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Friday 10 January 2014
Two Members of Identity Theft Ring Targeting Government Employees SentencedRead the Press Release
ALEXANDRIA, Va. – Adrienne Pritchett, 42, of District Heights, Md., was sentenced today to 57 months in prison, followed by four years of supervised release, for bank fraud and aggravated identity theft. Pritchett has also agreed to pay full restitution to victims.
Co-defendant Jamille Ferguson, 31, of Dumfries, Va., was sentenced to 36 months in prison, followed by four years of supervised release, for access device fraud and aggravated identity theft. Ferguson was also ordered to pay $47,025.61 in restitution to victims.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia; Kathy A. Michalko, Special Agent in Charge for the United States Secret Service’s Washington Field Office; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after sentencing by United States District Judge Claude M. Hilton.
Pritchett pleaded guilty on October 3, 2013, and Ferguson pleaded guilty on October 8, 2013.
According to court documents, Pritchett stole the identities of more than 450 clients of her employer, an insurance provider catering to employees of the U.S. Department of State, Department of Defense, and Agency for International Development, many of whom are stationed overseas. Pritchett’s live-in boyfriend, co-defendant Christopher Bush, used the stolen identities to make fraudulent driver’s licenses bearing the victim’s real name, address and date of birth. Members of the identity theft ring, including Ferguson, used those fraudulent driver’s licenses to open credit lines at retailers and obtain merchandise and gift cards at victims’ expense. On several occasions, Pritchett sold this stolen merchandise to her colleagues.Two other members of the identity theft ring have already been sentenced. On December 6, 2013, Segale Battle, 30, of Capitol Heights, Md., was sentenced to 12 months in prison and three years of supervised release, and ordered to pay $130,262.35 in restitution for her role in stealing at least 20 identities and several company checks from the Washington-based dental practice where she worked. On December 13, 2013, Rungnatee Pearson, 45, of Bronx, NY, was sentenced to 5 months in prison, 5 months of home confinement, and 2 years of supervised release for using 10 stolen identities to obtain $19,521.96 in merchandise. Pearson was also ordered to repay $19,521.96 in restitution.
This case was investigated by the United States Secret Service and the Fairfax County Police Department, with assistance from the City of Fairfax Police Department, Prince George’s County W.A.V.E. (Washington Area Vehicle Enforcement), Prince George’s County Financial Crimes Section, the Metropolitan Washington Airport Authority, Delaware State Police, Maryland State Police, D.C. Metropolitan Police Department, U.S. Postal Inspection Service, the Office of the Inspector General of the U.S. Department of Agriculture, and the Office of the Inspector General of the U.S. Department of State.
Assistant United States Attorney Lindsay Kelly and Special Assistant United States Attorney Peter Roman prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Topeka Man Pleads Guilty to Robbery at Kaw Valley BankRead the Press Release
TOPEKA, KAN. - A Topeka man pleaded guilty Friday to robbing a Topeka bank, U.S. Attorney Barry Grissom said today.
Cade Michael Sharples, 37, Topeka, Kan., pleaded guilty in U.S. District Court in Topeka to one count of bank robbery.
In his plea, he admitted that on Sept. 17, 2013, he robbed the Kaw Valley Bank at 3000 SE Croco Road in Topeka. Sharples gave the teller a letter saying, “I’m here to rob you. I have a gun. Do as I say and you won’t get hurt.” He left the bank with the money and walked to his car, which was parked in a stall at a carwash nearby. Police released surveillance video from the robbery and received tips leading them to Sharples. He was arrested in Council Bluffs, Iowa.
Sentencing is set for March 31. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.Three Area Businessmen Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO - Three area businessmen surrendered to authorities on two separate indictments alleging bank fraud against Excel Bank, which failed in 2012 after receiving $4,000,000 in capital from the Treasury Department through the Troubled Asset Relief Program (TARP).
According to the indictments, William Glasgow owned dozens of rental properties as part of his real estate business, Glasgow Realty, and did business with Excel Bank, the holding company of which was Investors Financial Corporation of Pettis County, Missouri. The indictment states that Glasgow had two loans on his rental properties, which he received by falsifying documentation.
In a separate unrelated indictment, James Crews and Michael Hilbert are alleged to have engaged in the real estate business, doing business through various entities including Crews Corporation, Hillcrew Properties, Merz Properties, Eagle Group and Marathon RE. They owned dozens of rental properties in the St. Louis area and are alleged to have defrauded Excel Bank by submitting numerous draw requests for hundreds of thousands of dollars in escrow funds set aside for improvements to those properties.
WILLIAM GLASGOW, Town & Country, MO, was indicted by a federal grand jury on two felony counts of bank fraud. In a separate unrelated indictment, JAMES CREWS, Wentzville, MO; and MICHAEL HILBERT, St. Charles, MO, were indicted the same day on two felony counts each of bank fraud. The indictments were returned December 11, 2013, but remained sealed until the defendants appeared in federal court for arraignment today in St. Louis.
If convicted, each count of bank fraud carries a maximum penalty of 30 years in prison and/or fines up to $1 million. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Office of the Special Inspector General for the Troubled Asset Relief Program and the Federal Bureau of Investigation. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.Texas Firm and Field Operations Supervisor Sentenced for Harboring and Transporting Illegal Aliens Used in North Central Pennsylvania Oil and Gas Survey WorkRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania today announced the sentencing on January 9, 2014 of GPX/GPX, USA, a seismic surveying company based in Sealy, Texas, and its field operations supervisor, Douglas C. Wiggill. On March 11, 2013, GPX entered a guilty plea to Count One of the indictment charging conspiracy to transport and harbor illegal aliens, and Wiggill entered a guilty plea to a one-count information, charging aiding and abetting the improper entry of illegal aliens. GPX is engaged in the business of providing seismic and surface mapping surveys for the oil and gas industry. Wiggill, a 44-year old Canadian national, worked for GPX for 22 years.
On January 9, 2014, United States District Judge Yvette Kane sentenced GPX to a period of 36 months’ probation and ordered the criminal forfeiture of $250,000, a $25,000 firm and a special assessment of $400 payable over the term of probation. Judge Kane also ordered GPX to implement a compliance program for confirming the employment eligibility and identity of all its current and prospective employees using the E-Verify System and the Form I-9 Employment Eligibility Verification process provided by the Department of Homeland Security. Judge Kane imposed a $5,000 fine and a special assessment on Wiggill.
According to United States Attorney Peter J. Smith, the indictment returned on May 10, 2012 alleged that in May 2011 GPX and Wiggill hired 19 illegal aliens to work on a seismic surveying project in Lycoming County. The indictment alleged that GPX and Wiggill failed to verify the immigration status of the aliens and did not prepare the required Form I-9 and supporting documentation concerning the aliens’ authorization to be in the United States.
According to the indictment, GPX executed a contractor compliance agreement certifying that all personnel were authorized to work legally in the United States when, in fact, they were not. On June 23 and 24, 2011, officers of the Williamsport Bureau of Police and agents of Homeland Security Investigations arrested the 19 aliens employed by GPX at, or in the vicinity of, apartments rented for them in Williamsport by Wiggill and GPX. The arrests were a result of an investigation of one of the aliens by Williamsport Police.
"Homeland Security Investigations is committed to holding businesses and their managers accountable when they knowingly hire an illegal workforce," said John Kelleghan, Special Agent in Charge of HSI Philadelphia. "HSI and our law enforcement partners will continue to ensure that employers follow our nation's hiring laws, which ultimately protects job opportunities for the nation's legal workers, and levels the playing field for those businesses that play by the rules."
The case was investigated by Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the Williamsport Bureau of Police. The case was prosecuted by Assistant United States Attorney George J. Rocktashel.
Tampa Woman Sentenced to More Than Seven Years in Fraudulent Tax Return and Identity Theft SchemeRead the Press Release
Tampa, FL – Acting United States Attorney A. Lee Bentley, III announces that U.S. District Judge Richard A. Lazzara today sentenced Jameshia Mack (27, Tampa) to 75 months in federal prison for wire fraud and aggravated identity theft for filing fraudulent tax returns using stolen personal identifying information. The court also sentenced Mack to an additional 14 months in federal prison, to run consecutive to the 75 month sentence, for committing these crimes while on supervised release from a previous federal sentence for aggravated identity theft in the Western District of Kentucky, for a total sentence of imprisonment of 7 years, 5 months. As part of her sentence, the court entered a money judgment in the amount of $100,135 against Mack, representing the proceeds she received from the scheme, and ordered her to pay restitution in that amount to the Internal Revenue Service.
Mack pleaded guilty on October 17, 2013. According to court documents, Mack, who is from Tampa, was on federal supervised release in 2011 after serving a prison term for bank fraud and aggravated identity theft in the Western District of Kentucky. After returning to the Tampa area, she defrauded the IRS by filing false and fraudulent income tax returns in her own and other persons’ names, and directed that the returns be put onto prepaid debit cards. Mack then withdrew cash from the debit cards or spent the funds on retail purchases, a luxury automobile, and casino transactions. When the Tampa Police Department encountered Mack during a traffic stop, she had stacks of cash along with multiple credit cards and prepaid debit cards in other peoples’ names.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Josephine W. Thomas.
Stone Mountain Woman Sentenced for Identity TheftRead the Press Release
ATLANTA - Cora Cadia Ford has been sentenced for filing false federal tax returns for refund using stolen identities, including those of homeless and disabled persons.
“Stealing someone's identity for personal gain is bad enough, but this defendant targeted some of the most vulnerable people in our community -- the homeless and disabled,” said United States Attorney Sally Quillian Yates. “Her crimes left people who were already disadvantaged to deal with yet another obstacle in their lives. The defendant’s significant sentence today will hopefully bring some solace to those who suffered from her greed.”
“Cora Ford thought she had figured out a clever scheme using the identities of people who were homeless, mentally challenged, and physically disabled to steal and defraud the American taxpayers,” stated IRS Criminal Investigation, Special Agent in Charge, Veronica F. Hyman-Pillot. “Today's sentence clearly demonstrates that taking advantage, manipulating, and stealing from the American people will not be ignored or go unpunished.”
According to United States Attorney Yates, the charges and other information presented in court: From approximately January 2007 to May 2011, Ford prepared and filed false tax returns with the IRS, using the names and social security numbers of the poor, homeless and disabled. Ford intentionally prepared each tax return with false information so that it would generate a tax refund. Ford obtained the tax refund checks and deposited them into her own bank account or cashed the checks at check-cashing stores, and used the money for her own benefit. As a result of Ford’s crimes, many of the victims whose names and social security numbers were stolen had their social security disability benefits reduced or eliminated for a period of time.
Ford obtained the victims’ names and social security numbers in a variety of ways. Sometimes Ford convinced victims to provide her with their identifying information so that she could apply on their behalf for a homeless grant with the Government. In fact, no such Government grant existed. In other instances, Ford, who also ran a small church with her now-deceased husband, told her victims that she would file a tax return on their behalf and it would be “a gift from God.” Truthfully, Ford used the victims’ identifying information to prepare and file false tax returns, and kept the entire tax refund for herself. One victim, who testified that her social security disability benefits were reduced to approximately $27 per month as a result of Ford’s crimes, causing her to be unable to afford her own medications, stated that the defendant’s crimes had ruined her life.
Ford, 55, of Stone Mountain, Ga., was sentenced by United States District Judge Thomas W. Thrash, Jr. to nine years, three months in prison to be followed by threeyears of supervised release, and ordered to pay restitution in the amount of $101,015Ford was found guilty by a jury on September 20, 2013, on 30 counts of mail fraud, aggravated identity theft, and filing false claims with the Government.
This case was investigated by the Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Thomas J. Krepp and Steven D. Grimberg prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Stilwell Man Sentenced to 70 Months for Firearm PossessionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JEREMY EDWARD RAMIREZ, age 27, of Stilwell, Oklahoma, was sentenced to 70 months imprisonment, followed by 3 years of supervised release for Possession of an Unregistered Firearm, in violation of Title 26, United States Code, Sections 5861(d), 5845 and 5871.
Charges arose from an investigation by the Tahlequah Police Department, Cherokee County Sheriff’s Department, Cherokee Nation Marshal’s Service, Oklahoma Highway Patrol Bomb Squad, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. The defendant was indicted in June, 2013 and pled guilty in July 2013.
The Indictment alleged that on or about April 19, 2013, in the Eastern District of Oklahoma, the defendant did knowingly possess an explosive and firearm, to-wit: One Ireco blasting cap wired to a cellular telephone, not registered to him in the National Firearms Registration and Transfer Record, which had been shipped and transported in interstate commerce.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
First Assistant United States Attorney Doug Horn represented the United States.
Statement by Attorney General Eric Holder on Federal Recognition of Same-Sex Marriages in UtahRead the Press Release
Attorney General Eric Holder issued the following statement today on the status of same-sex marriages performed in the state of Utah:
“Last June, the Supreme Court issued a landmark decision – in United States v. Windsor – holding that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This ruling marked a historic step toward equality for all American families. And since the day it was handed down, the Department of Justice has been working tirelessly to implement it in both letter and spirit—moving to extend—federal benefits to married same-sex couples as swiftly and smoothly as possible.
"Recently, an administrative step by the court has cast doubt on same-sex marriages that have been performed in the state of Utah. And the governor has announced that the state will not recognize these marriages pending additional court action.
"In the meantime, I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages. These families should not be asked to endure uncertainty regarding their status as the litigation unfolds. In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they are in same-sex or opposite-sex marriages. And we will continue to provide additional information as soon as it becomes available.”A video recording of the Attorney General delivering the above statement can be viewed at: www.justice.gov/video.php.
Statement of U.S. Attorney Goodwin on Chemical Release into Water SupplyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today issued the following statement regarding yesterday’s release of a potentially dangerous chemical into the southern West Virginia water supply:
“Yesterday’s release of a potentially dangerous chemical into our water supply has put hundreds of thousands of West Virginians at risk, severely disrupted our region’s economy, and upended people’s daily lives. My office and other federal law enforcement authorities have opened an investigation into the circumstances surrounding the release. We will determine what caused it and take whatever action is appropriate based on the evidence we uncover.”
Click here to listen to an audio sound bite from U.S. Attorney Booth Goodwin
Somerset County, N.J., Man Admits Tax Fraud; Failed to Report More Than $500,000 in IncomeRead the Press Release
TRENTON N.J. – The owner of pizzeria in Manhattan admitted today to underreporting on his tax returns more than $500,000 in income that he kept for his personal benefit, U.S. Attorney Paul J. Fishman announced.
Amadeus Manata, of Warren, N.J., pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of subscribing to false personal federal income tax returns.
According to documents filed in this case and statements in court:
For the tax years 2005 through 2007, Manata filed U.S. individual income tax returns in which he claimed to report all of his income from his pizzeria, Pizza Pasta Etc., but which omitted $563,343 in cash he had diverted from the businesses for his personal use. Manata’s intentional failure to disclose true, correct and complete information to the IRS resulted in a tax loss to the United States of approximately $190,712.
As part of his guilty plea, Manata agreed to make full restitution to the IRS for all losses resulting from his filing of false tax returns.
The count of subscribing to false tax returns is punishable by a maximum potential penalty of three years in prison and a $250,000 fine. Sentencing is currently scheduled for April 16, 2014.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Lakshmi Srinivasan Herman of the U.S. Attorney’s Office Economic Crimes Unit.
14-012
Defense Counsel: Arthur Zucker Esq., Hackensack, N.J.
Manata, Amadeus Information
Smith County Man Sentenced for Sexual Exploitation of ChildrenRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 38-year-old Tyler man has been sentenced to 45 years in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Mark Rushton Lawless pleaded guilty on Sep. 5, 2013 to possession of child pornography, transportation of a child to engage in sexual activity, production of child pornography, and aggravated sexual abuse of a child. Lawless was sentenced to 45 years in federal prison today by U.S. District Judge Michael Schneider.According to information presented in court, on Feb. 12, 2013, Lawless was found in possession of child pornography, specifically material involving a child younger than 12 years old engaged in sexually explicit conduct. Lawless admitted that on Dec. 28, 2012, he transported a minor across state lines for the purpose of engaging in sexual activity and sexually abusing a child younger than 12 years of age. Lawless also admitted that on Jan. 2, 2013, he enticed or coerced a minor to engage in sexually explicit conduct for the purpose of creating child pornography. Lawless was indicted on Feb. 27, 2013 and charged with child pornography violations.
This case was investigated by the U.S. Postal Inspection Service, U.S. Secret Service, the Texas Department of Public Safety and the Tyler Police Department. This case was prosecuted by Assistant U.S. Attorneys Gregg Marchessault and Mandy Griffith and Michael Grant of the Department of Justice’s Child Exploitation and Obscenity Section.
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 (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.Seven Toledo Men Indicted for Cocaine ConspiracyRead the Press Release
An 11-count indictment was unsealed charging seven Toledo men for their roles in a conspiracy to possess both powder and crack cocaine with the intent to distribute the drugs, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Charged are: Gale Shelmon, aka G-Force, age 47; Percy Underwood, aka Butch, age 47; Bryant Anderson, aka B, age 34; Larry Jones aka LA, age 45; Justin Toler, aka J-Nut, age 37; Creston White, age 61; and Darryl Brown, aka D, age 28, all of Toledo.
The indictment charges each defendant with conspiring to possess cocaine and crack cocaine with intent to distribute. The indictment also charges four defendants with possession with intent to distribute crack cocaine.
Beginning in or about June 2010 and continuing through the date of the indictment, the defendants were involved in a conspiracy to distribute cocaine and crack cocaine in the Toledo area, according to the indictment.
Specifically, the indictment alleges that a co-conspirator obtained substantial quantities of cocaine from sources of supply in Texas. The cocaine was then transported from Texas to Toledo, Ohio by semi-truck where it was unloaded, stored and distributed by the defendants named in the indictment.
The case was accepted and investigated as an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program is designed to insure that the most sophisticated investigative and prosecutive resources are directed against large-scale organized drug trafficking ventures.
The indictment culminates a two-year investigation by the Federal Bureau of Investigation and Toledo Metro Drug Task Force. This Organized Crime Drug Enforcement Task Force case is being prosecuted by Assistant United States Attorney Thomas P. Weldon and Special Assistant United States Attorney Matthew C. Spaulding.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Seven Defendants Indicted in $49.6 Million Mortgage Fraud Scheme Involving North Carolina Property DevelopmentRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Fred W. Gibson, Jr., Acting Inspector General, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), announce the unsealing of a 15-count indictment charging seven defendants in a mortgage fraud scheme which resulted in the approval of approximately $49.6 million in fraudulent loans, and millions in losses to the lenders, including Bank of America, Regions Bank, SunTrust Bank, and Wachovia Bank. The properties referred to in the indictment consist of multiple vacant lots in a community development in North Carolina.
The indictment charges the following individuals as co-conspirators: Domenico “Dom” Rabuffo, 77, of Miami; Mae Rabuffo, 74, of Fort Lauderdale; Diane M. Hayduk, 64, of Miami; Raymond E. Olivier, 52, of Land O’ Lakes; Curtis Allen Davis, 51, of Tampa; Victor Miguel Vidal, 48, of Miami; and, Lazaro Jesus Perez, 43, of Miami Lakes.
According to the indictment, the defendants conspired to perpetrate a complex $49.6 million mortgage fraud scheme against various FDIC-insured lenders from 2003 to 2008. Defendants Domenico Rabuffo and Mae Rabuffo used shell companies to acquire ownership and control of a purported residential property development known as Hampton Springs, located in Cashiers, North Carolina. According to the indictment, Domenico Rabuffo, Mae Rabuffo, Diane M. Hayduk, Raymond E. Olivier, and Curtis Allen Davis recruited numerous straw buyers to purchase lots in the Hampton Springs development. The straw buyers financed the purchase of the building lots in Hampton Springs using mortgage loans and further obtained construction loans for the same properties. Defendants caused the straw buyers to submit false and fraudulent loan applications and related documents to the lenders to ensure that the straw buyers qualified for the loans. Defendant Victor Miguel Vidal served as a loan officer at SunTrust Mortgage, where he shepherded the fraudulent loan applications of the straw buyers through the approval process, including fraudulent applications for $33 million in construction loans. Defendant Lazaro Jesus Perez furnished fictitious and fraudulent accountant’s letters to Vidal, in support of various fraudulent mortgage loan applications submitted to SunTrust Mortgage.
Ultimately, based on the indictment, the lenders were induced to advance approximately $49.6 million in loan proceeds in connection with this scheme. The proceeds of the defendants’ mortgage fraud scheme were funneled through shell-corporation accounts controlled by Domenico Rabuffo and Mae Rabuffo, and other accounts, for the use and benefit of the defendants and their co-conspirators, and to further the defendants’ fraudulent scheme.
The indictment includes charges of conspiracy to commit bank fraud and wire fraud affecting a financial institution, and substantive bank fraud offenses. The offenses charged in the indictment each carry a statutory maximum sentence of 30 years in prison, a $1 million fine, and mandatory restitution.
Mr. Ferrer commends the investigative efforts of the FBI and FDIC-OIG. The case is being prosecuted by Assistant U.S. Attorney Dwayne E. Williams.
An indictment is only an accusation and the defendants are presumed innocent until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Santa Clara Business Owners Indicted for Tax and Loan FraudRead the Press Release
SAN JOSE, Calif. – Fidencio Moreno, Arturo Moreno, and Elena Moreno were charged, yesterday, in a superseding indictment with one count of conspiracy to defraud the United States, eleven counts of filing a false tax return, one count of conspiracy to commit wire fraud and bank fraud, and seven counts of making false statements on a loan application, announced United States Attorney Melinda Haag, Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge José M. Martinez.
According to the superseding indictment, defendants Arturo and Fidencio Moreno were each fifty-percent owners of Quality Assurance Travel, a charter bus company with an office in Santa Clara, Calif. Between 2005 and 2010, the superseding indictment charges that the defendants conspired to defraud the United States by impeding the ability of the Internal Revenue Service (IRS) to ascertain, assess, and collect income taxes. The defendants are alleged to have withheld cash business receipts from deposits into the company’s bank accounts, falsified the company’s financial books and records, and filed false and fraudulent tax returns. The defendants tracked the withheld cash in a cash journal separate from the company’s books and records, and did not disclose the cash journal to their tax return preparer.
All three defendants are also charged with a separate conspiracy to commit wire fraud and bank fraud. According to the superseding indictment, from at least 2005 through 2013, Fidencio, Arturo and Elena Moreno conspired to commit bank fraud and wire fraud. The scheme involved submitting loan applications and supporting documentation that made false and fraudulent statements regarding the loan applicant’s income, assets and the intended use of property that was the subject of the loan. In all, five different properties are identified as having been part of the scheme, which resulted in the approval of loans totaling more than $3,328,600. Using these loans, the defendants purchased or refinanced several different homes in the San Jose area. Fidencio and Elena are also charged with individually and jointly making a false statement on a loan application. Based on the bank fraud and wire fraud scheme, as well as the loan fraud counts, the government is seeking forfeiture of various pieces of real property that were derived from the false loan applications and a money judgment of $3,328,600.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants face a maximum sentence of 5 years imprisonment and a fine of $250,000 for conspiring to defraud the United States; up to 3 years imprisonment and a fine of $250,000 for each false return count; and a maximum term of imprisonment of 30 years and a fine of $1,000,000 for conspiracy to commit bank fraud and wire fraud and for each false loan statement count. If convicted, they could also be ordered to pay restitution to the IRS and any financial institutions that they defrauded.
This case was investigated by IRS-Criminal Investigation. Trial Attorneys Katherine L. Wong and Todd P. Kostyshak of the Justice Department’s Tax Division, along with Assistant U.S. Attorney Thomas Moore are prosecuting the case, with the assistance of Kathy Tat and Saundra Burgess.
San Antonio Texas Syndicate Leader Sentenced to Federal Prison on Racketeering ChargeRead the Press Release
In San Antonio this morning, Texas Syndicate (TS) leader Rolando “Black Rabbit” Muniz, age 31, was sentenced to 15 years in federal prison followed by five years of supervised release for conspiring to violate the Racketeering Influenced Corrupt Organization (RICO) statute announced United States Attorney Robert Pitman.
On November 8, 2013, Muniz pleaded guilty to the RICO conspiracy charge. By pleading guilty, Muniz admitted that beginning in January 2008 until the present, he and others conspired to engage in a pattern of organized criminal conduct including four murders, two attempted murders, conspiracy to commit murder, drug trafficking and other crimes in furtherance of the goals and the mission of the Texas Syndicate.
Specifically, Muniz admitted to distributing various amounts of cocaine and heroin throughout San Antonio as well as participating in the planning of the attempted murder of fellow gang member and co-defendant Andrew Vidaurri on July 2, 2011. During that attempt, Andrew Vidaurri’s sister-in-law, Priscilla Ann Vidaurri, was killed in the crossfire by TS gunmen. Andrew Vidaurri is currently serving a four-year prison term after pleading guilty to the RICO conspiracy charge.
Muniz is the last of 20 TS members and associates convicted and sentenced for their roles in this criminal enterprise. The other defendants received sentences ranging up to 37 years in federal prison.
“This investigation targeted gang members who were attempting to establish a larger presence in San Antonio. After 20 convictions and federal prison sentences handed down to the Texas Syndicate leadership and it’s most violent members, this prosecution has reached a successful conclusion,” stated U.S. Attorney Robert Pitman.
This case resulted from a joint investigation by the Drug Enforcement Administration and it’s Task Force; Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service-Criminal Investigation; United States Marshals Service; Bexar County Sheriff’s Office, Bexar County District Attorney’s Office, and the San Antonio Police Department. The DEA Task Force is comprised of members of the Comal County Sheriff’s Office, Balcones Heights Police Department, Kendall County Sheriff’s Office, New Braunfels Police Department, Guadalupe County Sheriff’s Office, Terrell Hills Police Department, the Texas Department of Criminal Justice - Inspector General; and the Texas National Guard. Assistant United States Attorneys Joey Contreras and Karen Norris prosecuted this case on behalf of the Government.
Rochester Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Manuel Orozco-Infante, a/k/a Manin, a/k/a Morenito, 32, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine, was sentenced to 132 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Orozco-Infante was the leader of an organization involved in trafficking kilograms of cocaine from New York City to Rochester, where they were broken down and sold in smaller quantities in various locations throughout Rochester. As part of this joint, state and federal wiretap investigation, the defendant was arrested July 21, 2012 driving a minivan which contained one kilogram of cocaine in a hidden compartment. That same day, search warrants were executed at multiple locations in the Rochester area, netting $12,658 in U.S. currency, a loaded 9mm pistol, cell phones, digital scales and other distribution paraphernalia.
Orozco-Infante was charged along with five others. All five defendants have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.Renoir Painting Returned to Baltimore Museum of ArtRead the Press Release
ALEXANDRIA, Va. – United States District Court Judge Leonie M. Brinkema granted a motion for summary judgment in favor of the Baltimore Museum of Art in a civil case brought in connection with the theft and later sale of an 1879 unsigned oil painting on linen by Pierre-Auguste Renoir, titled the "Paysage Bords de Seine."
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the hearing today in front of U.S. District Judge Leonie M. Brinkema.
“The United States Attorney’s Office is pleased by the outcome of today’s decision, which we believe is amply supported by the evidence and the law," said Acting U.S. Attorney Boente. "The Court’s ruling today will ensure that the painting is returned to its rightful owner at the Baltimore Museum of Art.”
The case was filed in federal court as an interpleader action by the United States Attorney’s Office after the government learned that the Renoir painting, which originally had been stolen from the Baltimore Museum of Art in 1951, had been brought to a local auction company in Alexandria, Virginia to offer for sale in 2012. The Federal Bureau of Investigation later served a seizure warrant to gain custody of the painting until the matter was resolved in court.As part of the proceedings, the Baltimore Museum of Art (BMA) filed a summary judgment motion claiming that it was the rightful owner of the painting via a loan from a Baltimore heiress, Sadie A. May, and a subsequent bequest in May’s will. The BMA also presented evidence that the painting was stolen from the museum while on exhibit in November 1951, as reflected in a Baltimore police report filed at the time and documentation of an insurance payment received from the Fireman’s Fund Insurance Company.
As part of the suit, Lovettesville, Virginia resident Martha Fuqua claimed that she had purchased the painting at a flea market for $7.00 and was therefore a bona fide purchaser for value in possession of the property. The Court ruled, however, that Fuqua's alleged flea market purchase could not defeat the BMA’s title to the property as the true owner.A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov by searching for docket number 1:13-cv-347.
Portland Man Sentenced to 14½ Years in Prison for Possessing Child Pornography and Violating Release ConditionsRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that
Timothy Majeroni, 46, of Portland, was sentenced today in United States District Court by
Judge George Z. Singal to a total of 14½ years imprisonment, consisting of 12½ years
imprisonment for possessing child pornography and an additional 2 years imprisonment for
violating conditions of supervised release. Majeroni was also sentenced to a lifetime of
supervised release following his release from prison. Majeroni was convicted of possessing
child pornography after a two-day jury trial in September of last year, and Judge Singal found
after a hearing today that he had also violated conditions of release imposed as part of a prior
federal prosecution.According to evidence introduced at trial, in November of 2012, Majeroni’s federal
probation officer discovered a laptop computer in his apartment. The laptop was later found to
contain numerous child pornography images. The evidence at trial also established that
Majeroni had pleaded guilty in 2001 to possession of child pornography. Court records also
show that Majeroni pleaded guilty in 2008 to failing to register as a sex offender, for which he
was still on supervised release at the time of his most recent offense.The investigation was conducted by the United States Probation Office and the United
States Secret Service.Pittsburgh Man Charged with Producing, Possessing Child PornograhyRead the Press Release
PITTSBURGH - An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of production and possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
The four-count indictment, returned on Jan. 8, named George Orbin, 58, of Pittsburgh, Pa., as the sole defendant.
According to the indictment, on or about Dec. 10, 2011, June 10, 2013, and June 11, 2013, Orbin employed, used, persuaded, induced, enticed, and coerced minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of the sexual exploitation of the minors. The indictment further alleges that on or about Sept. 10, 2013, Orbin knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
The law provides for a maximum total sentence of 100 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Allegheny County District Attorney’s Office 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pennsylvania Woman Sentenced for Straw Gun Purchases; Firearms Later Used in Local CrimesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jacqueline Runyan, 48, of Bradford, PA, who was convicted of conspiracy to transport firearms purchased outside the state of residency, was sentenced to 12 months in prison by Chief U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on December 20, 2008, the defendant purchased two firearms, .40 caliber pistols, for co-defendant Juan Lopez. On December 30, 2008, Runyan purchased an additional two firearms, another .40 caliber pistol and a .22 caliber pistol.
Runyan was arrested in September 2012, along with Juan Lopez, Robert Reed, Trisha Amidon, Robert Johnson, Misty Mihalko, Amy Hollingsworth, and Brett Abrams. According to the indictment, Juan Lopez recruited co-defendants residing in Pennsylvania to purchase firearms for him in exchange for cocaine and money. As a convicted felon, Lopez was unable to purchase guns on his own, prompting the need for the straw purchases.
The Indictment further states that Lopez went to stores that sold guns in Pennsylvania with defendants Reed, Runyan, Amidon, Johnson, Mihalko, and Hollingsworth to select the firearms he wanted them to purchase. Lopez then brought the guns back to the Buffalo area, where they would then be used in drug related activities. Some of the firearms were recovered after being used in various crimes in Buffalo.
Defendants Juan Lopez, Misty Mihalko, Trisha Amidon, Robert Johnson, Amy Hollingsworth, and Brett Abrams have all been convicted. Charges are pending against Robert Reed. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
“This successful investigation closed a clandestine gun running operation by which firearms were illegally brought into this community,” said U.S. Attorney Hochul. “Law enforcement will continue to be diligent in identifying and prosecuting all such trafficking operations.”
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.Passenger Charged in Making Threats to Take Down AirplaneRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade County State Attorney, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announce today the filing of a criminal complaint charging Francisco Fernando Cruz, 22, a citizen of Brazil, with sending threatening emails claiming that a TAM Airline flight from Miami to Brasilia “will go down”.
According to the criminal complaint, on January 8, 2014, an e-mail was sent to MDPD as well as TAM Airlines. The content of the e-mail made a specific threat against a TAM Airlines Flight which was to depart on January 10, 2014, from Miami to Brasilia. The threat stated the following: “Flight must not take off. Targeted. It will go down. Retaliation. Cargo is dangerous. Be advised.”
U.S. Attorney Wifredo A. Ferrer stated, “Law enforcement remains ever vigilant for threats to domestic and international air travel. We will leave no stone unturned when a threat to the safety of air passengers is made and to ensure that justice is served.”
Miami-Dade State Attorney Katherine Fernandez Rundle stated, “The protection of our flying public depends on the skills and expertise of our federal, state, and local law enforcement team. This case shows that South Florida’s law enforcement professionals, working together like clockwork, will not let fear hamper our ability to travel and live our lives productively.”
“The FBI and its partners take threats of this nature very seriously,” said Michael B. Steinbach, Special Agent in Charge of FBI Miami. “Through the hard work of Miami Dade PD, Customs and Border Protection and the FBI’s Newark office, the flight was not disrupted.”
“Once again, the successful collaboration between federal, state, and local authorities yields an important indictment. The public safety of those traveling is paramount, and any threats made to disrupt it will be investigated without impunity,” said J.D. Patterson, Director, Miami-Dade Police.
MDPD was able to trace the origin of the e-mail and determined the e-mail originated from a computer at Montclair State University in Montclair, NJ. The university was able to capture video of the person that utilized the kiosk that sent the e-mail.
The following day, the email was resent, again with the threat. Law enforcement were able to identity Cruz as the sender of the two emails. Cruz traveled from New York to Miami and was scheduled to travel to Brasilia on the flight against which he made the threat.
If convicted, the defendant faces a statutory maximum of five years in prison and a $250,000 fine. The case is set for pretrial detention hearing on January 14, 2014 and for arraignment on January 24, 2014. Both hearings are scheduled for 10:00 a.m. before the duty magistrate.
Mr. Ferrer commended the investigative efforts of the FBI and MDPD. The case is being prosecuted by Assistant U.S. Attorneys Karen Gilbert and Jaime Galvin.
A complaint is only an accusation and the defendants are presumed innocent until proven guilty.
Attachment:
Complaint (PDF)
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.
Outlaws Motorcycle Club Member SentencedRead the Press Release
More organized crime dismantled in Marion County
INDIANAPOLIS - Joseph H. Hogsett, United States Attorney, announced today that Jamie Bolinger, a/k/a Jammer, 36, Martinsville, Indiana, was sentenced to prison today by U.S. District Judge Tanya Walton-Pratt for his role in illegal activity involving the Outlaws Motorcycle Club.
Bolinger, a member of the Outlaws, was sentenced to 102 months imprisonment following his guilty plea to the offenses of Racketeer Influenced and Corrupt Organization ("RICO"), along with gambling, wire fraud, extortion, witness tampering, bankruptcy fraud, and drug trafficking offenses.
“This Office is committed to ending organized crime in Indianapolis, and Judge Walton-Pratt made clear today the serious consequences of participating in gang activity in this city,” Hogsett said. “We hope these sentences send a loud message across the state: if you are peddling guns, drugs and violence on our streets, federal law enforcement is coming for you.”
In an eighty-six page, 49-count charging document filed in July 2013, it is alleged that members of Indianapolis OMC engaged in organized criminal activity in Indianapolis and across the state. The indictment charged 51individuals associated with the Outlaws with a wide variety of offenses, including racketeering, mail fraud, money laundering, extortion, drug charges, wire fraud, witness tampering, and operating an illegal gambling operation.
According to Senior Litigation Counsel Bradley A. Blackington, who prosecuted Bolinger, this case was the result of an investigation by the Federal Bureau of Investigation’s, Safe Streets Task Force.
Bolinger was also sentenced to five years of supervised release, the conditions of which include random urinalysis and random searches of his person, vehicle, and residence by probation officers. The conditions of supervised release also forbid Bolinger from affiliating with members of motorcycle clubs and gangs, including the Outlaws.
Oregon U.S. Attorney's Office Collects More Than $32 Million for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
PORTLAND, Ore. - U.S. Attorney Amanda Marshall announced today that the District of Oregon collected more than $32 million for U.S. taxpayers during Fiscal Year 2013. This total included:
- $26,579,155.45 collected in criminal actions
- $371,698.67 collected in civil actions
- over $5,700,000 collected in forfeiture actions arising out of drug trafficking and fraud prosecutions
Additionally, Oregon worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $794,100 in cases pursued jointly with these offices. Of this amount, $26,745 was collected in criminal actions and $767,355 was collected in civil actions.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $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.”
“The U.S. Attorney’s Office in Oregon is critical in recovering funds for victims of crime,” said U.S. Attorney Amanda Marshall. “My office places a high priority on recovering the proceeds of crime and returning those funds to the victims.” This past year, the District of Oregon recovered $23 million in a single case in cooperation with the Bankruptcy court, arising out of the criminal fraud case against four former owners of Summit Accommodators, operating out of Bend, Oregon. The entire amount was returned to the victims who were clients of the Summit group.
Other cases involving significant collections during the past fiscal year include:
- U.S. v. David Gilbert, who pled guilty to conspiracy to commit bank fraud and was ordered to pay $2,177,603.31 restitution. The Financial Litigation Unit issued numerous writs of execution on various bank accounts and has collected over $680,000 to date for victims.
- As part of her sentence, Judith Eubank was ordered to pay $333,903.25 in restitution to Social Security and Oregon Department of Human Services after her guilty plea to the crime of theft of government funds. Her plea agreement included a payment of $100,000 toward restitution at sentencing.
- In the case of U.S. v. Geoffrey Montani , the defendant pled guilty to wire fraud and was ordered to pay $1,492,545.74 restitution. As part of the plea agreement, defendant paid $50,000 towards restitution prior to sentencing and another $76,458.97 was collected through garnishment by the Financial Litigation Unit.
In addition to the highlighted cases above, which involved large lump sum payments, most of the funds collected in the District of Oregon were obtained through the focused process of reviewing every defendant’s case for assets. The successful collection comes after pursuing those assets through filing of liens, issuing writs of garnishment on bank accounts, retirement accounts, pensions and wages, and issuing writs of execution on real and personal property. Also, working with the Asset Forfeiture Unit, $31,867 was recovered from forfeited funds and applied to restitution for victims.
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.
Additionally, the U.S. Attorney’s office in Oregon working with partner agencies and divisions,collected $5,770,000 in asset forfeiture actions in FY 2013. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Oldham County Man Sentenced to 18 Months in Prison for Bank FraudRead the Press Release
– Ordered to pay $114,936.98 in restitution
LOUISVILLE, Ky. – An Oldham County, Kentucky man was sentenced to 18 months in prison and ordered to pay a $114,936.98 in restitution yesterday, by U.S. District Court Judge John G. Heyburn II, for defrauding five banks located in Oldham County announced David J. Hale, United States Attorney for the Western District of Kentucky.
James Distler, age 45, pleaded guilty to a five count federal grand jury indictment on September 20, 2013. The charges included three counts of bank fraud and two counts of wire fraud.
In court, Distler admitted to opening bank accounts, under false names, between August 2009 and November 2011, to negotiate and attempt to negotiate worthless checks totaling nearly $115,000.
According to the plea agreement, between August and December of 2009 Distler opened a bank account in the name of Air Vegas at Bank of America in Oldham County, Kentucky, and then knowingly used the bank account to negotiate and attempt to negotiate worthless checks totaling $78,845. Between June and July of 2010 Distler opened a bank account in the name of Express Jet at U.S. Bank in Oldham County and then knowingly used U.S. Bank's check processing company, Elavon, Inc., to negotiate and attempt to negotiate worthless checks totaling $40,778.51. During the course of the scheme he caused an interstate wire communication between Knoxville, Tennessee, and Oldham County, Kentucky. Then, between July and August of 2010 Distler opened a bank account in the name of Express Jet at Capital One Bank in Oldham County, and then knowingly used the bank account to negotiate and attempt to negotiate worthless checks totaling $18,302. Between July and August of 2010 James Distler opened a bank account in the name of Express Jet at Old National Bank in Oldham County, and then knowingly used the bank account to negotiate and attempt to negotiate worthless checks totaling $16,756. Lastly, between November 2010 and January of 2011 Distler opened a bank account in the name of Ejet Solutions at PNC Bank in the name of Ejet Solutions and then used the account to negotiate payments processed by Erentpayment, LLC, to negotiate and attempt to negotiate worthless rent payments totaling $16,380. During the course of the scheme he caused an interstate wire communication between Denver, Colorado, and Oldham County, Kentucky.
This case was prosecuted by Assistant United States Attorney Bryan Calhoun and was investigated by the United States Secret Service.
Ohio Man Sentenced to 35 Months in Prison for June 2013 Incident at White House ComplexDefendant Hoped to Spray-Paint the White House, Crashed Unattended Jeep in Hopes of Diverting Law EnforcementRead the Press Release
WASHINGTON - Joseph Clifford Reel, 33, of Kettering, Ohio, was sentenced today to 35 months in prison on a federal charge stemming from an incident in which he rigged his Jeep to travel, unattended, toward the White House.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office of the U.S. Secret Service.
Reel pled guilty in October 2013 in the U.S. District Court for the District of Columbia to a charge of assaulting, impeding, intimidating, and interfering with an officer or employee of the United States with a dangerous weapon. The plea agreement, which was contingent upon the Court’s approval, called for Reel to be sentenced to 35 months of incarceration, to be followed by three years of supervised release. The plea agreement also called for Reel to pay $5,345 in restitution to the U.S. Park Service for the damage he caused in the incident. The Honorable Rudolph Contreras accepted the plea agreement today and sentenced Reel accordingly.
According to a statement of offense, signed by the defendant as well as the government, Reel left his residence in Ohio on June 6, 2013, in his 2008 Jeep Patriot, heading to Washington, D.C. for the purpose of spray-painting the “Don’t Tread on Me” snake on the White House residence, believing the action would lead others to “stand up against government.”
On June 9, 2013, shortly after 3 a.m., Reel rigged his Jeep to crash into the White House complex. The vehicle was traveling at about 40 mph upon impact.
Reel, who was not in the Jeep, had affixed a wooden block to the accelerator and reached into the vehicle to shift it into drive. The vehicle, which Reel had parked on Pennsylvania Avenue near the White House, then began moving toward the White House complex, specifically, a Secret Service guard post. At the time, an officer was on-duty and inside the guard booth. At collision, the Jeep hit a light post, a steel bollard, and a steel bike rack, causing $5,345 in damage to property of the U.S. Park Service.
Just before he set the Jeep in motion, Reel called 911 and warned that something was about to be staged at the White House. He made the call in hopes of causing members of law enforcement to convene at the White House complex, intending to create a distraction that would increase his chances of gaining access to the White House residence and spray-painting the “Don’t’ Tread on Me” snake on the building. Instead, Reel was arrested inside the White House Complex, within minutes of the Jeep’s impact.
As part of the investigation, law enforcement searched the Jeep and found hundreds of rounds of ammunition, eight knives of various sizes, two machetes, a hand-held spotting scope, and other items. A spray-paint can was found on the White House complex grounds, near the area where Reel was apprehended.
Reel has been in custody since his arrest.
“Joseph Reel is lucky to be alive after his terribly dangerous decision to launch his unmanned Jeep at a Secret Service guard post in the hopes of causing a distraction that would allow him to spray-paint a political message on the side of the White House,” said U.S. Attorney Machen. “Reel now faces three years behind bars because of his foolish behavior. This prosecution should send a clear message to individuals considering political stunts that risk the safety of public servants seeking to protect our national treasures.”
In announcing the sentence, U.S. Attorney Machen commended the work of the Secret Service, which swiftly responded to the incident and investigated the case. He also expressed appreciation for the assistance provided by the Metropolitan Police Department (MPD) and the Dayton Resident Agency of the FBI’s Cincinnati Field Office. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Legal Assistants Ashley Kellam and Donice Adams, Paralegal Specialist Selena Zuhoski, and Assistant U.S. Attorney Maia L. Miller, who prosecuted the case.
14-005Navy Pharmacy Technicians SentencedRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announces that Anthony David Olson, 53, of Mauk, Georgia, was sentenced on Thursday, January 9, 2014, to serve 55 months imprisonment for the crimes of conspiracy to commit wire fraud and filing a false tax return. Olson’s codefendant, Patrick Edward Keefe, 34, of Dayville, Connecticut, was sentenced on the same date to serve 33 months imprisonment for the crime of conspiracy to commit wire fraud. The sentences were handed down by the Honorable W. Louis Sands, United States District Court Judge, in Albany, Georgia.
Both defendants entered pleas of guilty to the charges on September 27, 2013. In their plea agreements, Mr. Olson and Mr. Keefe admitted that from approximately 1999 to 2009, they were active duty sailors or otherwise employed by the United States Navy. Mr. Olson was assigned to work as a pharmacy technician at the Naval Branch Medical Clinic located on the Marine Corps Logistics Base (MCLB) in Albany, Georgia. Mr. Keefe was a pharmacy technician at the Naval Hospital located in Groton, Connecticut. The pair stole insulin and diabetic test strips and sold them to an unlicensed drug wholesaler in Florida. Payments for the products were delivered by electronic funds transfers or credit card payments. These actions were a continuation of a scheme begun by Mr. Olson in approximately 2001 while assigned to another naval hospital. Mr. Olson recruited Mr. Keefe into the scheme in approximately 2002. PayPal records show that from January 2005 through October 2009, Mr. Olson received approximately $1,037,458 for insulin and diabetic test strips which he and Mr. Keefe had stolen from their respective pharmacies. From that amount, he paid Mr. Keefe approximately $241,849. In addition, Mr. Keefe admitted that he filed false tax returns for tax years 2005 – 2009, leaving taxes due and owing to the IRS in the amount of $191,808.In imposing the sentences, Judge Sands noted that the defendants’ actions involved a reckless risk of death or serious bodily injury to diabetics, as the stolen insulin was not properly refrigerated by the unlicensed wholesaler.
United State Attorney Moore stated, “Mr. Olson and Mr. Keefe betrayed the trust of the United States Navy when they stole and sold essential diabetic medical supplies and tried to line their own pockets. Their conduct is inexcusable and has been justly punished.”
"NCIS is committed to safeguarding Department of the Navy personnel and resources that are intended to provide for the well-being of our Sailors and Marines. Theft schemes that degrade the readiness of America's war fighters are unacceptable," stated Special Agent in Charge Andrew P. Snowdon, NCIS Southeast Field Office.
“Olson and Keefe exploited their positions for their own personal financial gain at the expense of the American taxpayers,” stated Veronica F. Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “At the IRS, protecting taxpayer money is a matter we take extremely seriously. We are pleased to have been instrumental in the prosecution of Olson and Keefe for their crimes."
The case was investigated by the Naval Criminal Investigative Service and the Internal Revenue Service, Criminal Investigation. The case was prosecuted by Assistant United States Attorney Alan Dasher.
For additional information please contact Pamela Lightsey, Public Information Officer, United States Attorney’s Office at (478) 621-2603.
Mobile Woman Sentenced in the Preparation of Fraudulent Tax ReturnsRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that on January 7, 2014, Deborah Jefferson was sentenced to 5 years of Probation by Chief Judge William H. Steele on her conviction of one count of Procuring False Tax Returns.
The Indictment alleged that Deborah T. Jefferson aided tax filers in filing false tax returns, which included dependents, Earned Income and Child Tax Credits, and misstated income and withholdings.
Jeffersonoperated a tax return preparation business which aided tax payers in the preparation and electronic filing of their income tax returns. In some instances, returns prepared or filed by Jefferson contained the names and social security numbers of fictitious dependents. The addition of fake dependents enabled the taxpayer to claim additional personal exemptions and to qualify for Earned Income and Child Tax Credits. Jefferson charged a fee for preparing and electronically filing tax returns.
The case was investigated by the Internal Revenue Service. The case is being prosecuted by AUSA Vicki M. Davis.
Mobile Man Sentenced to Serve 84-Months in Prison for A Federal Firearms OffenseRead the Press Release
Kenyen R. Brown, United States Attorney for the Southern District of Alabama announced that Gabriel James Shamburger, age 25, of Mobile, Alabama, was sentenced today by United States District Judge Kristi DuBose to serve 84 months in federal prison in connection with his guilty plea to being a felon in possession of a firearm – which was described in the indictment as a Bryco Arms 9mm semi-automatic pistol, model Jennings Nine -- in violation of Title 18, United States Code, Section 922(g)(1).
This case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case will be prosecuted by Donna B. Dobbins of the United States Attorney=s Office for the Southern District of Alabama.
Metairie Man, Dorvin Echeverria-zeledon, Charged with Crimes Involving the Sexual Exploitation of ChildrenRead the Press Release
DORVIN ECHEVERRIA-ZELEDON, age 24, of Metairie, Louisiana, was charged in a one-count indictment today for crimes involving the sexual exploitation of children, announced United States Attorney Kenneth Allen Polite, Jr.
If convicted, ECHEVERRIA-ZELEDON faces up to a maximum of twenty (20) years in prison, followed by up to a life term of supervised release, and a $250,000 fine. He can also be required to register as a sex offender.
United States Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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 (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case is being investigated by special agents from the Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant United States Attorney Jordan Ginsberg.
(Download Indictment )
Member of an International Ethnic-Albanian Organized Crime Syndicate Sentenced to 115 Months for Drug Trafficking and Attempting to Assassinate Criminal Associate over Drug DebtRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Bajram Lajqi, a member of an international drug trafficking syndicate led by ethnic Albanians located in the United States, Canada, and Europe (the “syndicate”), was sentenced to 115 months in prison -- with credit for the 31 months he has already served -- following his June 27, 2013, guilty plea to trafficking hundreds of pounds of marijuana from Canada and using a firearm in connection with drug trafficking. As a part of the sentence, the court also imposed a term of supervised release of five years.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Brian R. Crowell, Special Agent-in-Charge of the Drug Enforcement Administration, New York (DEA); and James T. Hayes, Jr., Special Agent-in-Charge, Homeland Security Investigations (HSI), New York.
“To Lajqi and his syndicate, the U.S. was the ultimate destination for their deadly mix of narcotics and violence. Lajqi in particular exemplifies the violence tied to large-scale narcotics trafficking, as his drug-fueled quest for revenge led him to gun down a rival outside a Bronx restaurant without regard for the safety of the innocent bystanders around him,” stated United States Attorney Lynch. “We will continue to vigorously prosecute those who would lay waste to the streets of our communities with drugs and violence.”
The syndicate was comprised of several inter-related ethnic Albanian family clans (also known as “fis”), with hundreds of associated members, workers, and customers spanning three continents. In operation for more than a decade, the syndicate was responsible for organizing the importation and distribution of tens of thousands of kilograms of hydroponic marijuana from Canada and Mexico, substantial quantities of MDMA from the Netherlands and Canada, hundreds of kilograms of cocaine from Mexico, Colombia, Venezuela, and Peru, and large quantities of diverted prescription pills, such as oxycodone. The drugs were distributed in various locations in the United States, including New York, California, Georgia, Colorado, and Florida, as well as in Canada and Europe. During the course of the investigation, federal agents seized more than 1,200 pounds of marijuana, approximately $2,000,000 in suspected drug proceeds, 22 handguns, a military/police-issue assault rifle and hundreds of rounds of ammunition. To date, 49 members and associates of the syndicate have been convicted in this case.
On June 4, 2011, an escalating dispute between Bajram Lajqi and another syndicate member over the payment of a drug debt led to Lajqi stalking the victim for several hours before Lajqi pulled out a firearm and attempted to murder the victim inside a crowded Bronx restaurant-bar. The victim escaped temporarily, but Lajqi chased him into the street and repeatedly shot him, resulting in serious wounds.
Ms. Lynch expressed her grateful appreciation to the DEA’s New York Organized Crime Drug Enforcement Strike Force, DEA Special Operations Division, the Department of Justice Office of International Affairs, DEA Newark Division, DEA Denver Division, DEA Miami Division, DEA Albany District Office, DEA Rome Country Office, HSI attache in Vienna, HSI attache in Toronto, HSI Albany Office, HSI Denver Office, HSI Newark Office, HSI Miami Office, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York City Police Department, the Monmouth County (New Jersey) Prosecutor’s Office, the Westchester County District Attorney’s Office, and the New York Attorney General’s Office for their assistance.
The sentencing proceeding was held before U.S. District Judge Dora L. Irizarry.
The government’s case is being prosecuted by Assistant United States Attorneys Steven Tiscione, Gina Parlovecchio, and Claire Kedeshian.
The Defendant:
BAJRAM LAJQI
Age: 38
McAllen Area Ambulance Company Owner Charged with Multiple Health Care Fraud AllegationsRead the Press Release
McALLEN, Texas ‐ The owner of a McAllen area ambulance transportation company has turned himself into federal authorities following the return of a federal indictment alleging a scheme to defraud Medicare and Texas Medicaid through fraudulent billings, announced United States Attorney Kenneth Magidson and Texas Attorney General Greg Abbott.
Victor Gonzalez, 26, of Mission, was charged in a sealed indictment, returned Jan. 8, 2014. The nine-count indictment was unsealed as he surrendered this morning. He made his initial appearance before U.S. Magistrate Judge Peter Ormsby today, at which time he was ordered into custody pending a detention hearing set for Jan. 15, 2014, at 9:00 a.m.
Gonzalez, the owner of Vic’s Texas Transport Inc. (dba Victory EMS), is charged with five counts of health care fraud, three counts of aggravated identity theft and one count of mail fraud.
The indictment alleges that from December 2010 to February 2013, Gonzalez submitted false and fraudulent claims to Medicare and Texas Medicaid for ambulance transportation services in the McAllen area that were not provided. In the submission of false and fraudulent billings, Gonzalez also allegedly stole the identity of a beneficiary.
According to allegations in the indictment, Gonzalez sent or caused others to send approximately 621 false and fraudulent claims totaling approximately $545,054 to Medicare and Texas Medicaid for ambulance transportation services. The billings were allegedly false and fraudulent because none of the patients were transported by ambulance as claimed, according to the indictment. As a result of the claims, Medicare and Texas Medicaid allegedly paid out $339,730.26.
The indictment also alleges that to conceal his fraud, phony ambulance transportation records were created, and Gonzalez illegally used the identities of patients on his unlawful billings.
Each of the five counts of health care fraud carries a maximum punishment of 10 years in federal prison upon conviction, while mail fraud carries a maximum punishment of 20 years. Both convicted also carry as possible punishment a $250,000 fine. If convicted of aggravated identity theft, Gonzalez will be ordered to serve a mandatory two‐year additional prison term which must be served consecutive to any other prison sentence imposed.
The investigation leading to the charges was conducted by the U.S. Department of Health and Human Services‐Office of Inspector General and the Texas Attorney General’s Medicaid Fraud Control Unit. Special Assistant United States Attorney Michael Day is prosecuting the case.
A defendant is presumed innocent unless convicted through due process of law.Maryland Man Sentenced to 15 Years in Prison for 2013 Murder in Southwest Washington-Defendant Fired Shotgun, Hitting Unintended Victim-Read the Press Release
WASHINGTON – William Hogan, 28, of Oxon Hill, Md., was sentenced today to a prison term of 15 years for killing a man last year in Southwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Hogan pled guilty in November 2013, in the Superior Court of the District of Columbia, to second-degree murder while armed. He was sentenced by the Honorable Ronna L. Beck. Upon completion of his prison term, Hogan will be placed on five years of supervised release.
According to the government’s evidence, on Sept. 17, 2013, at about 10 p.m., Hogan was in a courtyard in the 100 block of Irvington Street SW. He had engaged in an earlier conflict with individuals in the area, and had armed himself with a loaded shotgun. Hogan walked out of the courtyard and approached the victim, Robert Spencer, 21, and another individual who was in the area. Hogan pointed the shotgun, made a comment, and then fired one shot that hit Mr. Spencer. Mr. Spencer died as a result of numerous gunshot wounds, as the shotgun was loaded with buckshot. Hogan then fled the area and discarded the weapon.
Hogan was arrested Sept. 29, 2013 and interviewed by detectives with the Metropolitan Police Department (MPD). He told police that he shot Mr. Spencer and that he discarded the shotgun after the murder. By all accounts, Mr. Spencer was not the target of the earlier conflict that took place in the area, and by Hogan’s own admission, he was not his intended target.
In announcing the sentence, U.S. Attorney Machen commended those who worked on the case from the MPD. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Lara Worm, who prosecuted the matter.
14-008Manhattan U.S. Attorney Charges Member of Bronx Narcotics Organization with MurderRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Thomas J. Cannon, the Special Agent-in-Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and William J. Bratton, the Police Commissioner for the City of New York (“NYPD”), announced today the filing of a Superseding Indictment in Manhattan federal court charging CATHERINE MORALES, a member of a drug trafficking organization (the “Organization”) that operated in the Bronx, with narcotics trafficking, firearms use and possession, and murder. MORALES was arraigned yesterday before United States District Judge Richard J. Sullivan.
MORALES was previously charged in an Indictment with narcotics trafficking and firearms offenses, and was arrested by federal authorities in August 2013 in Philadelphia, Pennsylvania. She was subsequently brought to Manhattan federal court in September 2013, to face those charges in the Southern District of New York. Co-defendants Adony Nina and Candido Antomattei, leaders of the Organization, were convicted of narcotics trafficking and firearms charges following a trial in October 2013. Nine other members of the Organization have pleaded guilty to various federal narcotics and firearms charges.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Catherine Morales not only operated within a web of traffickers that spread dangerous drugs in our Bronx neighborhoods, she personally participated in the drug gang’s violence, including murdering a young woman by shooting her in the head. With this superseding indictment, she will be made to answer for her alleged conduct. This investigation and prosecution serves as a perfect example of how federal authorities, working with our local law enforcement partners, can make our streets and communities safer and free from violence.”
ATF Special Agent-in-Charge Thomas Cannon said: “The Morales indictment is a prime example of exemplary investigative work coupled with a balanced and focused prosecution. The investigation – initiated with a single arrest for weapons possession – has grown to approximately a dozen defendants and has uncovered a variety of criminal acts, including armed narcotics trafficking and homicide. I commend the ATF Agents and NYPD Detectives along with the prosecution team that have remained steadfast in their pursuit for justice. I know that the people of New York, especially those residing in the 41st precinct in the Bronx, echo my sentiments.”
NYPD Commissioner William J. Bratton said: “I would like to commend the investigators for their hard work and dedication in bringing this suspect to justice.”
According to the allegations in the Superseding Indictment filed in Manhattan federal court, other publicly filed documents, and statements made in court at MORALES’s arraignment and throughout the pendency of the case:
From 2008 through 2013, the Organization’s members sold crack cocaine and heroin, among other drugs, primarily in the vicinity of Longwood Avenue, and Beck, Kelly, and Simpson Streets in the Bronx. MORALES was involved primarily in the sale of heroin in the vicinity of Simpson and East 163rd Streets.
During and in relation to MORALES’s participation in the drug trafficking conspiracy, MORALES fatally shot victim Aisha Morales, who was 21 at the time of her death, in the head. The shooting took place in the vicinity of 1018 East 163rd Street, and was sparked by a drug-related dispute.
MORALES, 28, of Bronx, New York, is charged with one count of conspiring to distribute and possess with the intent to distribute crack cocaine and heroin, which carries a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison; one count of possessing firearms that were brandished and discharged, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; one count of using firearms to cause the death of another person during and in relation to the narcotics conspiracy, which carries a potential maximum sentence of life in prison, and one count of intentionally killing an individual while engaged in the narcotics conspiracy, which carries a mandatory minimum sentence of 20 years in prison, and a potential maximum sentence of life in prison.
Mr. Bharara praised the outstanding investigative work of the ATF and the NYPD, and added that the investigation is continuing.
The prosecution is being handled by the Office’s Violent Crimes Unit. Assistant U.S. Attorneys Christopher DiMase and Sarah Krissoff are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Catherine Morales S9 Indictment
Leader of Lawrence County Drug Ring SentencedRead the Press Release
PITTSBURGH - Two residents of New Castle, Pa., were sentenced in federal court today. Christopher Klingensmith was sentenced to 17 and ½ years incarceration and James Cracraft was sentenced to 37 months incarceration, to be followed by 3 years supervised release, on their convictions of violating the narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Arthur J. Schwab imposed the sentences on Christopher Klingensmith, 39, and James Cracraft, 39.
According to information presented to the court, between September 2008 and June 2011, a drug ring operated in the New Castle area, selling highly-addictive narcotic pills containing oxycodone on the street to drug users. Larry Dorsey, a former New Castle resident who was living in Florida during the conspiracy, was the supplier for Klingensmith and Cracraft and others charged in this indictment. Klingensmith was the leader of the drug organization in New Castle, and Cracraft was a distributor. Eleven individuals were charged in the drug conspiracy, and all have pleaded guilty. Four of the co-conspirators were relatives of Christopher Klingensmith, including his father, a brother, and a sister.
Nearly 50,000 oxycodone pills were sold during the conspiracy. The evidence showed that the oxycodone purchased for $9 a pill in Florida was being resold in New Castle for up to $25 a pill.
Assistant United States Attorney Gregory J. Nescott prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Drug Enforcement Administration, the New Castle Police, and the Pennsylvania State Police for the investigation leading to the successful prosecution of Christopher Klingensmith and James Cracraft.
Kapolei Man Convicted of Methamphetamine TraffickingRead the Press Release
HONOLULU – After a three-day trial in United States District Court in Honolulu, a federal jury today found Ernesto Hernandez, 51, of Kapolei guilty of conspiring to distribute and possess, with intent to distribute, 50 grams or more of methamphetamine from April to May, 2013 as well as possessing methamphetamine with the intent to distribute.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that the evidence presented at trial showed that Hernandez agreed with other individuals to distribute methamphetamine that was sent from California, via express mail service, to Honolulu in early May 2013. The evidence also established that Hernandez arranged the shipment of 213 grams of pure methamphetamine which was intercepted at the Honolulu Airport on May 7, 2013 by Federal Express security personnel. Hernandez was also found to be in possession of methamphetamine, with the intent to distribute, when the Drug Enforcement Administration executed a search warrant at a Kapolei residence on May 8, 2013.
Hernandez faces up to life in prison with a mandatory minimum ten year term of imprisonment when he is sentenced by U.S. District Judge J. Michael Seabright on April 28, 2014.
The investigation which resulted in the charges in the case was conducted by the Drug Enforcement Administration and Hawaii Airport Task Force.
Assistant U.S. Attorney Mark A. Inciong handled the prosecution.
Justice Department Issues Statement on U.S. District Court Ruling That <br /> Bazaarvoice’s Acquisition of PowerReviews Violated Antitrust LawsRead the Press Release
Assistant Attorney General Bill Baer in charge of the Department of Justice’s Antitrust Division made the following statement today after the U.S. District Court for the Northern District of California found that Bazaarvoice Inc. violated Section 7 of the Clayton Act by acquiring its primary rival, PowerReviews Inc:“By acquiring its only significant rival, Bazaarvoice deprived its customers of the benefits of competition. We are pleased that the court, after carefully weighing all of the evidence, agreed with the Justice Department that Bazaarvoice’s acquisition of PowerReviews was likely to extinguish price competition and substantially diminish the pace of innovation in the market for product ratings and reviews platforms.
“As shown during trial, Bazaarvoice executives clearly intended to eliminate competition by acquiring PowerReviews. Consistent with Bazaarvoice’s own pre-merger view of the marketplace, the evidence presented at trial demonstrated that PowerReviews was a significant threat to Bazaarvoice and that other rivals are poorly positioned to fill the competitive void created by the merger.
“I am proud of the excellent work done by the trial team on behalf of U.S. consumers. As today’s decision reaffirms, anticompetitive transactions that are not reported to federal agencies will not receive a free pass from antitrust scrutiny.”
Background
On Jan.10, 2013, the department filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of California against Bazaarvoice. The department alleged that Bazaarvoice’s June 2012 acquisition of PowerReviews eliminated the company’s only significant rival, in violation of the antitrust laws.
Bazaarvoice’s acquisition of PowerReviews was not required to be reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, which requires companies to notify and provide information to the department and the Federal Trade Commission before consummating certain acquisitions. The department began its investigation shortly after the transaction closed.
The department’s trial against Bazaarvoice, which was overseen by Judge William Orrick, began on Sept. 23, 2013. The trial lasted three weeks, with closing arguments taking place on Oct. 15, 2013. The court scheduled a hearing on Jan. 22, 2014, to discuss procedures for the remedy phase of the litigation.
Jury Finds Fresno Man Guilty of Mortgage Fraud SchemeRead the Press Release
FRESNO, Calif. — After a four-day trial, a federal jury announced it had reached a verdict at 5:15 p.m., United States Attorney Benjamin B. Wagner announced.
The jury found Randy Lee Wilkins, 47, of Gilroy, guilty on all counts in connection with a mortgage fraud scheme: one count of conspiracy to commit wire fraud and bank fraud, three counts of bank fraud, and three counts of wire fraud. United States District Judge Lawrence J. O’Neill committed Wilkins into custody immediately following the jury verdict.
According to court documents and evidence presented at trial, between April 2006 and May 2007, Wilkins conspired with a business partner, Joseph George Tkac, and another individual to fraudulently obtain mortgages for three houses in Fresno on E. Ashlan, S. Phillip, and N. Adoline Avenues. Wilkins and his partners carried out the scheme through a business called JR Properties & Investments. They also obtained a home equity line of credit on one of the houses.
Wilkins had applications for the home loans submitted in Tkac’s name, who had better credit. The loan applications contained false statements concerning Tkac’s income, assets, liabilities, and intent to occupy the properties as his personal residence. Although the loans were taken out in Tkac’s name, the properties were later transferred to JR Properties and Investments.
In addition to obtaining the loans from financial institutions based on false statements and misrepresentations, Wilkins received kickbacks funded by loan origination fees and other charges. The proceeds from the home equity line of credit, and other funds received through the scheme, ended up in either the JR Properties and Investments bank account or in a personal account controlled by Wilkins. Notably, the kickbacks were not disclosed to the lending institutions on the HUD-1 settlement statements as required.
According to evidence presented at trial, Wilkins used the loan proceeds for his living expenses and to gamble at a local casino. For several months Wilkins made payments on the real estate loans to the lenders. Ultimately, however, he stopped making payments and the properties went into foreclosure. As a result of Wilkins’s conspiracy and scheme to defraud, the lenders on the home loans suffered more than $615,000 in losses.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Kirk E. Sherriff and Grant B. Rabenn are prosecuting the case.
Wilkins is scheduled to be sentenced on March 24, 2014 by United States District Judge Lawrence J. O’Neill. Wilkins faces a maximum sentence of 30 years in prison and a $1 million fine on each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tkac previously pleaded guilty to conspiracy to commit mail fraud and bank fraud for his involvement in this scheme. He is scheduled to be sentenced on February 24, 2014. (Case no. 1:10-cr-00152 LJO).
Irish National Sentenced to Serve 14 Months in Prison for Trafficking of Endangered Rhinoceros HornsRead the Press Release
Michael Slattery Jr., an Irish national, was sentenced in federal court in Brooklyn, N.Y., today to serve 14 months in prison to be followed by three years of supervised release, for conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Loretta E. Lynch for the Eastern District of New York, and Director Dan Ashe of the U.S. Fish and Wildlife Service. Slattery was also sentenced to pay a $10,000 fine and forfeit $50,000 of proceeds from his illegal trade in rhino horns.
Slattery was arrested in September 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in trafficking raw rhinoceros horns from Texas to customers in New York. Slattery was sentenced today by U.S. District Judge John Gleeson of the Eastern District of New York.
“Mr. Slattery is today being held accountable for his participation in the illegal trade in wildlife species and products, which threatens the very existence of highly-endangered rhino species,” said Acting Assistant Attorney General Dreher. “We will continue this active and ongoing investigation and wish to send a clear message to buyers and sellers that we will vigorousl y prosecute those who are involved in this devastating trade.
“We take seriously our obligation to protect these links to the Earth’s prehistoric past,” said U.S. Attorney Lynch. “Michael Slattery’s actions were part of the exploitation and decimation of these animals from their only known predator – man. He is now being held to account for his actions in furthering this devastating trade.”
“We’re reaching a tipping point, where the unprecedented slaughter of rhinos and elephants happening now threatens the viability of these iconic species’ wild populations in Africa,” said Director Ashe. “This slaughter is fueled by illegal trade, including that exposed by Operation Crash. We will continue to work relentlessly across the United States government and with our international partners to crack down on poaching and wildlife trafficking.”
According to the information, plea agreement and statements made during court proceedings:
In China and Vietnam, rhinoceros horns are highly prized because they are believed to have medicinal value. The escalating value of the horns has resulted in an increased demand that has helped fuel a thriving black market.
In pleading guilty, Slattery admitted to participating in a conspiracy to travel to and within the United States to purchase rhinoceros horns, which he, along with others, then resold to private individuals or consigned to auction houses in the United States, knowing that the interstate purchase and sale of the horns was illegal. Due to their dwindling populations, all rhinoceros species are protected under international trade agreements.
Rhinoceros are a herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s Fish and Wildlife Service (FWS) in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
The investigation was handled by the U.S. Fish & Wildlife Service, the U.S. Attorney’s Office for the Eastern District of New York and the Justice Department’s Environmental Crimes Section. Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 8, 2014, and entering pleas of Not Guilty were:
- JEFFREY NOENNIG, a 48 year-old resident of San Diego, California appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, NOENNIG faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
- JOSHUA PETERSON, a 45 year-old resident of Prescott, Arizona appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, PETERSON faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
Appearing before U.S. Magistrate Judge Ostby in Billings on January 9, 2014, and entering pleas of Not Guilty were:
- JAMES M. CRITTENDEN, a 49-year-old resident of Billings appeared on charges of bank fraud, wire fraud, bankruptcy fraud and mail fraud. If convicted, CRITTENDEN faces possible penalties of 30 years in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Billings Police Department.
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, if any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Guilty Plea in Counterfeit Viagrar and Cialisr CaseRead the Press Release
HOUSTON - Mohammad Jamal Rashid, 45, has pleaded guilty to one count of conspiracy related to the illegal importation and attempted trafficking of counterfeit drugs and one count of receiving and delivering misbranded drugs, announced United States Attorney Kenneth Magidson along with Special Agent in Charge Brian Moskowitz of Homeland Security Investigations (HSI) and Resident Agent in Charge Tommy R. Hennesy from the Food and Drug Administration – Office of Criminal Investigations (FDA-OCI).
“This conviction is the culmination of a multi-agency effort to prevent the smuggling and distribution of counterfeit pharmaceuticals across international borders,” said Moskowitz. “This will serve as a reminder to those that choose to engage in illegal activity and endanger the public - that HSI will use all of its resources to identify, investigate and dismantle these criminal networks wherever they operate.”
Rashid, a legal permanent resident originally from Pakistan and residing in Houston, admitted he conspired to illegally import counterfeit and misbranded Viagra® and Cialis® to his home in Houston under a false name and with a false declaration waybill. A total of 3,200 counterfeit Viagra® and 4,000 counterfeit Cialis® were sent to the defendant’s home from China in open foil blister packs without packaging or labels.
Although the drugs sent to Rashid looked authentic, testing conducted by the FDA, Pfizer and Eli Lilly confirmed the drugs were not authentic and were in fact counterfeit and misbranded. The tablets had inconsistencies in physical appearance and packaging. Additionally, the counterfeit Viagra® had less of Pfizer’s active pharmaceutical ingredient than the 100 mg stated on the foil pack, while the counterfeit Cialis® did not contain any of Eli Lilly’s active pharmaceutical ingredient.
“Distributing counterfeit and misbranded drugs puts the health of the public at risk,” said Hennesy. “The FDA will take firm action to protect unsuspecting consumers from products that are deceptive and could be dangerous to their health.”
U.S. District Judge David Hittner, who accepted the plea, has set sentencing for April 7, 2014. At that time, Rashid is facing a possible punishment is up to five years in prison and a $250,000 fine for the conspiracy conviction and a maximum of three years and a $10,000 fine for receiving and delivering the misbranded drugs into interstate commerce.
Previously released on bond, Rashid was taken into custody following the hearing today where he will remain pending sentencing.
The investigation into Rashid was conducted by HSI and FDA-OCI. Assistant United States Attorney Julie Redlinger is prosecuting the case.
Guam and NMI U.S. Attorney’s Office Collects $575,199.11 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
(Hagatna, Guam) - U.S. Attorney ALICIA A.G. LIMTIACO announced today that the Districts of Guam and the Northern Mariana Islands collected $575,199.11 in criminal and civil actions in Fiscal Year 2013. Of this amount, $542,674.11was collected in criminal actions and $32,525 was collected in civil actions
Attorney General Eric Holder announced on Thursday that the Justice Department collected $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 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 economic and fiscal challenges, these collections are more important than ever,” said U.S. Attorney Limtiaco. “The U.S. Attorney’s Office is dedicated to protecting the public and recovering funds for victims of federal crime and for the federal treasury. We will continue to hold accountable those who seek to profit from their 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.
dditionally, the U.S. Attorney’s office in Guam working with partner agencies and divisions, collected$36,220.00 in asset forfeiture actions in FY 2013. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Fraudulent Vending Machine Business Reference Sentenced to Prison TermRead the Press Release
PITTSBURGH – A resident of Clarion, Pa., was sentenced today in federal court to one year and a day, and ordered to pay $215,033.00 in restitution, on her conviction of criminal conspiracy, United States Attorney David J. Hickton announced today.
United States District Court Judge David Stewart Cercone imposed sentence upon Pearl Pastilock, 50.
According to information presented to the court, Pastilock worked as a fraudulent reference for the business, American Vending Systems, Inc. (AVS). AVS sold energy candy vending machine business opportunities. Potential purchasers were told that, for a minimum purchase price of approximately $10,000, they would receive candy vending machines, an initial supply of candy, and assistance in running their business opportunity. In reality, the business opportunity was not lucrative for purchasers. Pastilock made and received interstate phone calls wherein she told potential purchasers that she successfully operated an AVS business and made substantial income, when in fact she did not operate the business at all and was being paid to defraud potential purchasers.
Assistant United States Attorney Mary McKeen Houghton and Trial Attorney Patrick R. Runkle, Consumer Protection Branch, Department of Justice, prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Inspectors of the United States Postal Inspection Service, who conducted the investigation that led to the successful prosecution of Pastilock.
Former Yoakum County Sheriff’s Deputy Sentenced to 48 Months in Federal PrisonRead the Press Release
LUBBOCK, Texas — Inoe R. Valdez, Jr., 43, a former deputy sheriff with the Yoakum County Sherriff’s Department (YCSD), was sentenced this morning by U.S. District Judge Sam R. Cummings to serve 48 months in federal prison and a year of supervised release on a federal conviction stemming from his involvement in a cocaine distribution conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. He must surrender to the Bureau of Prisons by February 14, 2014.
Valdez pleaded guilty to one count of unlawful use of a communications facility.
Valdez admitted that from July 2009 until approximately August 2010, he used a cellphone to commit, cause and facilitate a conspiracy to distribute and possess with the intent to distribute cocaine and distribution and possession with intent to distribute cocaine.
According to documents filed in the case, in February 2010, investigators with the Texas Department of Public Safety (DPS) learned that Valdez was associating with a particular individual who was suspected of trafficking controlled substances in Yoakum County, Texas. Following a traffic stop of this individual, DPS learned that this individual had Valdez’s cell phone number saved in his cell phone and in fact, had made 15 calls to, and received one call from, Valdez, during the period November 1, 2009 to March 18, 2010.
This individual advised DPS that Valdez had instructed him/her to call or text him and say that he/she “had some information” for Valdez, which would be the signal for Valdez to go to that individual’s home so they could discuss narcotics-related matters. This individual advised that in winter 2009, Valdez asked him/her for three to four ounces of cocaine to give to another individual in Brownsfield, Texas. This individual sold Valdez three ounces of cocaine for $2,100. This individual also advised DPS that this was not the only time he/she furnished cocaine to Valdez.
In June 2010, a person, working at the direction of the DPS, met Valdez and asked Valdez for $50 worth of cocaine. Valdez advised this person that he would provide it in a day or two. This person told Valdez that they had a friend who was going to send them cocaine from Mexico. Valdez advised that he would purchase one-quarter of a kilogram of cocaine per week at $500 per ounce and sell it for $800 per ounce. Valdez also indicated an interest in receiving marijuana.
When DPS investigators interviewed Valdez in November 2011, he stated that his financial debts had become overwhelming, and he had discussed a joint venture with the first individual to smuggle 200-300 pounds of marijuana to Oklahoma or Kansas. Valdez advised that this venture never materialized, but that this same individual later approached Valdez about selling cocaine and Valdez agreed.
Valdez admitted that from summer 2009 to summer 2010, while he worked as a deputy in the YCSD, he distributed approximately 1.5 pounds of cocaine. Valdez stated that he stopped selling cocaine in August 2010 because he learned he was under investigation; shortly thereafter, he resigned from the YCSD.
The investigation was conducted by the Texas DPS, the FBI, the Yoakum County District Attorney’s Office and the Yoakum County Sheriff’s Office. Assistant U.S. Attorney Jeffrey Haag prosecuted.
Former RCMP Member Sentenced to 8 Years in Prison for Leadership of Drug Trafficking ConspiracyRead the Press Release
A former member of the Royal Canadian Mounted Police (RCMP) was sentenced today in U.S. District Court in Seattle to eight years in prison for his leadership role in a massive drug trafficking conspiracy, announced U.S. Attorney Jenny A. Durkan. RAPINDER SINGH SIDHU, 46, formerly of Abbotsford, British Columbia, Canada, was indicted in August 2011 and was extradited to the U.S. in March 2013. He pleaded guilty to conspiracy to export cocaine in October 2013. SIDHU is one of 56 people indicted as part of an international drug trafficking investigation. The leader of the conspiracy, Robert Shannon, was sentenced to 20 years in prison in March 2009. At sentencing U.S. District Judge Robert S. Lasnik said SIDHU “desired to get money and be part of a major drug conspiracy and be of use to criminals.”
“This defendant betrayed his community and the law enforcement officers who risk their lives to keep us safe,” said U.S. Attorney Jenny A. Durkan. “Mr. Sidhu recruited another public servant to the scheme, and used threats of violence to force others into criminal conduct. His greed led him to become a trusted member of an organized crime conspiracy who sold his specialized knowledge from years in law enforcement.”
According to records filed in the case, SIDHU left employment with the RCMP disgruntled about his treatment. Before and during 2007 and 2008 SIDHU used his law enforcement knowledge to assist a criminal conspiracy allied with the Hells Angels to import large loads of cocaine into Canada and to smuggle B.C. Bud marijuana into the U.S. SIDHU recruited a corrupt border services employee to help get the cocaine through customs check points and into Canada. The investigation of the criminal ring resulted in the seizure of more than 1700 pounds of cocaine and $3.5 million in currency.
“From the start, this defendant has tried to downplay his role in the scheme,” said Brad Bench, special agent in charge of ICE’s Homeland Security Investigations in Seattle. “However, it is hard to believe that a former police officer who exploited his police knowledge and contacts to profit from the drug trade, did not know exactly what he was doing. HSI and our Canadian law enforcement partners are committed to ensuring the U.S.-Canada border is not a barrier to justice. Criminals who think they can violate our border’s integrity with impunity, can and will be held accountable in a court of law.”
In asking the court for an eight year prison term, prosecutors wrote SIDHU “organized and choreographed an entire cast of characters who moved enormous quantities of cocaine, with great success, thousands of miles. Even more troubling, according to several of his co-conspirators, he exploited the violence of the criminal organizations with which he was allied to intimidate them and others into doing his bidding.”
Two defendants in the case remain fugitives. Sentences for 54 other defendants have ranged from 20 years for Shannon, and ten and eleven year sentences for some drug smugglers, to probation for some less culpable defendants.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. This investigation was led by U.S. Immigration and Customs Enforcement (ICE), with significant support from the Drug Enforcement Administration (DEA), and the Snohomish Regional Drug Task Force.
This lengthy case was prosecuted by multiple attorneys including Assistant United States Attorney John Lulejian, now with the U.S. Attorney’s Office in the Central District of California and Special Assistant United States Attorney Adam Cornell, now with the Snohomish County Prosecutors Office. Currently the case is being prosecuted by Assistant United States Attorney Sarah Vogel.
Former Nurse Aide Sentenced for Conspiracy and Aggravated Identity TheftRead the Press Release
NORFOLK, Va. – Emmanuel Effiong, 36, formerly of Virginia Beach, Virginia, was sentenced today to 81 months in prison, followed by three years of supervised release, for conspiracy to defraud the government and aggravated identity theft.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia and Trevor Nelson, Assistant Special Agent in Charge, Treasury Inspector General for Tax Administration (TIGTA), made the announcement after sentencing by United States District Judge Arenda Wright Allen.
Effiong pleaded guilty on October 11, 2013. According to court documents, Effiong and his codefendant Festus Ighalo, originally from Nigeria and now naturalized U.S. citizens, were formerly nurse aides at Sentara’s Virginia General Hospital in Virginia Beach. They used their positions there to obtain Personally Identifiable Information (PII), such as dates of birth and social security numbers, from thousands of patients mostly located in the Tidewater area. Then, with the help of others located elsewhere in the U.S. and Nigeria, that information was used to submit fraudulent federal tax returns with the Internal Revenue Service and receive tax refunds in the patients’ names. Ighalo also pleaded guilty and will be sentenced on January 24, 2014.
This case was investigated by IRS Criminal Investigation and the Treasury Inspector General for Tax Administration (TIGTA). Assistant United States Attorney Elizabeth M. Yusi prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Former MPD Officer Sentenced for Stealing from Woman Who Was Under Arrest-Officer Took and Cashed $962 in Money Orders-Read the Press Release
WASHINGTON – A former Metropolitan Police Department (MPD) officer, Alexander Rodriguez, was ordered today to perform 40 hours of community service and placed on six months of probation for stealing $962 in money orders from a woman who was under arrest, U.S. Attorney Ronald C. Machen Jr. announced.
Rodriguez, 33, pled guilty in November 2013 in the Superior Court of the District of Columbia to a charge of second-degree theft. He was sentenced by the Honorable John McCabe. The judge sentenced Rodriguez to 90 days of incarceration, but suspended the jail time provided that the defendant successfully completes a six-month term of probation.
As a condition of his plea agreement, Rodriguez, who had worked for more than five years for MPD, resigned his position. He also paid the victim $1,200 in restitution, covering the value of the two money orders and related costs and the dollar equivalent of a day of lost pay for which she was not compensated by her employer.
According to the government’s evidence, on July 4, 2013, at about 2:30 a.m., Rodriguez responded to the area of Benning Road and Southern Avenue SE to investigate a traffic accident involving the woman. After she was placed under arrest for driving under the influence, Rodriguez took possession of her purse, which contained two money orders.
While at the Sixth District police station, Rodriguez searched the woman’s purse and found a loaded handgun. He then amended the charges against her and continued his inventory of the purse. He listed several items, including credit cards, a phone, $2.01, a driver’s license, and multiple smaller purses. However, he did not list the money orders.
After the woman’s release from jail, she returned to the Sixth District to retrieve her property. She found that the two money orders were missing and initiated a trace of them through Western Union. The trace found that both money orders had been cashed and were made out to “Alexander Rodriguez Photograph.” The money orders were cashed by a person later identified as Rodriguez in Alexandria, Va., and the signatures on both the front and back of the cashed money orders matched those on his lease agreement and related checks.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator Matthew Kutz, Paralegal Specialist Krishawn Graham, and Assistant U.S. Attorney Jean Sexton, who prosecuted the matter.
14-006Former Housing Official in Washington CountyPleads Guilty to Federal Theft ChargeRead the Press Release
TOPEKA, KAN. - The former executive director of the housing authority in Linn, Kan., pleaded guilty Friday to a federal theft charge, U.S. Attorney Barry Grissom said.
Debra L. Savage, 53, Linn, Kan., pleaded guilty to one count of theft from a federal program. In her plea, she admitted that between Dec. 3, 2009, and Dec. 1, 2012, she used a credit card issued to the Linn Housing Authority for personal expenses totaling more than $7,652.
Sentencing is set for April 4. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the U.S. Department of Housing and Urban Development, Office of Inspector General, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.Former Hells Angel Member Sentenced for Stealing Shipment from RailcarRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Richard E. Riedman, 40, of Webster, N.Y., who was convicted of conspiracy to burglarize a railroad car and theft of an interstate shipment following a jury trial, was sentenced to 37 months in prison and ordered to pay $4,669.26 in restitution by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, in the early morning hours of June 30, 2009, Riedman, a former member of the Hells Angels Motorcycle Club, along with co-conspirators Christopher Monfort, Anthony Toscano, Anthony Russell, and Timothy Stone, stole more than 17 gross tons of a high-grade scrap steel from a railcar at a CSXT rail yard in Batavia, N.Y. Riedman and his co-conspirators used a logging truck to remove the scrap steel from the railcar, wore dark clothing and used lookouts to avoid detection by law enforcement authorities and pedestrians, and used two-way radios to communicate with each other during the theft. The defendants were caught by members of the Genesee County Sheriff's Office in the logging truck and a pick-up truck as they left the scene of the theft in the early morning hours of June 30, 2009. The bales were in the process of being shipped to a steel mill in Pennsylvania when they were stolen. Riedman, Toscano, Russell and Stone were convicted after a two-week jury trial before Judge Siragusa in September 2012.
Judge Siragusa previously sentenced Toscano to 18 months in prison, Russell to 15 months, and Stone to 12 months. Monfort, who pleaded guilty to burglary from a railroad car and the manufacture of 50 or more marijuana plants, was sentenced by Judge Siragusa to 78 months in prison.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Genesee County Sheriff's Office, under the direction of Gary Maha.Former HealthEssentials Solutions Inc. Executives to Pay More <br /> Than $1 Million to Resolve Allegations of Submitting False Claims <br /> to Federal Health Care ProgramRead the Press Release
Michael R. Barr, former chief executive officer of Louisville, Kentucky-based HealthEssentials Solutions Inc., has agreed to pay $1 million to resolve allegations that he knowingly caused HealthEssentials to submit false claims to Medicare between 1999 and 2004, the Justice Department announced today. Norman J. Pfaadt, HealthEssentials’ former chief financial officer, also agreed to pay $20,000 to resolve similar allegations. H ea lt h E s s e nt i a ls p r o vi d ed p r i m a ry m e di c al c a re to p a ti e nts in nursing fa cilit ies, assisted living facilities and other settings from 1998 until it filed for bankruptcy and ceased operations in 2005. Barr founded HealthEssentials and served as its president, chief executive and board chairman. Pfaadt served as HealthEssentials’ senior vice president and chief financial officer.
“Healthcare executives should lead by example and create cultures of compliance within their companies, not pressure their employees to cheat the taxpayers,” said Assistant Attorney General for the Civil Division Stuart F. Delery. “We will continue to hold health care executives personally accountable for their dealings with Medicare.”
“Pursuing health care fraud is a priority of this office and the Department of Justice,” said U.S. Attorney for the Western District of Kentucky David J. Hale. “We will continue to work with the Department of Health and Human Services and the public to ensure that fraudulent claims are investigated and those responsible are required to pay.”
In March 2008, HealthEssentials pleaded guilty to submitting false statements to Medicare relating to services it provided to patients in assisted living facilities and entered into a civil settlement with the government. In May 2011, HealthEssentials’ former director of billing, Karen Stone, pleaded guilty for her role in the company’s billing scheme.
The settlement announced today resolves Barr’s and Pfaadt’s alleged liability under the False Claims Act for their roles in HealthEssentials’ false billings. The government alleged that, between 1999 and 2004, HealthEssentials billed for services that were inflated or not medically necessary and that Barr and Pfaadt pressured HealthEssentials employees to inflate the company’s billings, despite having been advised by attorneys and others that doing so would be improper. The government further alleged that Barr pressured HealthEssentials employees to conduct special medical assessments on patients, without regard to whether the patients required the assessments, solely to increase the amount that HealthEssentials could bill for the visits. As part of the settlement, Barr has agreed to a three-year period of exclusion from participating in federally funded health care programs.“Executives cheating taxpayers and patients – as alleged in this case – should beware of exclusion from Medicare, Medicaid and all other federal health programs, as well as criminal and civil liability,” said Inspector General of the U.S. Department of Health and Human Services Daniel R. Levinson. “Vulnerable beneficiaries deserve protection from potentially harmful, medically unnecessary services.”
The allegations that were resolved by the settlement arose in part from a lawsuit filed by former HealthEssentials employees Michael and Leigh RoBards under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring suit on behalf of the government and to share in any recovery. Mr. and Mrs. RoBards will receive a total of $153,000.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The case was handled by the Commercial Litigation Branch, Civil Division, U.S. Department of Justice and the U.S. Attorney’s Office for the Western District of Kentucky, with assistance from the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
The claims settled by this agreement are allegations only; there has been no determination of liability. The case is captioned United States ex rel. Stydinger, et al. v. Michael R. Barr and Norman J. Pfaadt, Civil No. 3:03-cv-00380-TBR (W.D. Ky.).Former HealthEssentials Solutions Inc. Executives to Pay More Than $1 Million to Resolve Allegations of Submitting False Claims to Federal Health Care ProgramRead the Press Release
WASHINGTON – Michael R. Barr, former chief executive officer of Louisville, Kentucky-based HealthEssentials Solutions Inc., has paid $1 million to resolve allegations that he knowingly caused HealthEssentials to submit false claims to Medicare between 1999 and 2004, the Justice Department announced today. Norman J. Pfaadt, HealthEssentials’ former chief financial officer, also agreed to pay $20,000 to resolve similar allegations. HealthEssentials provided primary medical care to patients in nursing facilities, assisted living facilities and other settings from 1998 until it filed for bankruptcy and ceased operations in 2005. Barr founded HealthEssentials and served as its president, chief executive and board chairman. Pfaadt served as HealthEssentials’ senior vice president and chief financial officer.
“Healthcare executives should lead by example and create cultures of compliance within their companies, not pressure their employees to cheat the taxpayers,” said Assistant Attorney General for the Civil Division Stuart F. Delery. “We will continue to hold health care executives personally accountable for their dealings with Medicare.”
“Pursuing health care fraud is a priority of this office and the Department of Justice,” said U.S. Attorney for the Western District of Kentucky David J. Hale. “We will continue to work with the Department of Health and Human Services and the public to ensure that fraudulent claims are investigated and those responsible are required to pay.”
In March 2008, HealthEssentials pleaded guilty to submitting false statements to Medicare relating to services it provided to patients in assisted living facilities and entered into a civil settlement with the government. In May 2011, HealthEssentials’ former director of billing, Karen Stone, pleaded guilty for her role in the company’s billing scheme.
The settlement announced today resolves Barr’s and Pfaadt’s alleged liability under the False Claims Act for their roles in HealthEssentials’ false billings. The government alleged that, between 1999 and 2004, HealthEssentials billed for services that were inflated or not medically necessary and that Barr and Pfaadt pressured HealthEssentials employees to inflate the company’s billings, despite having been advised by attorneys and others that doing so would be improper. The government further alleged that Barr pressured HealthEssentials employees to conduct special medical assessments on patients, without regard to whether the patients required the assessments, solely to increase the amount that HealthEssentials could bill for the visits. As part of the settlement, Barr has agreed to a three-year period of exclusion from participating in federally funded health care programs.
“Executives cheating taxpayers and patients – as alleged in this case – should beware of exclusion from Medicare, Medicaid and all other federal health programs, as well as criminal and civil liability,” said Inspector General of the U.S. Department of Health and Human Services Daniel R. Levinson. “Vulnerable beneficiaries deserve protection from potentially harmful, medically unnecessary services.”
The allegations that were resolved by the settlement arose in part from a lawsuit filed by former HealthEssentials employees Michael and Leigh RoBards under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring suit on behalf of the government and to share in any recovery. Mr. and Mrs. RoBards will receive a total of $153,000.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The case was handled by the Commercial Litigation Branch, Civil Division, U.S. Department of Justice and the U.S. Attorney’s Office for the Western District of Kentucky, with assistance from the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
The claims settled by this agreement are allegations only; there has been no determination of liability. The case is captioned United States ex rel. Stydinger, et al. v. Michael R. Barr and Norman J. Pfaadt, Civil No. 3:03-cv-00380-TBR (W.D. Ky.).