a firearm. He was later sentenced in August, 2013, by the Hon. Sharon L. Gleason to a term of 30 months imprisonment.
The U.S. Fish and Wildlife Service Office of Law Enforcement, and Refuge Law Enforcement investigated this case with the assistance of the Alaska Wildlife Troopers.
The indictment alleges that while on the beach, Arkanakyak and Anariak approached a herd of walrus which were hauled out on the beach. Both men, armed with .12 gauge shotguns, began shooting walrus and wounded approximately five. The herd stampeded and four wounded walrus escaped into the sea. Arkanakyak and Anariak then corralled one walrus against a cliff on the beach and shot it in the head with their shotguns until it died. The men then hacked the tusks off the walrus’s skull and returned to their skiff without taking any of the meat or anything else from the killed walrus. Arkanakyak and Anariak then departed Round Island, taking the tusks with them and leaving the walrus on the beach to waste in violation of the Lacey Act, the Marine Mammal Protection Act and the Conspiracy statute. At sentencing, Anariak received credit for time already served in federal and state custody, which amounted to over a year.Three Sentenced in Vast Oxycodone ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On Jan. 13, 2014, Jason Curtis Jones, 36, of Elizabethton, Tenn., was sentenced to serve 78 months in prison; Michael Lelon Sharp, 50, of Blountville, Tenn., was sentenced to serve 72 months in prison; and Donnie Ray Horne, 55, of Kingsport, Tenn., was sentenced to serve 71 months in prison by the Honorable J. Ronnie Greer, U.S. District Court Judge, for their participation in an oxycodone conspiracy centered in and around the Sullivan County area.
A total of 17 individuals, including the three sentenced today, were indicted for their roles in this oxycodone trafficking conspiracy. Many of the pills were obtained from Michigan, Florida and Georgia and transported back to the Eastern District of Tennessee for resale. Jones and Sharp stipulated that they conspired to distribute at least 6,544 and 4,300 oxycodone pills respectively in the Eastern District of Tennessee. Horne was also convicted of engaging in a money laundering conspiracy used to further the oxycodone trafficking. Horne assisted his son, Devin Horne, 24, of Blountville, Tenn., who was also indicted, in collecting drug debts, selling oxycodone, wiring money to drug suppliers in Michigan and smuggling drugs into jail. Devin Horne is scheduled to be sentenced in April 2014.
Law enforcement agencies participating in the investigation which led to the indictment and subsequent convictions of Jones, Sharp and Horne include the Bureau of Alcohol, Tobacco and Firearms, Sullivan County Sheriff’s Office, Kingsport Police Department, Bristol Tennessee Police Department and Elizabethton Police Department, all of which provided invaluable assistance during the course of the investigation. Assistant U.S. Attorney Wayne Taylor represented the United States.
U.S. Attorney William C. Killian stated, “We are pleased with the sentences in these case and believe they reflects the seriousness of the crimes committed.”
Texas Mexican Mafia General Heads to Federal Prison for Nearly 13 YearsRead the Press Release
HOUSTON - Eric Gomez aka Valla, a general in the Texas Mexican Mafia prison gang, has been ordered to prison for his role in the distribution of heroin, announced United States Attorney Kenneth Magidson. Gomez, 37, of San Antonio, pleaded guilty Sept. 11, 2013.
Gomez was charged along with 25 members or associates of the notorious Texas Mexican Mafia (TMM) prison gang with trafficking in heroin, cocaine and methamphetamine as well as firearms violations, distributing explosive materials and violent crimes in aid of racketeering in October 2012. Court records showed the TMM gang made money by trafficking heroin, cocaine and methamphetamine and by selling firearms.
Today, U.S. District Judge Nancy Atlas, who accepted the guilty plea, handed Gomez a sentence of 151 months in federal prison. In handing down the sentence, Judge Atlas noted that the heroin quantity was as significant as any case in her 18 years on the bench.
The TMM formed in the early 1980s in the Texas Department of Criminal Justice. During a four-year-period from 2008 through October 2012, the TMM procured illegal drugs and distributed the drugs to numerous associates involved in drug trafficking in order to carry out the business of the gang. Gang members also sold numerous assault rifles and other guns to FBI sources as well as detonation cord. Gomez himself facilitated the sale of 5.5 kilograms of heroin to a FBI confidential source from December 2011 - January 2013.
In addition to Gomez, 22 others have also pleaded guilty in the case to date. Among those include Houston residents Robert Arechiga, 35, Francisco Galvan, 47, Alexander Garcia, 41, George Maldonado, 46, Carlos Romero, 32, and Juan Sarmientos, 46. Also convicted include Valentin Ayala-Gutierrez, 52, Gilbert Gonzalez, 43, Jose Cerda, 27, and Enrique Bravo, 39, all of San Antonio; Ruben Esparza, 36, of Robstown; Jorge Montemayor, 37, and Michael Villarreal, 33, both of Baytown; Alvin Valadez, 43, of Seguin; and Ernesto Villarreal, 36, of Corpus Christi. Also pleading guilty were Juan Deluna, 43, Adam Guzman, 45, Jorge Montemayor, 37, Johnny Reyes, 52, Ricardo Sanchez, 34, Tony Valdez, 38, and Armando Villarreal III, 25.
Gomez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future
The case was investigated by the FBI with assistance from Texas Department of Public Safety, Texas Department of Criminal Justice-Office of Inspector General, Harris County Sheriff’s Office, police departments in Baytown and Houston and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Tim S. Braley and Mark Donnelly are prosecuting.
Texas Businessman Pleads Guilty to Federal Charge in Nearly $1.7 Million Fraud Scheme-Defendant Kept Proceeds of Business Loan for Personal Benefit-Read the Press Release
WASHINGTON – Arnold Rojas Rivas, 46, a businessman from San Antonio, Texas, pled guilty today to a federal charge stemming from a scheme in which he defrauded a federal agency and a private company of nearly $1.7 million, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director of the FBI’s Washington Field Office.
Rojas pled guilty in the U.S. District Court for the District of Columbia to wire fraud. The Honorable Robert L. Wilkins scheduled sentencing for May 14, 2014. Under federal sentencing guidelines, he faces a likely range of 33 to 41 months of incarceration as well as a fine of up to $75,000. Under the plea agreement, he also must pay restitution. Finally, he is subject to an additional forfeiture money judgment in the amount of at least $1,655,925.
According to the government’s evidence, Rojas was the director of Corporativo Papelero y De Suministros Basicos, S.A. DE C.V. (COPASBA), a company based in Mexico that produced toilet paper and napkins for the Mexican market by converting large rolls of raw paper into final products. The company applied for, and obtained, access to a $10 million credit facility from a finance company based in Hartford, Conn. At the time that COPASBA applied for the credit facility, it was the fifth biggest producer of toilet paper and napkins in Mexico. Funds borrowed from this credit facility were supposed to be used to build a warehouse to house COPASBA’s product and to assist with the company’s general operations.
The credit facility was guaranteed by the Overseas Private Investment Corporation (OPIC), an agency of the U.S. government which has as one of its missions providing insurance, guarantees, financing, and reinsurance for projects in less developed countries and areas. Under the terms of the guarantee agreement, OPIC guaranteed 97.5% of any losses.
In order to obtain access to the funds, Rojas had to submit requests explaining how COPASBA would use the funds, and these requests required Rojas to make a number of representations about COPASBA’s financial condition. In mid-2006, COPASBA requested and received more than $6 million from the facility. In the months after receiving the last of these funds, COPASBA’s position weakened significantly: the company’s cash-on-hand plummeted, workers went on strike, and suppliers began refusing to do business with the company. The company’s condition became so bad during this time that Rojas ordered workers to disassemble the machines the company used to make its paper goods so the machines could be sold. By June 2007, COPASBA had essentially ceased functioning as a company.
Nevertheless, Rojas requested another disbursement of over $1.8 million for COPASBA, failing, in violation of the credit agreement, to inform the finance company or OPIC of the many problems the company had encountered. Unaware of the fact that COPASBA had ceased functioning, the finance company released over $1.8 million from the credit facility to COPASBA. Within moments of COPASBA receiving the funds, Rojas transferred nearly $1.7 million to his personal account. He used these funds for his and his family’s personal benefit.
In announcing the plea, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, Lenisse Edloe, and Shanna Hays; former Assistant U.S. Attorney Matthew C. Solomon, who investigated the matter, and Assistant U.S. Attorney Diane Lucas, who handled forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Matt Graves and former Acting Deputy Chief Glenn S. Leon and former Trial Attorney Mary Ann McCarthy of the Department of Justice’s Fraud Section, who investigated and prosecuted the matter.
14-010Statement Regarding the Death of Brandon ColemanRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, released the following statement today:
“In October 2013, the United States Attorney’s Office opened a preliminary inquiry regarding the death of Brandon Coleman, who was fatally shot last May. The inquiry was opened at the request of the NAACP following the declination of criminal prosecution by the Boone County, Mo., Prosecuting Attorney. The FBI, the U.S. Attorney’s Office and the Department of Justice's Civil Rights Division have thoroughly examined the evidence to determine whether a federally prosecutable criminal civil rights violation or other federal criminal offense occurred. The preliminary inquiry is now closed and no further federal action is warranted. No criminal charges have been filed and no federal civil action will be pursued.
“It is the policy of the Department of Justice that we shall not respond to questions about the status or existence of an investigation. However, due to the substantial publicity received by the allegations in this case, and in light of the fact that the request for our office to investigate became a matter of public concern, I have determined that this release of information is in the public's interest.
“This is in accordance with the United States Attorneys Manual, Section 1-7.530, Disclosure of Information Concerning Ongoing Investigations: ‘In matters that have already received substantial publicity, or about which the community needs to be reassured that the appropriate law enforcement agency is investigating the incident, or where release of information is necessary to protect the public interest, safety, or welfare, comments about or confirmation of an ongoing investigation may need to be made.’
“No additional comment will be made regarding this issue.”
South Portland Man Sentenced to over Thirteen Years for Armed Robbery ChargesRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced today
Joseph Morrill, 24, of South Portland, Maine was sentenced yesterday in U.S. District Court by
Judge D. Brock Hornby to 161 months in prison and five years of supervised release for federal
armed robbery and federal firearms offenses. Morrill pleaded guilty to the charges on August
19, 2013.
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, Maine on September 21, 2012. On
April 17, 2013, Morrill, who was driven by Michael Platts, used the stolen pistol to steal
approximately $182 in cash during a robbery of the Cumberland Farms store located on Cottage
Road in South Portland, a business engaged in interstate commerce.
On April 22, 2013, Morrill used the same pistol to steal approximately $5,612 during a
robbery of the TDBank on Market Street in South Portland. On June 14, 2013, the execution of a
federal search warrant at a Broadway residence in South Portland resulted in the stolen handgun
being recovered.
Seven years of Morrill’s sentence was imposed as a consecutive mandatory minimum for
his use and carrying the stolen pistol during and in relation to the TD Bank robbery, a crime of
violence. Following his incarceration, Morrill will be on federal supervised release for five
years.The investigation was conducted by the South Portland Police Department and the
Federal Bureau of Investigation.Sioux Falls Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession of Child Pornography was sentenced on January 9, 2014, by U.S. District Judge Karen E. Schreier.
Maksim Mehiolvich Stefanyuk, age 22, was sentenced to 24 months in custody, to be followed by 5 years of supervised release.
Stefanyuk was indicted for possessing child pornography by a federal grand jury on October 4, 2011. He pled guilty on October 23, 2013.
On April 28, 2011, law enforcement officers with the Internet Crimes Against Children Task Force executed a search warrant at Stefanyuk’s residence in Sioux Falls. Officers seized Stefanyuk’s computer. When it was examined, images of child pornography were discovered that had been downloaded from the internet using a file-sharing program. Stefanyuk admitted knowing that he possessed the images on his personal laptop computer.
This case was investigated by the Minnehaha County Sheriff’s Department, the Sioux Falls Police Department, the Internet Crimes Against Children Task Force, and the U.S. Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stefanyuk was immediately turned over to the custody of the U.S. Marshals Service.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Second Conspirator Pleads Guilty in Bank Fraud SchemesRead the Press Release
Stole Checks from Mailboxes
Greenbelt, Maryland –Paul Essel, age 26, of Laurel, Maryland, pleaded guilty today to conspiring to commit bank fraud, bank fraud and aggravated identity theft in connection with two bank fraud schemes.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury Office of Inspector General; and Special Agent in Charge Kathy A. Michalko of the United States Secret Service – Washington Field Office.
“Stealing mail to commit identity theft and bank fraud not only jeopardizes people’s trust in the U.S. postal system, it threatens the overall financial health of our communities,” said Postal Inspector in Charge Gary Barksdale, U.S. Postal Inspection Service - Washington Division. “With our partner law enforcement agencies, Postal Inspectors will continue to aggressively investigate these crimes.”
According to his plea, from June 14, 2010 to March 11, 2013, Essel and Nelly Dadson opened bank accounts in their own names and in the names of shell corporations that they controlled. Essel and others used counterfeit checks that resembled convenience checks that had been stolen from mailboxes in Montgomery and Prince George’s Counties. The counterfeit checks contained names, addresses and account information that appeared on the convenience checks. Essel deposited these counterfeit checks into accounts controlled by the conspirators and then withdrew funds from the accounts. Essel also provided checks to Dadson with instructions to deposit these counterfeit checks into accounts that she controlled, withdraw the funds and provide the funds to Essel, for which Essel paid Dadson.In addition, from June 14, 2010 to November 13, 2012, Essel and Dadson conspired to defraud Home Depot. On multiple occasions, a conspirator placed an order by phone with a Home Depot store for flooring in amounts ranging from $2,500 to $8,000, using a stolen credit card number. Within a few days, a conspirator called to cancel the order and supplied a debit card number of a conspirator, including Essel and Dadson, requesting that the refund for the order be placed on the conspirator’s debit card. At Essel’s request, Dadson received 38 credits to her bank accounts totaling approximately $141,159.07, which she then withdrew and provided to Essel. Essel paid Dadson $600 to $800 per transaction. Essel also received at least three credits to his bank accounts totaling approximately $8,902.96, which he withdrew.
The total loss caused by Essel’s conduct is between $400,000 and $1 million, and involved between 10 and 50 victims.
Essel faces a maximum sentence of 30 years in prison and a $1 million fine for the conspiracy and bank fraud, and a mandatory minimum of two years in prison for aggravated identity theft to be imposed consecutive to any other sentence. Essel has agreed to pay forfeiture and restitution of at least $418,435.48. U.S. District Judge Paul W. Grimm scheduled his sentencing for May 13, 2014.
Nelly Dadson, age 23, of Baltimore, previously pleaded guilty to her participation in the schemes and is scheduled to be sentenced on January 24, 2014 at 9:30 a.m. Dadson has agreed to pay forfeiture and restitution of at least $251,745.52.
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 thanked the U.S. Postal Inspection Service, U.S. Department of Treasury – Office of Inspector General and U.S. Secret Service for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorneys Bryan Foreman and Christen A. Sproule, who are prosecuting the case.
San Diego Company Admits to Defrauding Defense Department of MillionsRead the Press Release
United States Attorney Laura E. Duffy announced today that San Diego-based Vector Planning & Services, Inc. (“Vector”) entered into an agreement with the United States Attorney’s Office in which it admits to criminally defrauding the Defense Department, and in which it agrees to pay restitution. Vector, which also has offices in Chantilly, Virginia, entered the agreement this afternoon in federal court in San Diego before U.S. Magistrate Judge William McCurine, Jr.
As part of the agreement, referred to as a deferred prosecution agreement, Vector admitted that its former CEO and majority owner submitted five years’ worth of false cost claims to the Defense Department, resulting in losses to the Defense Department of over $3.6 million.
The case concerns Vector’s accounting practices in connection with certain cost-reimbursement contracts that it held with the Defense Department. Under a cost-reimbursement contract, a contractor is entitled to reimbursement for both its direct allowable costs, such as the cost of labor on that contract, and a prorated portion of its indirect allowable costs, such as the cost of rent for the contractor’s office space. Because indirect costs must be pro-rated across multiple contracts, they cannot be precisely determined until the end of the fiscal year. Accordingly, under a cost-reimbursement contract, a contractor initially submits claims for indirect costs based on “provisional” or estimated rates, and later submits its actual indirect costs to the government for review, reconciliation, and approval. This later submission, known as an “Incurred Cost Submission” or “Incurred Cost Proposal,” reflects what the contractor certifies were its actual allowable costs for the prior fiscal year.
In this case, Vector admits that after claiming and being paid for direct costs in connection with other, firm-fixed-price and time-and-materials contracts, Vector systematically reclassified these same costs in its accounting system to make it appear as if the costs were indirect costs that were incurred in connection with its cost-reimbursement contracts, thereby inflating its indirect cost rates. These inflated rates were then used by Vector to justify the rates claimed in its Incurred Cost Proposals submitted to the Navy. The effect of these fraudulent submissions was, in essence, to pay Vector twice for the same expenses, amounting to “double dipping” or “double billing” at government expense.
Vector admits to submitting these false Incurred Cost Proposals for costs incurred in 2005 through 2009, with a total loss to the Defense Department of $3,672,756. As described in Vector’s agreement, Vector made these false submissions in 2010, 2011, and 2012.
When faced with a Defense Department audit in late 2011, Vector falsified its electronic accounting entries, and prepared and backdated fake invoices in order to support those falsified accounting entries. Vector admits that the direction for the fraud came from its then-CEO, who is now deceased.
As part of the agreement, Vector agrees to make payments in the amount of $6.5 million, which includes restitution to the Defense Department for losses Vector caused. Vector also agrees to maintain a 3 compliance and ethics program. In exchange, the United States Attorney’s Office has agreed to postpone a prosecution for felony false claims against Vector for a period of three years; in the event Vector complies with all the terms of the agreement, the criminal case will be dismissed at the end of that period.
In addition to the criminal deferred prosecution agreement, Vector is entering into a civil settlement with the Civil Division of U.S. Attorney’s Office and the Justice Department’s Civil Division. In all, Vector will pay $6.5 million to resolve its criminal and civil cases. These criminal and civil settlements are the result of a coordinated effort involving, as investigative agencies, the Federal Bureau of Investigation, the Defense Criminal Investigative Service, the Defense Contract Audit Agency, and the Naval Criminal Investigative Service.
U.S. Attorney Laura E. Duffy stated, “Those companies that choose to defraud our nation’s armed services will be found and held accountable.” Duffy praised the close cooperation of the investigative agencies on this case.
FBI Special Agent in Charge, Daphne Hearn, commented, “This case involved several complex fraudulent schemes to defraud the Department of Defense and ultimately American taxpayers. If not for the outstanding investigative efforts by agents and prosecutors in this matter, these schemes would have gone undetected and millions of dollars of taxpayer's dollars wasted. Today's settlement is an example of the FBI's continued commitment to working with our law enforcement partners to ensure our precious tax dollars are protected from waste, fraud and abuse.”
Chris Hendrickson, Special Agent in Charge, Defense Criminal Investigative Service, Western Field Office said, “We are extremely pleased at this outcome, which yet again sends the message that fraud will be vigorously investigated and violators held accountable. Whether it is a complicated manipulation of accounting rules or a straight theft of DoD funds, fraud of this nature harms our national security and erodes public confidence. The Defense Criminal Investigative Service and our law enforcement partners will use all tools available to protect taxpayers' interests.”
DEFENDANT Vector Planning & Services, Inc. SUMMARY OF CHARGESFalse claims, in violation of Title 18, United States Code, Section 287 - Maximum penalties for corporate
INVESTIGATING AGENCY
defendant: Five years of probation, fine, restitution and $400 special assessment.Federal Bureau of Investigation
Defense Criminal Investigative Service
Defense Contract Audit Agency
Naval Criminal Investigative ServiceRochester Man Pleads Guilty to Obstructing Tax LawsRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Cerame, 64, of Fairport, N.Y., pleaded guilty to obstructing the administration of the tax laws, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of three years in prison, a fine of $250,000, or both.
Assistant United States Attorney John J. Field, who is handling the case, stated that Cerame engaged in a decades-long campaign to avoid paying approximately $270,000 federal income taxes, and sought to impede Special Agents of the Internal Revenue Service from performing their duties. Among other acts, the defendant used trusts and aliases to hold assets, concealed income, claimed improper deductions, instructed witnesses to withhold information from the government, and destroyed evidence. After Cerame learned of the government’s criminal investigation, he paid $200,000 of his unpaid tax obligation.
The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Toni M. Weirauch.
Sentencing is scheduled for May 23, 2014 at 2:00 p.m. before Judge Larimer.Removed Alien Charged with Illegally Re-Entering U.S.Read the Press Release
PITTSBURGH - An alien found in Cranberry Township, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of illegal re-entry after deportation, United States Attorney David J. Hickton announced today.
The one-count indictment named Raul Cartagena, 32, of El Salvador, as the sole defendant. According to the indictment presented to the court, Raul Cartagena, an alien, was formally removed from the United States by United States Immigration and Customs Enforcement on July 15, 2011. Raul Cartagena was found to be illegally present in Pittsburgh, Pa., on Dec. 18, 2013.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The U.S. Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rapid City Man Sentenced for Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on January 9, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sheldon LaPointe, age 38, was sentenced to 48 months in custody, 3 years of supervised release, and was ordered to pay $1,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from LaPointe being in possession of a stolen Colt .45 caliber handgun which he was hiding to protect his niece. The niece had stolen the gun on October 19, 2012, at Rapid City.
This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Pittsburgh-area Businessman Sentenced in Fraud SchemeRead the Press Release
PITTSBURGH – The owner of Carnegie-based Victory Security Agency was sentenced today in federal court to three years’ probation and a $30,000 fine payable within 30 days on his conviction of conspiracy, bribery of agent of an organization receiving federal funds and mail fraud, United States Attorney David J. Hickton announced today.
U.S. District Judge Cathy Bissoon imposed the sentence on Arthur J. Bedway, Jr., 64, of Pittsburgh, Pa.
According to the evidence presented to the court at the time Bedway entered a guilty plea on Aug. 6, 2013, Bedway owned Victory Security. In order to obtain a contract with the City of Pittsburgh to install radios and mobile data terminals (MDTs) in City Police vehicles, Bedway created Alpha Outfitters, which he falsely represented to the City as a Women's Business Enterprise. He conspired with a city employee, Christine Ann Kebr and others, to obtain the MDT contract for Alpha Outfitters. Bedway paid Kebr for her assistance in obtaining the MDT contract. Kebr pleaded guilty to a charge on conspiracy on Dec. 6, 2012, and is scheduled to be sentenced on Feb. 11, 2014.
Assistant United States Attorneys Robert S. Cessar and Lee J. Karl are prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and Internal Revenue Service - Criminal Investigation for conducting the investigation that led to the prosecution of Bedway.
Palm Beach County Resident Sentenced for Enticement of A Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Gary Goldberg, 49, of Palm Beach County, was sentenced yesterday to 156 months in prison by U.S. District Judge Kenneth A. Marra in West Palm Beach for enticing a minor to engage in an illegal sexual activity, in violation of Title 18, United States Code, Section 2422(b).
According to documents filed with the court, Goldberg entered into a relationship with a 17 year old victim and her 15 year old friend. Goldberg paid the minors to allow him to take sexually explicit photographs of them.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Ferrer commended the investigative efforts of the FBI, the Boca Raton Police Department, the FBI Safe Streets Task Force, and the South Florida Minor Vice Task Force. The case is being prosecuted by Assistant U.S. Attorney Lothrop Morris.
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.
Oxford County Man Sentenced to over Two Years on Federal Counterfeit ChargeRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced today
Nation Miller, 23, of Mexico, Maine was sentenced yesterday in U.S. District Court by Judge D.
Brock Hornby to 20 months in prison and three years of supervised release for conspiring to
make counterfeit currency. Miller pleaded guilty to the charges on August 19, 2013.According to court records, on July 3, 2012, Miller conspired with two accomplices to
make counterfeit $50 bills. The next day, Miller and his accomplices passed counterfeit bills in
Mexico and Old Orchard Beach, Maine.The investigation of this case was conducted by the Mexico and Old Orchard Beach
Police Departments and the United States Secret Service.Orlando Rapper "Fella" Convicted of Armed Bank RobberyRead the Press Release
Orlando, FL – Acting United States Attorney A. Lee Bentley, III announces that a federal jury today found Dewarren Antoine Lewis, a/k/a “Fella” (28, Orlando), guilty of two counts of bank robbery with assault and two counts of using and carrying a firearm during and in relation to a crime of violence. Lewis faces a maximum penalty of 25 years in federal prison on the bank robbery convictions, followed by a mandatory minimum consecutive penalty of 32 years in federal prison on the firearms convictions. His sentencing hearing is scheduled for April 4, 2013.
Lewis was indicted on September 4, 2013.
According to testimony and evidence presented at trial, on January 9, 2013, Lewis robbed the Wells Fargo Bank in Orlando, at gunpoint, before fleeing with over $9,000. On March 20, 2013, he robbed the Regions Bank in Orlando. As he did in the Wells Fargo robbery, Lewis rushed into the bank, covered from head to toe, wearing a stocking over his face. He then pointed his gun at bank employees, forcing his way behind the teller line, filling his bag with the bank’s money. After fleeing the bank, a witness saw Lewis take off his disguise and drive away from the scene of the crime. Lewis then led police on a high speed chase through the streets of Orlando, before bailing out of his car and running away on foot. When finally apprehended by Orange County deputies, Lewis was carrying a bag filled with over $23,000, which he had just stolen from the Regions Bank.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Operation Bloodline Defendant Convicted, Another SentencedRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal jury in Hartford has found MICHAEL SMITH, also known as “Smitty” and “Fingers,” 43, of Hamden, guilty of narcotics distribution offenses. The trial before U.S. District Judge Robert N. Chatigny began on January 6 and the jury returned its verdict yesterday.
In a related case, COREY MADDOX, also known as “C.L.,” 36, of New Haven, was sentenced today by Senior U.S. District Judge Ellen Bree Burns in New Haven to 55 months of imprisonment, followed by five years of supervised release.
SMITH, MADDOX and more than one hundred other individuals were charged as a result of “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.
According to the evidence presented during his trial, investigators received court-authorization to monitor three of SMITH’s telephones. The investigation revealed that SMITH conspired to receive and distribute large quantities of cocaine and crack cocaine. In addition, on October 27, 2011, SMITH sold approximately 6.6 grams of crack cocaine to an individual working with law enforcement.
SMITH has been detained since his arrest on May 22, 2012. On that date, law enforcement search an apartment connected to SMITH and recovered items used to convert cocaine into crack cocaine, as well as approximately $2000 in cash.
The jury found SMITH guilty of one count of conspiracy to possess with intent to distribute, and to distribute, cocaine and cocaine base (“crack cocaine”), and one count of possession with intent to distribute, and distribution of, cocaine base. Judge Chatigny has scheduled sentencing for April 7, 2014, at which time faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
SMITH has a prior state firearms conviction, and seven prior felony drug convictions.
As to MADDOX, the same investigation revealed that he conspired with co-defendant Emory James, also known as “Emmo,” to distribute cocaine and heroin, primarily in the Dwight-Kensington neighborhood of New Haven.
MADDOX’s criminal history includes felony assault, firearms and drug convictions. He has been detained since his arrest on May 17, 2012.
On September 19, 2013, MADDOX and James each pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine. James awaits sentencing.
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.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Norris Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Jeremy Eagle Bear, age 23, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Bear was indicted for Sexual Abuse of a Minor by a federal grand jury on August 21, 2013. He pled guilty on October 24, 2013.
The conviction stems from an incident on February 11, 2011, when Eagle Bear met the 13 year old victim at a house party and had sexual intercourse with her.
This case was investigated by Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Nixa Man Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Nixa, Mo., man was sentenced in federal court today for receiving and distributing child pornography over the Internet.
Charles Williams, 28, of Nixa, was sentenced by U.S. District Judge Brian C. Wimes to 10 years and 10 months in federal prison without parole.
Williams, who pleaded guilty on Aug. 7, 2013, admitted that he used peer-to-peer file-sharing program on two laptop computers to download and distribute dozens of videos and photos of child pornography over the Internet from April 9 to Sept. 27, 2011.
A Nixa police officer used a peer-to-peer file-sharing program to connect to Williams’ computer over the Internet. The officer located child pornography on the computer and obtained a search warrant for Williams’ residence. Officers executed the search warrant on Sept. 27, 2011, and seized two laptop computers, two cameras, two videogame consoles, 115 CDs/DVDs and a VHS tape. Among the files discovered on one of the laptop computers was a video of a 4-to-5-year-old child being raped by an adult. Williams was arrested on Sept. 27, 2011.
Investigators conducted an examination of Williams’ computers and found 52 incomplete or partially downloaded videos of child pornography, 29 saved videos of child pornography, eight videos of child pornography in the recycle bin and 13 images of child pornography.
This case was prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the FBI and the Nixa, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Nicholasville Woman Appears in Court on Charges of Defrauding the Social Security AdministrationRead the Press Release
LEXINGTON, KY - A Nicholasville woman was arraigned in federal court on Monday, for allegations that she defrauded the Social Security Administration (SSA) for approximately a decade.
A federal indictment returned Thursday, January 9, charges Sheryl Bruner, 51, with theft of government money, concealment and failure to disclose assets, bankruptcy fraud, and making false and fictitious statements. Bruner has pleaded not guilty to the charges and a trial date has been scheduled for March 10, 2014.
According to the indictment, from 2003 until 2013, Bruner fraudulently claimed that she was disabled and had no money or source of income in order to receive financial assistance from a program known as Supplemental Security Income (SSI). Bruner allegedly concealed and failed to disclose to the SSA that she worked two jobs during this time period —both as a Medicaid service provider—in which she earned a substantial income.
The indictment further alleges that on May 16, 2013, Bruner filed for bankruptcy, in Lexington, and intentionally omitted the amount of cash she had on hand, all the bank and trust accounts she maintained or controlled, all of the vehicles she owned, and a piece of real estate she owned.
SSI is an income assistance program designed to provide financial assistance to elderly and disabled individuals who meet the program’s eligibility requirements. If the SSA had known Bruner’s true health and financial situation, SSA would have discontinued her eligibility in the program.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky and Guy P. Fallen, Special Agent in Charge, Social Security Administration, Office of Inspector General, jointly announced the indictment.
The investigation was conducted by the Social Security Administration, Office of the Inspector General, Office of Investigations. Assistant U.S. Attorney Ken Taylor presented the case to the grand jury.
The theft of government property charge carries a maximum of 10 years in prison upon a conviction. The rest of the charges each carry a maximum penalty of five years in prison.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
New Mexico Man Sentenced to Federal Prison for Leaking Information About Criminal InvestigationRead the Press Release
In Albuquerque, NM, today, 64-year-old Danny Burnett, a retired educator and husband of a former federal prosecutor, was sentenced to one year and one day in federal prison followed by one year of supervised release for leaking information regarding a criminal investigation to a target announced United States Attorney Robert Pitman.
In September 2013, a federal jury convicted Burnett of one count of giving notice of certain electronic surveillance and one count of making a false statement to federal investigators. Evidence presented during trial revealed that on February 17, 2011, Burnett met at an Albuquerque restaurant with long-time friend Columbus Police Chief Angelo Vega and advised him that federal investigators had a wiretap on Vega’s phone. Burnett was also convicted of making a false statement to federal investigators on February 28, 2012, when he denied notifying Vega that he was the subject of a firearms trafficking investigation.
“By disclosing the existence of a wiretap to former Columbus Police Chief Angelo Vega, Mr. Burnett undermined a federal investigation of the trafficking of firearms into Mexico and put law enforcement agents in jeopardy. His friendship with Vega explains but does not excuse or justify compromising the investigation of such serious criminal activity. While Mr. Burnett was not a party to the underlying criminality, he committed a serious violation of law in his own right. This office and the Department of Justice will vigorously investigate and prosecute crimes against the integrity of the criminal justice system,” stated United States Attorney Robert Pitman.
This case was investigated by agents with the Department of Justice Office of the Inspector General (DOJOIG), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Homeland Security Investigations (HSI). Assistant United States Attorneys Steven Spitzer and Greg McDonald from the Western District of Texas prosecuted this case on behalf of the government.
New Jersey U.S. Attorney’s Office Collects $120.2 Million for Taxpayers in FY 2013Read the Press Release
$57.8 Million in Civil and Criminal Actions, $62.4 Million in Forfeitures
NEWARK, N.J. – U.S. Attorney Paul J. Fishman announced today that the District of New Jersey collected $120,229,018.44 in FY 2013, which includes $57,792, 671.44 in criminal and civil actions, and – working with partner agencies and divisions – it collected an additional $62,436,347in asset forfeiture actions.
The $57.8 million represents collections of $45,157,311.66 in criminal actions and $12,635,359.78 in civil actions. The $62.4 million in forfeited assets brought in by the office and its partners are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes. U.S Attorney Fishman created a stand-alone Asset Forfeiture and Money Laundering Unit in April 2010, which has increased the forfeited funds applied to victim compensation each year.
Every year since I have been U.S. Attorney, the hardworking public servants in our office have collected far more in fines, penalties, asset forfeiture, restitution and settlements than our operating expenses,” said U.S. Attorney Fishman. “Most of that money goes to the general treasury of the United States, the share that belongs to victims of crime is returned to them, and some of it is shared with our state and local law enforcement partners. That is good economics and good for public safety.”
Attorney General Eric Holder announced last week that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The Department’s enforcement actions help not only to ensure justice is served, but also to deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”Fiscal year 2013 is the first year the Justice Department is counting collections as shared totals in any case in which a U.S. Attorney’s Office was assisted by other U.S. Attorney’s Offices or department components, making for uneven office-specific comparisons to previous years. The department’s overall numbers are not affected by the change.
The New Jersey U.S. Attorney’s Office worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional$401,338,597.30in cases pursued jointly with these offices. Of this amount, $56,796.50 was collected in criminal actions and401,281,800.80was collected in civil actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
Nationwide, the largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals, corporations or both for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Many of the District of New Jersey’s largest collections this year arose from the office’s health care practice.
As a result of investigations by the New Jersey U.S. Attorneys’ Office and the Justice Department’s Civil Division, New Jersey-based Par Pharmaceutical Companies Inc. (Par) pleaded guilty in Newark federal court on March 5, 2013, and agreed to pay $45 million to resolve its criminal and civil liability for the company’s promotion of its prescription drug Megace® ES for uses not approved as safe and effective by the Food and Drug Administration (FDA) and not covered by federal health care programs.
This year’s collections also include more than $10.2 million paid to the United States as a result of an agreement between the Cooper Health System (Cooper) and the U.S. Attorney’s Office for the District of New Jersey in which Cooper paid $12.6 million to settle allegations that it violated the federal False Claims Act and New Jersey False Claims Act by making improper payments to physicians under so-called “consulting” and “compensation” agreements as it sought to build its cardiology program. Additionally, $2.3 million went directly to the state of New Jersey for Medicaid as a result of the agreement.
Both cases were investigated by the Department of Health and Human Services, Office of Inspector General. Assistance in the Cooper case was provided by the N.J. Attorney General’s Office. Par was also investigated by the FDA’s Office of Criminal Investigation.
14-015New Jersey Man Charged with False Statements to HUDRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 65-year-old New Jersey resident was charged yesterday with making false statements and representations in connection with a Federal Housing Administration (FHA) insured mortgage with intent to defraud the Department of Housing and Urban Development.
According to United States Attorney Peter J. Smith, his office filed a criminal information against Martin Sacci of South Plainfield, New Jersey, for his role in failing to disclose the existence of a second loan made to a borrower in an FHA-insured mortgage for a property located in Monroe County, Pennsylvania.
The charge against Sacci stems from an investigation by the Office of Inspector General of the Department of Housing and Urban Development (HUD).
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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 case, the maximum penalty under the federal statute is one year imprisonment, a term of supervised release following imprisonment, and a fine of up to $100,000. 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.
****Minnesota Man Sentenced for Passing Counterfeit SecuritiesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Vadnais Heights, Minnesota, man convicted of Passing Counterfeit Securities was sentenced on January 9, 2014, by the Honorable Karen E. Schreier, U.S. District Judge.
Gregory Wayne Newell, age 43, was sentenced to 24 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $1,200 restitution to the victims in the case.
Newell was indicted for Passing Counterfeit Securities by a federal grand jury on July 9, 2013. He pled guilty on October 23, 2013.
In December of 2012, Newell passed four counterfeit $50 American Express traveler’s checks at a Sioux Falls Hy-Vee Store.
This case was investigated by the Sioux Falls Police Department and the United States Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Newell was immediately turned over to the custody of the U.S. Marshals Service.
Mexican National Convicted of Transferring Obscene Matter to A MinorRead the Press Release
LAREDO, Texas – Mexican National Germain Zamarron Celis, 38, has entered a guilty plea to transferring obscene matter to a minor, announced United States Attorney Kenneth Magidson.
According to court records, Celis had started communicating with whom he thought was a 15-year-old minor female by way of a local chat room and through his personal email address. In reality, he was communicating with an undercover officer. Celis started the communication on Aug. 29, 2013, which continued for approximately a month.
During the communication, Celis made several extremely sexually explicit comments. He further mentioned he was “dreaming about her” and expressed a desire to meet her. In preparation for such meeting, he sent her a picture of his male genitalia.
Celis was arrested outside of his apartment complex in Laredo on Nov. 6, 2013, where he had been illegally residing. Sentencing has been set for April 7, 2014, before U.S. District Judge Marina Garcia Marmolejo. At that time he faces up to 10 years in federal prison and a maximum $250,000 fine. He will remain in custody pending that hearing.
Homeland Security Investigations and the Webb County Sheriff’s Office investigated the case and Assistant United States Attorney Suntrease Williams-Maynard is prosecuting.
Man Deported Five Times Pleads Guilty to Reentry After DeportationRead the Press Release
CONCORD, N.H. – Jose Armando Juarez-Garcia, 28, pleaded guilty in United States District Court in for the District of New Hampshire to reentering the United States after having been deported to his home country of Mexico, announced United States Attorney John P. Kacavas.
Juarez-Garcia was found in Manchester in December of 2013 by Immigration Enforcement Officers of the Department of Homeland Security, U.S. Immigration and Customs Enforcement despite having been deported to Mexico five times since September 2006.
Juarez-Garcia faces a maximum sentence of 10 years in prison and a maximum fine of $250,000. He will also be subject to further deportation proceedings after he serves his sentence. After accepting his guilty plea, the court ordered that Juarez-Garcia held in custody pending a sentencing hearing, which was scheduled for April 23, 2014.
This case was investigated by the Department of Homeland Security, U.S. Immigration and Customs Enforcement and is being prosecuted by Assistant United States Attorney Mark S. Zuckerman.
MS-13 Gang Leader Pleads Guilty to RacketeeringRead the Press Release
Earlier today, Francisco Ponce, a leader of La Mara Salvatrucha, also known as the MS-13 street gang ("MS-13"), pleaded guilty at the federal courthouse in Central Islip, New York, to racketeering, including predicate acts relating to the February 15, 2009, armed robbery of the Pollo Campero restaurant in Lindenhurst, New York, and the September 12, 2009, armed robbery of Los Hermanos Grocery in Brentwood, New York, which resulted in the murder of Miguel Peralta, an employee of that grocery. When sentenced, Ponce faces up to life in prison.
The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
"Ponce was in charge of the MS-13 "brand" in New York, and sought to strengthen it with acts of mayhem. Seeking funds to fuel their violent lifestyle in New York and abroad, he and his cohorts robbed and terrorized Long Island neighborhoods. Miguel Peralta fell victim to their thirst for blood and money when he unknowingly walked in on a robbery at the store at which he worked," stated United States Attorney Lynch. "This office and our law enforcement partners will continue to vigorously investigate and prosecute gang members, especially those who terrorize our communities and, as demonstrated in the tragic murder of Mr. Peralta, kill innocent victims."
FBI Assistant Director-in-Charge Venizelos stated, "Rather than function as a productive member of society, the defendant instead chose a life of crime, intent on spreading fear and violence throughout our community. The FBI is committed to removing these violent criminals from our streets. We will continue to work with our law enforcement partners to dismantle MS-13 and bring to justice every gang member who victimizes the public."
According to court filings and facts presented during the plea proceeding, Ponce and two other MS-13 members, Joyser Velasquez, also known as "Baby Boy,"1 and Carlos Chicas, also known as "Flaco," carried out the September 12, 2009, armed robbery of Los Hermanos Grocery and the murder of Miguel Peralta. Shortly before midnight, Velasquez and Chicas, who were armed with semi-automatic handguns, entered the store, while Ponce waited as the getaway driver. Peralta, who was sweeping a storeroom in the back of the store, heard the commotion, entered the front of the store, and came face to face with Velasquez, who shot him once in the side. Peralta then ran down an aisle where he was confronted by Chicas, who shot him in the head. The robbers then rifled through the cash register, took cash and checks, and fled to the awaiting getaway car that was driven by Ponce.
Several months prior to the Peralta murder, Ponce, Velasquez, and two other MS-13 members, Wilmer Granillo, also known as "Chele," and Freddy Fuentes-Gonzalez, also known as "Pitufo,"2 committed an armed robbery of the Pollo Campero restaurant in Lindenhurst, New York. Specifically, on February 15, 2009, Velasquez, who was armed with a semi-automatic handgun, Granillo and Fuentes-Gonzalez entered the Pollo Campero restaurant, wearing hooded sweatshirts and ski masks, held the employees at gun-point and forced the manager to open the safe, by holding a knife to his throat. The MS-13 members stole approximately $15,000 from the safe and then fled to the car, where Ponce was waiting to drive them away.
Ponce’s conviction further demonstrates the strong connection between members of the MS-13 gang in New York, El Salvador, and elsewhere. As set forth in prior court filings and testimony introduced during two recent MS-13 racketeering trials, between 2009 and 2010, Ponce was the New York leader of "The Program," an initiative by the MS-13's leadership in El Salvador to exercise greater control over the international MS-13 enterprise, including the MS-13 cliques and members in New York, enforce discipline and adherence to the gang=s rules, and cause more money to be sent to MS-13 members in El Salvador and other parts of Central America. Ponce functioned as a liaison between the MS-13 clique leaders in New York and the gang’s hierarchy in El Salvador, organizing "universal meetings," which were meetings attended by the leaders of the New York cliques of the MS-13, and collecting money from the New York cliques to purchase firearms and ammunition, which were used in furtherance MS-13’s violent agenda, and to send money to gang leaders in El Salvador.
Chicas and Granillo, two of Ponce’s co-conspirators in the Peralta murder and Pollo Campero robbery, respectively, are believed to have fled the jurisdiction and remain fugitives.3 The FBI requests that anyone with information regarding their whereabouts telephone (212) 384-1000. Chicas and Granillo should be considered armed and dangerous.
Ponce’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international street gang comprised primarily of immigrants from El Salvador, Honduras, and Guatemala. With numerous branches, or "cliques," the MS-13 is the largest street gang on Long Island. Since 2002, more than 200 MS-13 members, including more than two dozen clique leaders, have been convicted on federal felony charges in the Eastern District of New York. More than 100 of those MS-13 members have been convicted on federal racketeering charges. Since 2010 alone, this Office has convicted more than 30 members of the MS-13 on charges relating to their participation in one or more murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, and Suffolk County Police Department.
The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham, Raymond A. Tierney, and Carrie N. Capwell.
The Defendant:
FRANCISCO PONCE ("Spoiler")
Age: 31
Residence: Brentwood, NY
E.D.N.Y. Docket No. 12-063 (JFB)
1 Velasquez is in custody pending trial. The charges in the indictment against Velasquez are merely allegations, and he is presumed innocent unless and until proven guilty.
2 Fuentes-Gonzalez is in custody. He pled guilty and is facing life imprisonment when sentenced.
3 The charges in the indictment against Chicas and Granillo are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Luzerne County Woman Sentenced to Probation with Home Confinement for Misprision of A FelonyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 31-year-old Wilkes-Barre resident was sentenced to probation with home confinement by U.S. District Court Judge Malachy E. Mannion yesterday in Scranton.
According to United States Attorney Peter J. Smith, Christine Hanahan admitted to failing to report the nature and extent of her paramour’s cocaine trafficking in and around Kingston.
Hanahan was indicted by a federal grand jury in March of 2013, as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kingston Police Department into cocaine distribution and firearms straw purchasing. She pleaded guilty to a superceding criminal information, charging misprision of a felony filed on October 9, 2013, after Judge Mannion rejected the proposed plea to straw purchase of a firearm due to the defendant’s insistence that it was a purchase made jointly with her partner, and co-defendant, Jovon Martin, also charged in the case.
Judge Mannion placed Hanahan on supervised release for two years, including six months on home confinement with electronic monitoring.
Two of Hanahan’s co-defendants previously entered guilty pleas in the case. John Teslicko was sentenced to 6 months in prison. Jovon Martin is awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Amy C. Phillips