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26 February 2014
Illegal Alien from Mexico Sentenced to 37 Months in PrisonRead the Press Release
Re-Entered United States Following 2009 Removal
ALBANY, NEW YORK – JAIR RENDON AGUILAR, age 26, a citizen of Mexico, was sentenced today to 37 months of imprisonment for illegally reentering the United States after removal by United States District Court Judge Mae A. D’Agostino, announced United States Attorney Richard S. Hartunian and Christopher Shanahan, Field Office Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. Upon completion of AGUILAR’s sentence, he will be turned over to the Department of Homeland Security for removal proceedings. Today’s sentencing follows AGUILAR’s August 27, 2013, guilty plea.
AGUILAR was involuntarily removed from the United States to Mexico on July 16, 2009 following his 2008 conviction in King County Supreme Court for Assault 2nd Degree. On May 21, 2013, AGUILAR, who did not have permission to re-enter the United States, was encountered by Immigration and Customs Enforcement officers at the Ulster County Jail in Kingston, New York.
The case was investigated by the Department of Homeland Security, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Castle Point, New York.
Hogsett Announces Eastern Indiana Man’s Petition to Plead Guilty to Child ExploitationRead the Press Release
Former law enforcement officer charged with production of child pornography as part of “Operation Community Watch”
INDIANAPOLIS – Joseph H. Hogsett, the United States Attorney, announced today Derek D. Walton, 31, of Liberty, has filed a petition to plead guilty to two counts of child exploitation through the production of child pornography. Hogsett said that Walton’s request to plead guilty, along with entering into a plea agreement and stipulated factual basis for the offense, comes as his office has launched Operation Community Watch, a new effort which aims to reduce the abuse of Hoosier children through innovative investigative techniques and aggressive prosecution.
“Working together with our federal, state and local law enforcement partners we are committed to holding child predators accountable,” said Hogsett. “Regardless of your position of power or trust, perpetrators who sexually exploit our children will be found and will be prosecuted.”
“The FBI does not tolerate the sexual exploitation of children and will dedicate all available resources to ensure their safety,” said Special Agent in Charge Robert Jones. “Anyone can help in the fight against child sexual exploitation by reporting instances of child pornography to NCMEC’s Cyber Tip Line at 1-800-843-5678”.
At the time of his arrest, Walton had been a law enforcement officer in eastern Indiana for nearly a decade. Walton was a reserve sheriff’s deputy at the Franklin County Sheriff’s Office from 2004 until his arrest. Walton was also a reserve deputy and jail officer with the Union County Sheriff’s Office at the time of his arrest. Prior to those positions, Walton was employed by the Richmond Police Department and served as a deputy marshal for the Laurel Police Department.
On November 25, 2012, Walton used the email account [email protected] to distribute two images of child pornography. AOL terminated Walton’s account the next day. Walton accessed his AOL account from the Franklin County Security Center approximately 29 times between October and November of 2011.
Between January 3 and 16, 2011, Walton used the personal email account, [email protected] to exchange several emails with another child exploitation offender. Walton and this offender traded child pornography images and videos over email, and in these emails Walton discussed his interest in child pornography and history of collecting and trading child pornography. Federal law enforcement officers later obtained these emails in the course of an investigation of another child exploitation offender.
As a result of the investigation, federal agents served a search warrant at Walton’s home in Liberty, Indiana on August 16, 2013. During the search, agents located a thumb drive hidden behind a mirror in the main bedroom of Walton’s home and a small video camera hidden in a can in the living room. The thumb drive and camera were found to contain seventeen still images and two videos depicting a nude girl between 13 and 14 years old showering and changing clothes while being secretly recorded by video recorders hidden by Walton. Walton created the videos in approximately November, 2012. On December 18, 2013, Walton was charged with two counts of child exploitation for production of the two videos.
According to Senior Litigation Counsel Steven D. DeBrota and Assistant U.S. Attorney Zachary A. Myers, who are prosecuting the case for the government, Walton faces no less than fifteen and up to sixty years in federal prison if the Court accepts a guilty plea. Federal law also mandates that individuals convicted of child exploitation pay restitution to their victims. In addition, Walton faces a sentence of up to lifetime supervised release, and must comply with all state and federal requirements for registration as a sex offender.
This arrest comes one year after Hogsett announced a comprehensive crackdown on child exploitation in Indiana. In 2013, he launched “Operation Community Watch,” which has allowed prosecutors and investigators to use cutting-edge techniques to identify and charge people in Hoosier communities who are engaged in the receipt and trafficking of child pornography materials. In this case, those efforts were facilitated by the Federal Bureau of Investigation, the Indiana State Police, the Indianapolis Metropolitan Police Department, the Indiana Internet Crimes Against Children Task Force, as well as the Franklin County Sheriff’s Department.
The greatest measure of the PSC program’s impact, however, is the identification and rescue of child victims of sexual exploitation and abuse. Over the last two years, the U.S. Attorney’s Office successfully identified more than 120 child victims, including minors in Indiana, numerous places in the United States, Canada, Switzerland, and other countries around the world.
An Information or Indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond reasonable doubt.
Harrisburg Man Charged with Possession with the Intent to Distribute Crack CocaineRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of an Indictment in U.S. District Court in Harrisburg today charging Donald Jackson, Jr. age 28, of Harrisburg, Pennsylvania, with possessing with the intent to distribute crack cocaine.
The investigation was conducted by the Harrisburg Police Department and the FBI. The case is being prosecuted by Assistant U.S. Attorney Joseph J. Terz.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Gang Member from Hollygrove, Walter Conley, Sentenced to 40 Years in Prison on Federal Rico, Murder, Firearms, and Carjacking ChargesRead the Press Release
WALTER CONLEY, a/k/a “Ike Neezy”, 25, a resident of New Orleans, was sentenced today by U.S. District Judge Stanwood R. Duval, Jr., to serve 480 months (40 years) in prison for violating federal RICO, firearms, murder, and carjacking charges, announced U.S. Attorney Kenneth Allen Polite, Jr. CONLEY was a member of a gang from the Hollygrove area of the city that was involved in several shootings and murders in recent years. All of the indicted members of this gang have pled guilty and have been sentenced.
CONLEY had previously pled guilty to RICO conspiracy, firearms conspiracy, the non-fatal shooting of Corey Morris, the murder of Paul May, carjacking, and the attempted murder of Morris Williams.A thirty-four count second superseding indictment was returned on November 16, 2012, charging Walter Conley, a/k/a “Ike Neezy”; Tyronne Stevenson, a/k/a “Duke”; Theron Golston, a/k/a “Thema”; Bernell Williams a/k/a “Bussy”, a/k/a “A-Boogie”; Norman Ratcliff, a/k/a “Turk”; Carey Jones, a/k/a “Bean”, and Mark Glenn with participating in a RICO conspiracy, drug conspiracy, firearms conspiracy, and several substantive acts of violence.
Co-defendant Ryan Carroll, a/k/a “Ronnie Boo,” pled guilty to participating in the RICO conspiracy and to discharging a firearm during a drug trafficking crime and a crime of violence. On October 16, 2013, he was sentenced to serve 210 months in federal prison.
Co-defendant Theron Golston pled guilty and was subsequently sentenced to life in prison on November 20, 2013 for his participation in the RICO conspiracy, the murder of Aaron Allen, and the drive-by murder of Ms. Eula Mae Ivey.
Co-defendants Tyronne Stevenson and Mark Glenn also pled guilty to various charges in the indictment, which included non-fatal shootings and were sentenced on December 11, 2013. Stevenson and Glenn were sentenced to serve 360 months and 300 months, respectively.
Co-defendant Bernell Williams pled guilty to participating in the RICO conspiracy and to discharging a firearm during a drug trafficking crime and a crime of violence. On January 22, 2014, Williams was sentencing to serve 240 months in federal prison.Co-defendant Carey Jones pled guilty and was subsequently sentenced to life in prison on January 22, 2014.
Co-defendant Norman Ratcliff also pled guilty and was sentenced on February 11, 2014, to serve 396 months.
“The sentencing of Walter Conley concludes the first Gang Case that was investigated and prosecuted by the newly formed N.O.P.D. Multi-Agency Gang (MAG) Unit,” stated U.S. Attorney Polite. “This case shows the success that is possible when members from different agencies come together for the common goal of making our city a safer place to live.”
U.S. Attorney Polite thanked the federal agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) who took the lead role in this specific investigation and who have been steadfast in their resolve to bring these violent offenders to justice. He also thanked the other members of the MAG Unit who worked on this case and renewed the USAO’s commitment to assist the MAG Unit in targeting these types of violent offenders.
The Multi-Agency Gang Unit is an N.O.P.D. led division which includes federal agents from ATF, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the U.S. Marshals Service, as well as participants from the Orleans Parish Sheriff’s Office, the Louisiana State Police, State Probation and Parole, the New Orleans District Attorney’s Office, and the United States Attorney’s Office.
The case was prosecuted by Assistant United States Maurice E. Landrieu, Jr.
Four Individuals Appear in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WV – Four individuals appeared in Federal Court in Clarksburg and entered pleas of guilty before Magistrate Judge John S. Kaull.
United States Attorney William J. Ihlenfeld, II, announced that:
MARKUS GERALD BARNETT a/k/a “MARKIE,” age 33, of Clarksburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of the Oakmound Apartments.” BARNETT, who is free on bond pending sentencing, faces up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower.
STANLEY DYE, JR., age 31, of Detroit, Michigan, entered a plea of guilty to “Possession with Intent to Distribute Oxycodone.” DYE, who is in custody pending sentencing faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan.
The BARNETT and DYE cases were investigated by the Greater Harrison Drug and Violent Crime Task Force consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service.
VERONICA LEE DOUGHERTY, age 34, of Elkins, West Virginia, entered a plea of guilty to “Possession with Intent to Distribute Marijuana.” DOUGHERTY, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the United States Postal Inspection Service.
IMANI NOKIA WALKER, age 25, of Brookyn, New York, entered a plea of guilty to
“Conspiracy to Utter Counterfeit Bills” from January 20, 2012, to February
13, 2012, in Morgantown, West Virginia. WALKER, who is free on bond pending sentencing, faces up to 5 years in prison. The case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the United States Secret Service.Fort Hall Man Pleads Guilty to Involuntary Manslaughter in "Shaken Baby" CaseRead the Press Release
POCATELLO – Ian Jack Crooked Arm, a/k/a Ian Sittre, 26, of Fort Hall, Idaho, pleaded guilty today in United States District Court to one count of involuntary manslaughter, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on February 20, 2013, a 10-month-old infant girl was left in Sittre’s care when the child’s mother went to work. Sittre was living with the mother and other family members at a residence on the Fort Hall Indian Reservation. Less than ten minutes after leaving, Sittre called the child’s mother and told her something was wrong with the baby. Upon arriving at the residence, Sittre told the mother that the baby was “breathing funny.” She called 911 and attempted CPR. Sittre left the residence before paramedics or police arrived. Paramedics transported the child by ambulance to Portneuf Medical Center, unconscious and non-responsive. She was then airlifted to Primary Children’s Medical Center in Salt Lake City, in critical condition. Despite the efforts of medical personnel, the infant died on February 22, 2013.
According to the plea agreement, an autopsy conducted on February 23 concluded that the immediate cause of death was abusive head trauma inflicted by a caregiver. A review of the child’s medical history found nothing to indicate any pre-existing conditions that may have contributed to the child’s death. According to the plea agreement, on April 4, 2013, during a recorded telephone call between Sittre and his mother, from jail, Sittre admitted that he shook the baby “too hard.”
The charge of involuntary manslaughter is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sittre is scheduled to be sentenced on May 21, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Former Mayor of Martin and Her Daughter Convicted on Fraud ChargesRead the Press Release
PIKEVILLE, KY -A former mayor of Martin, KY., and her daughter, have been convicted on all counts by a federal jury of charges related to a scheme to defraud the Social Security Administration (SSA) and to misapply federal funds.
On Tuesday night, the jury convicted former Martin Mayor Ruth Thomasine Robinson, 69, and her daughter, Rita Christine Whicker, 42, who formerly directed the Martin Community Center. The verdict was handed down after approximately two hours of deliberation following two days of trial. Specifically, the jury convicted the defendants on a total of eight counts of conspiracy, federal program fraud, theft of social security disability benefits and aggravated identity theft. Ginger Michelle Halbert, 42, a volunteer city employee who worked closely with Robinson, pled guilty last week to a charge of theft of government money. Charges against Ethel Clouse, the city bookkeeper, were dismissed at trial.
Evidence at trial established that from 2006 until January 2013, Halbert, who purportedly worked on a volunteer basis, was secretly being paid with federal funds. The funds used to pay Halbert were intended for the Martin Community Center and the Martin Housing Authority. Some of the money was supposed to fund an after school program for city children. To conceal the scheme, the defendants allegedly arranged for the checks to be made payable to Halbert’s son.
Evidence further established that Halbert, who was receiving social security disability benefits, intentionally failed to notify SSA of her earned income from the city of Martin. Under federal law, anyone who receives disability benefits is limited in the amount of money he or she can receive from another source and all income must be reported to the SSA so it can properly determine eligibility for benefits.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge of the Federal Bureau of Investigation, Guy Fallen, Special Agent in Charge, Social Security Administration, Office of the Investigator General, Office of Investigations, and Jack Conway, Attorney General of Kentucky, jointly made the announcement today.
The investigation was conducted by the Federal Bureau of Investigation, Social Security Administration, and the Attorney General’s Office. Assistant U.S. Attorney Ken Taylor is prosecuting this case for the U.S. Attorney’s Office on behalf of the federal government.
Sentencing for Robinson and Whicker is scheduled for July 9, 2014. Halbert is scheduled for sentencing on June 6, 2014. The conspiracy offense carries a maximum of 5 years in prison; misappropriating money from a federal program carries a maximum penalty of 10 years in prison and aggravated identity theft has a mandatory minimum penalty of two years in prison.
Former Mashantucket Pequot Tribal Nation Official Who Stole from Tribe Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that STEVEN THOMAS, 39, of Mashantucket, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to one day of imprisonment, time already served, for stealing from the Mashantucket Pequot Tribal Government. THOMAS also was ordered to serve two years of supervised release, the first three months of which must be served in home confinement, and to pay restitution of $177,603.69.
According to court documents and statements made in court, THOMAS served as the Assistant Director of the Office of Natural Resources Protection, an agency of the Mashantucket Pequot Tribal Government. As an employee of the tribal government, THOMAS was required to complete and submit time cards on a weekly basis to the Mashantucket Pequot Tribal Nation (“MPTN”) documenting that he reported to work for 40 hours each week. However, THOMAS was a “no-show” employee and rarely reported to work or performed work of any kind. Between January 2007 and January 2008, THOMAS submitted false weekly time cards to the MPTN that falsely reported the hours he worked. During that period, THOMAS was paid approximately $177,603.69 by the MPTN based upon the false weekly time cards.
On October 3, 2013, THOMAS pleaded guilty to one count of theft from an Indian tribal government. THOMAS resigned his position as Treasurer of the Mashantucket Pequot Tribal Council in advance of his guilty plea.
This matter was investigated by the Federal Bureau of Investigation and the U.S. Department of Interior – Office of Inspector General. The case was prosecuted by Assistant U.S. Attorneys Christopher M. Mattei and Douglas P. Morabito.
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(203) 821-3722 [email protected]Former Hudson County, N.J., Teacher Sentenced to More Than 10 Years in Prison for Distributing Images of Child Sexual Abuse over the InternetRead the Press Release
TRENTON, N.J. – A former substitute teacher at a private school in Jersey City, N.J., was sentenced today to 121 months in prison for distributing images of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Guy West, 45, of Jersey City, previously pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of distribution of child pornography. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in the case and statements made in court:
West was working as a permanent substitute teacher who regularly taught and supervised children between the ages of 2 and 14 at the time of his January 2013 arrest. West admitted that on Dec. 18, 2012, he made images and videos of child pornography stored on his computer available for others to download via a peer-to-peer file-sharing network. On that date, an undercover law enforcement agent successfully downloaded 120 images and 24 videos of child sexual abuse from West via the file-sharing network.
As part of his guilty plea, West agreed to forfeit the computers and computer accessories he used to commit the offense.
In addition to the prison term, Judge Sheridan sentenced West to serve a lifetime of supervised release. Restitution is to be determined.
U.S. Attorney Fishman credited special agents of the FBI, Newark Division’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark; officers of the Jersey City Police Department, under the direction of Chief of Police Robert Cowan; and the Hudson County Prosecutor’s Office, under the direction of Acting Prosecutor Gaetano T. Gregory with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office General Crimes Unit in Newark.
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Defense counsel: Nace Naumoski Esq., Roseland, N.J.
Former Employee Sentenced to Five Years for Theft from Bon-Ton Stores FoundationRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the sentencing of a former employee of the Bon-Ton Stores Foundation for mail fraud and tax evasion in connection with the theft of more than $1.3 million. Christine S. DeJuliis, 53, of York, Pennsylvania, was sentenced to serve five years in federal prison for stealing from the Bon-Ton Stores Foundation and failing to pay taxes on the money she stole.
United States Attorney Peter J. Smith said that DeJuliis was sentenced to the term of incarceration by U.S. District Court Judge Yvette Kane in Harrisburg. DeJuliis had previously pleaded guilty to mail fraud charges involving a scheme she devised to steal money from the Foundation while she was employed as an assistant to the head of the Foundation and to tax evasion charges for failing to pay taxes on the money she stole. The judge noted that DeJuliis had been placed in a position of significant trust by the Foundation and that she violated that trust over the course of her nine-year crime.
Assistant U.S. Attorney James T. Clancy noted that the community work DeJuliis was seeking credit for performing was the very kind of work the Foundation would have been funding others to do if she had not stolen the Foundation’s money. Clancy also noted that although DeJuliis spoke of being sorry for committing the crime and vowed to pay restitution, she has not yet paid back any money to the Foundation.
In addition to spending five years in federal prison, she will be on supervised release – a form of probation – for three years after her release from custody. Judge Kane also ordered that DeJuliis make restitution to the Foundation and the Bon-Ton Stores, Inc., in the amount of $1,376,885 and to the IRS in the amount of $170,890.
The Bon-Ton Stores, Inc. and the Bon-Ton Stores Foundation cooperated with the investigation and prosecution of the case. The investigation was conducted by the U.S. Secret Service and Internal Revenue Service-Criminal Investigation.
Former Cherryville Law Enforcement Officers Involved in Stolen Goods and Cash Conspiracy Sentenced to PrisonRead the Press Release
CHARLOTTE, N.C. – Two former law enforcement officers, Frankie Dellinger and Wesley Clayton Golden, and their civilian co-conspirator, Mark Ray Hoyle, were sentenced to prison today for their role in a conspiracy to transport stolen goods and cash in Gaston County, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division and Greg McLeod, Director of the State Bureau of Investigation (NC SBI) join U.S. Attorney Tompkins in making today’s announcement.
U.S. District Court Judge Robert J. Conrad, Jr. ordered Dellinger, 42, of Cherryville and a police officer who served 19 years in law enforcement with the Cherryville Police Department and the Gaston County Sheriff’s Office, to serve 36 months in prison, followed by two years of supervised release. Golden, 41, also of Cherryville and a Reserve Captain at the Gaston County Sheriff’s Office, was sentenced to 20 months in prison and to one year of supervised release. Their civilian accomplice, Mark Ray Hoyle, 40, of Cherryville, was ordered to serve 21 months in prison and two years under court supervision.
In January 2013, the defendants pleaded guilty to conspiracy to transport and/or receive stolen property and conspiracy to extort under color of official right. Hoyle and Dellinger also pleaded guilty to money laundering conspiracy.
According to filed court documents and today’s sentencing hearing, an undercover federal investigation revealed that beginning in August 2012 and on multiple occasions, Dellinger and Golden used their law enforcement credentials to provide “protection” to tractor trailers passing through Gaston County, containing what they defendants believed to be stolen merchandise and cash. Hoyle assisted in the conspiracy by representing himself to be a Deputy Sheriff at the Gaston County Sheriff’s Office. File documents and facts presented at today’s sentencing hearings showed that the former officers and their co-conspirator believed the trailers were transporting “stolen” merchandise with a purported retail value of more than $158,000, as well as cash proceeds from the sale of the stolen goods in excess of $400,000 and agreed to safeguard the trailers in exchange for cash payments.
In November 2013, two former Cherryville police officers involved in a similar conspiracy arising from the same investigation received prison sentences. Casey Justin Crawford and David Paul Mauney, III, were sentenced to 33 and 18 months in prison, respectively. A sixth defendant, John Ashley Hendricks, was sentenced to two years of probation.
In handing down today’s sentences, U.S. District Judge Robert J. Conrad, Jr. noted that “corruption of the highest is the worst type of corruption.”
The defendants have been in federal custody since October 2012. They will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation is handled by the FBI and SBI. The prosecution was handled by Michael Savage, of the U.S. Attorney’s Office in Charlotte.
Former Bureau of Prisons and Customs and Border Protection Employee Indicted for Impersonating A Federal Officer and Making False Statements to Federal InvestigatorsRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal grand jury in Puerto Rico has returned an indictment charging Carlos Barros-Villahermosa (47, Puerto Rico) with impersonating a federal employee and making false statements to federal agents. Barros-Villahermosa was employed with the Bureau of Prisons from July 1991 through September 2002. Thereafter, he was an employee of Customs and Border Protection through May 2004. If convicted, he faces a maximum penalty of three years’ imprisonment on the impersonation charge, and up to five years in federal prison for making false statements.
According to the indictment, on or about September 11, 2010, Barros-Villahermosa impersonated a federal employee by representing himself as a Bureau of Prisons officer during a traffic stop conducted by a Puerto Rico Police Department Officer. The indictment also alleges that, on June 21, 2011, Barros-Villahermosa made false statements to federal agents during the investigation for impersonating a federal officer.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Homeland Security Investigations Office of Professional Responsibility and the Department of Justice Office of the Inspector General. It will be prosecuted by Assistant United States Attorney Carlos A. Perez-Irizarry, Middle District of Florida.
Former Atlantic County, N.J., Paralegal Charged with Mail Fraud ConspiracyRead the Press Release
Allegedly Urged Clients to Feign Spousal Abuse to Stay in United States
CAMDEN, N.J. – A woman who allegedly filed false and fraudulent immigration petitions for clients while working as a paralegal in Atlantic County, N.J., made her initial court appearance today on conspiracy charges, U.S. Attorney Paul J. Fishman announced.
Maria James, 68, of Willingboro, Burlington County, N.J., was charged by complaint Feb. 19, 2014, with one count of conspiracy to commit mail fraud. She appeared before U.S. Magistrate Judge Ann Marie Donio in Camden federal court this morning and was released on a $50,000 bond.
According to documents filed in this case:
From 2002 through June 2011, James worked from an office in Brigantine, Atlantic County, as a paralegal on immigration issues, working for three different lawyers. She solicited and recruited as clients for the lawyers’ immigration practices various individuals who were illegally in the United States. James arranged for two marriages and also filed numerous fraudulent immigration petitions seeking to allow her clients to obtain legal permanent resident status.
At least 22 of James’ former clients have admitted that the immigration petitions submitted by James and the attorneys for whom James worked contained false and fraudulent information. Many of the petitions were based upon false claims of physical abuse by spouses against the illegal alien clients, and contained fraudulent supporting documentation, including photographs taken by or at the direction of James. She allegedly used makeup or ketchup to fake the injuries. James then filed or directed the filing of petitions with U.S. Customs and Immigration Services by U.S. Mail or Federal Express.
The charge of conspiracy to commit mail fraud carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew McLees in Newark; and IRS – Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen; with the investigation leading to today’s charge.
The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office in Camden.
The charge and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
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Defense counsel: Edward Crisonino Esq., Westmont, N.J.
James Complaint
Florida Man, George Potter, Sentenced for Distribution of Child PornographyRead the Press Release
GEORGE POTTER, 27, of Gulf Breeze, Florida, was sentenced today by U.S. District Judge Martin L.C. Feldman, to serve 188 months incarceration, for crimes involving the sexual exploitation of children, announced U. S. Attorney Kenneth Allen Polite, Jr. In addition to the term of imprisonment, POTTER was sentenced to serve 10 years supervised release and must register as a sex offender under the Sex Offender Registration Notification Act.
According to court documents, following an investigation by the Louisiana State Police and the U. S. Department of Homeland Security, Homeland Security Investigations (HSI), POTTER was indicted by a federal grand jury on June 20, 2013 for Distribution of Child Pornography and was arrested by HSI federal agents. POTTER pled guilty on November 13, 2013.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by special agents from the U. S. Department of Homeland Security, Homeland Security Investigations and the Louisiana State Police. The prosecution of this case is being handled by Fraud Section Chief and Project Safe Childhood Coordinator, Assistant U. S. Attorney Brian M. Klebba.
Five Joplin Residents Indicted for Disaster Fraud Related to Tornado BenefitsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that five Joplin, Mo., area residents have been indicted by a federal grand jury, in separate cases, for fraudulently receiving (or applying for) federal disaster benefits following the tornado that struck the city of Joplin on May 22, 2011, killing 158 people and causing more than $2.9 billion in damage.
Dustin Joe Showalter, 36, Fred Lewis Pickett, Jr., 34, Brittany Aulden Barnes, 22, Gary L. Mitchell, Jr., 34, and Russell Lamar Green, 35, all currently or formerly of Joplin, were charged in a series of indictments returned by a federal grand jury in Springfield, Mo., on Tuesday, Feb. 25, 2014.
The federal indictments charge each of the five defendants with disaster fraud for making false statements to the Federal Emergency Management Agency (FEMA) in applications for disaster benefits.
Showalter, Pickett and Barnes are each charged in separate indictments with two counts of disaster fraud. Mitchell and Green are each charged in separate indictments with one count of disaster fraud and one count of making false statements.
USA v. Showalter
According to the indictment, Showalter fraudulently received disaster benefits by claiming to have lived at a residence in Joplin at the time of the May 22, 2011, tornado, when in fact he did not live at that residence. The indictment also alleges that Showalter made false statements to FEMA that aided and abetted Pickett’s fraudulent claim for disaster benefits.
USA v. Pickett
According to the indictment, Pickett fraudulently received disaster benefits by claiming that he relocated from one primary residence to another primary residence in Joplin following the May 22, 2011, tornado, when in fact he did not move to the second residence. The indictment also alleges that Pickett fraudulently filed for disaster benefits by claiming to have purchased a 1993 Nissan Maxima sedan from Chick’s Towing, when in fact he did not purchase a 1993 Nissan Maxima sedan from Chick’s Towing.
USA v. Barnes
According to the indictment, Barnes fraudulently received disaster benefits by claiming to have lived at a residence in Joplin at the time of the May 22, 2011, tornado, when in fact she did not live at that residence. The indictment also alleges that Barnes fraudulently filed for disaster benefits by falsely claiming she lost personal property from that residence.
USA v. Mitchell
According to the indictment, Mitchell fraudulently applied for disaster benefits by claiming that he lived at a residence in Joplin at the time of the May 22, 2011, tornado, when in fact he did not live at that residence. The indictment also alleges that Mitchell made false statements to FEMA when he claimed to live at that address.
USA v. Green
According to the indictment, Green fraudulently applied for disaster benefits by claiming that he lived at a residence in Joplin at the time of the May 22, 2011, tornado, when in fact he did not live at that residence. The indictment also alleges that Green made false statements to FEMA when he claimed to have lost personal property from that residence.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. They were investigated by the U.S. Department of Homeland Security – Office of Inspector General, the FBI and the Joplin, Mo., Police Department.
Disaster Fraud Hotline
Anyone with information about disaster fraud related to the Joplin tornado should call the National Center for Disaster Fraud hotline at 866-720-5721, the Joplin Police Department at 417-623-3131, or the FBI’s Joplin office at 417-206-5700.Final Defendant in Scheme to Distribute Untaxed Cigarettes Exiled to 15 Years in Prison on Gun and Drug ChargesRead the Press Release
Conspired with Former Prince George’s County Police Officer to Distribute Drugs and Untaxed Cigarettes
Greenbelt, Maryland – U.S. District Judge Peter J. Messitte sentenced Mirza Kunjundzic, age 33, of Woodbridge, Virginia, to 15 year in prison, followed by five years of supervised release, after Kunjundzic pleaded guilty late yesterday to conspiracy to distribute and possess with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime. Kunjundzic, who was scheduled to go to trial on March 4, 2014, was the last of nine defendants to plead guilty to charges related to a scheme involving the transport and distribution of untaxed cigarettes.
The guilty plea and sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to Kunjundzic’s plea agreement, between July 2009 to January 2010, Kunjundzic and former Prince George’s County Police officer Sinisa Simic transported and distributed untaxed cigarettes in Maryland, Virginia and elsewhere. As part of the conspiracy, Simic used his official authority as a Prince George’s County police officer to ensure the safe transport and distribution of the untaxed cigarettes in exchange for cash payments from a source and an undercover agent working with the FBI . During November 2009, law enforcement intercepted conversations on Simic’s cellular phone which indicated that Simic and Kunjundzic both wanted Kunjundzic to be armed while they were protecting the contraband cigarettes during transportation and distribution. Simic subsequently obtained a 50 caliber handgun for Kunjundzic, which was recovered at Simic’s residence at the time of his arrest, along with a 9mm handgun. On December 2, 2009, Simic and Kunjundzic transported 80 cases of contraband cigarettes to New Jersey in exchange for $3,400 paid by the undercover agent.
Kunjundzic and Simic also distributed cocaine to the undercover agent and source. For example, on October 7, 2009, Kunjundzic and Simic delivered 114.5 grams of cocaine to the undercover agent, who paid them$6,520 for the cocaine and to transport and protect a delivery of contraband cigarettes. A portion of the cocaine was secreted in the shipment of contraband cigarettes. On October 22, 2009, Kunjundzic and Simic delivered 244.3 grams of crack cocaine to the undercover agent and on and November 12, 2009, they delivered 268.2 grams of crack cocaine, for which they were paid $13,800 and $4,000, respectively, for the crack cocaine and to transport contraband cigarettes. Simic was armed during each of the transactions.
Simic and Kunjundzic continued to deliver contraband and be paid for the protection of those deliveries until January 26, 2010. In total, they provided protection for eight shipments of contraband between September 9, 2009 and January 26, 2010. They were paid a total of $52,120, including the payments for the cost of the cocaine purchased by the undercover agent.
Former Prince George’s County Police officer Sinisa Simic, age 29, of Woodbridge, Virginia, previously pleaded guilty to his role in the conspiracy and is awaiting sentencing.
United States Attorney Rod J. Rosenstein praised the FBI and IRS-Criminal Investigation for their work in these investigations. Mr. Rosenstein thanked Assistant United States Attorneys James A. Crowell IV, and A. David Copperthite, who prosecuted the case.
Mr. Rosenstein, Mr. Vogt and Mr. Kelly expressed their appreciation to Prince George's County Chief Mark A. Magaw for the assistance that he and his department provided.
Final Conspirator Pleads Guilty in Fraudulent Tax Refund SchemeRead the Press Release
Prepared Fraudulent Tax Returns Claiming False Wages and Tax Credits for Persons Who Had Little or No Income
Baltimore, Maryland – Sheila Anderson-Cloude, age 34, of Notthingham, Maryland, pleaded guilty today to a conspiracy to defraud the government arising from the filing of fraudulent tax refunds.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge Kathryn Jones, U.S. Department of Transportation, Office of Inspector General, Washington, D.C. Regional Office.
According to her plea agreement, from February 2010 through April 2013, Anderson-Cloude conspired with Tonia Lawson and her daughters Kiara Skipwith and Jasmine Thomas to prepare fraudulent tax returns. The defendants recruited individuals who did not owe taxes because they had little or no earned income, and convinced these individuals that they could obtain a substantial refund and therefore should file a federal individual income tax return. Generally, Lawson, Skipwith and Thomas recruited prospects for the scheme, using a variety of methods, including paying referral fees to those who brought recruits to them.
Lawson, Skipwith and Thomas provided the recruits’ personal information to Anderson-Cloude, who would prepare the fraudulent return. The recruits did not provide any income information. False wages and educational expenses were used to falsely claim tax credits. Anderson-Cloude, Lawson, Skipwith and Thomas misled the recruits by telling them that the refunds they had received were smaller than the refund amounts Anderson-Cloude had actually listed on the fraudulent returns. The “profit” for Anderson-Cloude and her co-conspirators was the difference between the refund claimed on each tax return and the smaller amount actually paid to the recruit.
For tax years 2009 through 2012, Anderson-Cloude was involved in the preparation of at least 90 fraudulent tax returns based upon the recruits referred by Lawson, Skipwith, Thomas and others. These fraudulent returns generated illicit refunds totaling $546,785. In 2011 alone, Anderson-Cloude received at least $104,961 in profits from her role in the conspiracy.
Anderson-Cloude faces a maximum sentence of 10 years in prison and a fine of $250,000 or twice the gross gain or loss caused by the offense, whichever is greater. U.S. District Judge Richard D. Bennett scheduled sentencing for Anderson-Cloude on May 27, 2014, at 3:00 p.m.
Tonia Patrice Lawson, age 43, of Middle River, Maryland; Jasmine L. Thomas, age 26, of Baltimore; and Kiara A. Skipwith, age 24, of Parkville, Maryland, previously pleaded guilty to their roles in the scheme are scheduled to be sentenced on March 27, 2014, May 20, 2014 and May 28, 2014, respectively.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised IRS - Criminal Investigation and DOT-OIG for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Gregory R. Bockin and David I. Sharfstein, who are prosecuting the case.
Federal Grand Jury in Fort Wayne Returns IndictmentsRead the Press Release
Hammond South Bend Fort Wayne
Fort Wayne, Indiana - The United States Attorney's Office announced that a Grand Jury sitting in Fort Wayne, Indiana, returned the following Indictments on February 26, 2014: Bruce T. King, 35, of Fort Wayne, Indiana, is charged in a single count Indictment with being a felon in possession of a firearm on or about January 24, 2014. The Indictment also alleges forfeiture of a firearm, magazine and ammunition. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
Guadalupe Quintanilla, 69, of Fort Wayne, Indiana, is charged in a single count Indictment with possession with the intent to distribute cocaine on or about February 1, 2014. The Indictment also alleges forfeiture of property derived from the proceeds. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, FBI Safe Streets Task Force and the Indiana State Police. This case has been assigned to and will be prosecuted by Assistant United States Attorney Anthony W. Geller.
Ronnie Lee Rutherford, Jr., 37, and Laura A. Plumb, 35, both of Fort Wayne, Indiana, are charged in a four count Indictment (respectively) with maintaining a drug involved premises from on or about December 4, 2013, to on or about February 17, 2014 (both defendants), possession of a firearm in furtherance of a drug trafficking crime on or about February 17, 2014 (Rutherford), with being a felon in possession of a firearm on or about December 30, 2013, and February 17, 2014 (Rutherford). The Indictment also alleges forfeiture of property derived from the proceeds and firearms and ammunition. These charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Anthony W. Geller.
Floyd D. Thomas, Jr., 35, Dwaine Bartlett, 41, Prentice A. Bland, 38, Richard A. Council, 42, Richard E. Murray, 40, and Derrick L. Thomas, 39, all of Indianapolis, Indiana are charged in a six count Indictment (respectively) with conspiracy to possess with intent to distribute cocaine from on or about November 13, 2013, through on or about February 12, 2014 (all defendants), possession of a firearm in furtherance of a drug trafficking crime on or about February 12, 2014 (all defendants), distribution of heroin on or about November 16, 2013, November 20, 2013, December 19, 2013 and January 17, 2013 (Floyd Thomas only). The Indictment also alleges forfeiture of property derived from the proceeds and firearms and ammunition. These charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Warsaw Police Department, Fort Wayne Police Department, and the IMAGE Drug Task Force. This case has been assigned to and will be prosecuted by Assistant United States Attorney Anthony W. Geller.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.Evans Sentenced to 84 Months in Federal Prison after Pleading Guilty to Armed Bank RobberyRead the Press Release
SALT LAKE CITY - David Warren Evans, age 44, of Magna, Utah, convicted of a September 2013 armed robbery of a Wells Fargo Bank located at 1255 East Brickyard Road in Salt Lake City, will serve 84 months in federal prison. U.S. District Judge Tena Campbell imposed the sentence Wednesday afternoon.
Judge Campbell also ordered Evans to be on supervised release for 60 months after he concludes his federal prison sentence. He also must pay $1,759 in restitution to Wells Fargo Bank.
In a December plea agreement, Evans admitted that he entered the bank wearing a hooded black sweatshirt, black sunglasses, and a red bandana over his head. He handed the teller a note demanding cash. He held what appeared to be a black handgun so it was visible to the teller during the robbery. The teller complied with his demands.
Evans also admitted he robbed a Wells Fargo Bank located at 4740 South 900 East in Murray in September 2013. He approached the teller and handed her a note that read: “This is a robbery, don’t make it a murder.” The teller complied with his demands.
In addition to other evidence, still photos from the robberies were released to the media and members of the public and law enforcement officers identified Evans as robbery suspect.
The case was investigated by the Utah Safe Streets Task Force, the FBI and Salt Lake City and Murray City Police Departments. It was prosecuted by the U.S. Attorney’s Office in Salt Lake City.
Escrow Officer Guilty in North Texas Mortgage Fraud ConspiracyRead the Press Release
Department of Justice
Office of Public AffairsFinal defendant’s guilty plea brings closure to nearly $4 million fraud
SHERMAN, Texas – A 35-year-old Edinburg, Texas woman has pleaded guilty to federal charges in connection with a mortgage fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Lacie Devine pleaded guilty to conspiracy to commit mail fraud today before U.S. Magistrate Judge Amos L. Mazzant. She is the remaining defendant associated with five others in the same conspiracy to plead guilty to the mortgage fraud scheme.
According to information presented in court, from March 2008 through February 2010, Devine, an escrow officer at National Escrow & Title, LCC, located on north Dallas Parkway in Dallas, conspired with others, including the five individuals identified below, to defraud lending institutions by submitting false documentation in support of mortgage applications on 28 property transactions located in the Dallas/Fort Worth Metroplex. Specifically, Devine created fraudulent HUD-1 documents for each transaction that falsely stated the source of the down payments and concealed the true nature of the loan fund disbursements from the lending institutions. Devine’s criminal conduct in the scheme resulted in a loss to lending institutions of approximately $3,718,702.28.
Devine was indicted by a federal grand jury on June 13, 2013 and charged with federal violations. The five co-conspirators, all charged in separate indictments, have also pleaded guilty and been sentenced for their roles in the mortgage fraud conspiracy:
- Roslyn Long, 45-year-old loan officer from Plano, Texas, sentenced to 97 months in federal prison and $3,492,011.79 in restitution;
- Michael Ross, 36-year-old loan officer and coordinator from Dallas, Texas, sentenced to 63 months in federal prison and $3,337,930.60 in restitution;
- Curtis Callier, 33-year-old recruiter from Desoto, Texas, sentenced to 30 months in federal prison and restitution in the amount of $691,543.22;
- Ronzell Mitchell, 37-year-old recruiter from Stroudsburg, Pennsylvania, sentenced to 46 months in federal prison and $1,408,402.96 in restitution; and
- Christi Wyatt, 42-year-old recruiter from Desoto, Texas, sentenced to 37 months in federal prison and restitution in the amount of $1,032,650.17.
Devine faces up to 20 years in federal prison at sentencing. A sentencing date has not been set.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force.
President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development, Office of Inspector General, the Federal Housing Finance Agency, Office of Inspector General, and the Texas Department of Insurance. These cases are being prosecuted by Assistant U.S. Attorneys Christopher A. Eason and J. Andrew Williams.
####El Ranchito Corporation Pleads Guilty to Serving Adulterated Pork to CustomersRead the Press Release
Natchez, Miss - El Ranchito Corporation, of Tickfaw, LA, entered a guilty plea and was sentenced on February 25, 2014 before U.S. Senior District Court Judge David C. Bramlette III for transporting adulterated meat, announced U.S. Attorney Gregory K. Davis. El Ranchito Corporation was fined $6,000 dollars and placed on one year probation.
The investigation in this case revealed that Joel Cervantes, who was previously convicted of inhumanely slaughtering animals, was the President of El Ranchito Corporation. El Ranchito is a Mexican Restaurant located in Tickfaw, Louisiana and incorporated in the State of Louisiana. Cervantes owned land in Magnolia, Mississippi near Highway 51 where he kept swine for the purpose of supplying El Ranchito Corporation with pork. Cervantes routinely butchered swine in unsanitary conditions, and then transported the meat from Magnolia, Mississippi to El Ranchito restaurant in Tickfaw, LA. The meat was then sold to the customers of El Ranchito. In all approximately 6,771 pounds of adulterated pork was sold to customers of El Ranchito.
This case was investigated by the United States Department of Agriculture Food Safety and Inspection Service and prosecuted by Assistant U.S. Attorney Patrick Lemon.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Doctor Admits Taking Bribes in Test-Referral Scheme with New Jersey Clinical LabRead the Press Release
NEWARK, N.J. – An internist with a practice in Montclair, N.J., admitted today accepting bribes in exchange for test referrals as part of a long-running scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, N.J., its president and numerous associates, U.S. Attorney Paul J. Fishman announced.
Charles Goldberg, 60, of West Orange, N.J., pleaded guilty before U.S. District Judge Stanley R. Chesler in Newark federal court to an information charging him with one count of accepting bribes.
Including Goldberg, 23 people – 12 of them physicians– have pleaded guilty in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies.According to documents filed in these and related cases and statements made in court: Goldberg admitted accepting bribes of $1,800 per month through a sham lease agreement with BLS, which identified the waiting room, bathroom and one examination room in Goldberg’s office as being leased.
The bribery count to which Goldberg pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. He will be sentenced on a date to be determined. As part of his guilty plea, Goldberg agreed to forfeit $58,000, representing the bribes he received from BLS.
The BLS investigation has recovered more than $7 million to date through forfeiture.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Thomas O’Donnell; IRS – Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen; and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates, with the ongoing investigation leading to today’s guilty pleas.
The government is represented by Senior Litigation Counsel Andrew Leven, Assistant U.S. Attorney Joseph Minish, and Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark, as well as Assistant U.S. Attorney Barbara Ward of the office’s Asset Forfeiture and Money Laundering Unit.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $535 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
14-068Defense counsel: A. Ross Pearlson Esq., West Orange, N.J.
Goldberg InformationDepartments of Justice and Health and Human Services Announce Record-Breaking Recoveries Resulting from Joint Efforts to Combat Health Care FraudRead the Press Release
Attorney General Eric Holder and HHS Secretary Kathleen Sebelius today released the annual Health Care Fraud and Abuse Control (HCFAC) Program report showing that for every dollar spent on health care-related fraud and abuse investigations through this and other programs in the last three years, the government recovered $8.10. This is the highest three-year average return on investment in the 17-year history of the HCFAC Program.
The government’s health care fraud prevention and enforcement efforts recovered a record-breaking $4.3 billion in taxpayer dollars in Fiscal Year (FY) 2013, up from $4.2 billion in FY 2012, from individuals and companies who attempted to defraud federal health programs serving seniors or who sought payments from taxpayers to which they were not entitled. Over the last five years, the administration’s enforcement efforts have recovered $19.2 billion, up from $9.4 billion over the prior five-year period. Since the inception of the program in1997, the HCFAC Program has returned more than $25.9 billion to the Medicare Trust Funds and treasury.
These recoveries, released today in the annual HCFAC Program report, demonstrate President Obama’s commitment to making the elimination of fraud, waste and abuse, particularly in health care, a top priority for the administration. This is the fifth consecutive year that the program has increased recoveries over the past year, climbing from $2 billion in FY 2008 to over $4 billion every year since FY 2011.
The success of this joint Department of Justice and HHS effort was made possible in part by the Health Care Fraud Prevention and Enforcement Action Team (HEAT), created in 2009 to prevent fraud, waste and abuse in Medicare and Medicaid and to crack down on individuals and entities that are abusing the system and costing American taxpayers billions of dollars.
“With these extraordinary recoveries, and the record-high rate of return on investment we’ve achieved on our comprehensive health care fraud enforcement efforts, we’re sending a strong message to those who would take advantage of their fellow citizens, target vulnerable populations, and commit fraud on federal health care programs,” said Attorney General Eric Holder. “Thanks to initiatives like HEAT, our work to combat fraud has never been more cooperative or more effective. And our unprecedented commitment to holding criminals accountable, and securing remarkable results for American taxpayers, is paying dividends.”
“These impressive recoveries for the American taxpayer are just one aspect of the comprehensive anti-fraud strategy we have implemented since the passage of the Affordable Care Act,” said HHS Secretary Sebelius. “We’ve cracked down on tens of thousands health care providers suspected of Medicare fraud. New enrollment screening techniques are proving effective in preventing high risk providers from getting into the system, and the new computer analytics system that detects and stops fraudulent billing before money ever goes out the door is accomplishing positive results – all of which are adding to savings for the Medicare Trust Fund.”The new authorities under the Affordable Care Act granted to HHS and the Centers for Medicare & Medicaid Services (CMS) were instrumental in clamping down on fraudulent activity in health care. In FY 2013, CMS announced the first use of its temporary moratoria authority granted by the Affordable Care Act. The action stopped enrollment of new home health or ambulance enrollments in three fraud hot spots around the country, allowing CMS and its law enforcement partners to remove bad actors from the program while blocking provider entry or re-entry into these already over-supplied markets.
The Justice Department and HHS have improved their coordination through HEAT and are currently operating Medicare Fraud Strike Force teams in nine areas across the country. The strike force teams use advanced data analysis techniques to identify high-billing levels in health care fraud hot spots so that interagency teams can target emerging or migrating schemes as well as chronic fraud by criminals masquerading as health care providers or suppliers. The Justice Department’s enforcement of the civil False Claims Act and the Federal Food, Drug and Cosmetic Act has produced similar record-breaking results. These combined efforts coordinated under HEAT have expanded local partnerships and helped educate Medicare beneficiaries about how to protect themselves against fraud.
In Fiscal Year 2013, the strike force secured records in the number of cases filed (137), individuals charged (345), guilty pleas secured (234) and jury trial convictions (46). Beyond these remarkable results, the defendants who were charged and sentenced are facing significant time in prison – an average of 52 months in prison for those sentenced in FY 2013, and an average of 47 months in prison for those sentenced since 2007.
In FY 2013, the Justice Department opened 1,013 new criminal health care fraud investigations involving 1,910 potential defendants, and a total of 718 defendants were convicted of health care fraud-related crimes during the year. The department also opened 1,083 new civil health care fraud investigations.
The strike force coordinated a takedown in May 2013 that resulted in charges by eight strike force cities against 89 individuals, including doctors, nurses and other licensed medical professionals, for their alleged participation in Medicare fraud schemes involving approximately $223 million in false billings. As a part of the May 2013 takedown, HHS also suspended or took other administrative action against 18 providers using authority under the health care law to suspend payments until an investigation is complete.
In March 2011, CMS began an ambitious project to revalidate all 1.5 million Medicare enrolled providers and suppliers under the Affordable Care Act screening requirements. As of September 2013, more than 535,000 providers were subject to the new screening requirements and over 225,000 lost the ability to bill Medicare due to the Affordable Care Act requirements and other proactive initiatives. Since the Affordable Care Act, CMS has also revoked 14,663 providers and suppliers’ ability to bill the Medicare program. These providers were removed from the program because they had felony convictions, were not operational at the address CMS had on file, or were not in compliance with CMS rules.
HHS and the Justice Department are leading historic efforts with the private sector to bring innovation to the fight against health care fraud. In addition to real-time data and information exchanges with the private sector, CMS’ Program Integrity Command Center worked with the HHS Office of the Inspector General and the FBI to conduct 93 missions to detect, investigate, and reduce improper payments in FY 2013.
From May 2013 through August 2013, CMS led an outreach and education campaign targeted to specific communities where Medicare fraud is more prevalent. This multimedia campaign included national television, radio, and print outreach and resulted in an increased awareness of how to detect and report Medicare fraud.
To read today’s report visit http://oig.hhs.gov/publications/docs/hcfac/FY2013-hcfac.pdf
For previous years’ reports visit https://oig.hhs.gov/reports-and-publications/hcfac/index.asp
For more information on the joint DOJ-HHS Strike Force activities, visit: www.StopMedicareFraud.gov/.
Dallas Man Faces up to Life in Federal Prison After Pleading Guilty to Sex Trafficking of ChildrenRead the Press Release
DALLAS — Keith Williams, aka “Chucky Blood,” 24, of Dallas, appeared in federal court yesterday and pleaded guilty, before U.S. Magistrate Judge Paul D. Stickney, to one count of sex trafficking of children. He faces a maximum statutory penalty of not less than 10 years and up to life in federal prison and a $250,000 fine. He is scheduled to be sentenced by U.S. District Judge David C. Godbey on June 9, 2014. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Williams’ co-defendant in the case, Erin Patton, 25, also of Dallas, is set for trial for June 2, 2014, on an indictment charging her with the same offense. Both Williams and Patton are in custody.
According to documents filed in the case, in September 2012, after she ran away from home, 14-year-old “Jane Doe” met Erin Patton. Patton let Jane Doe stay with her, and Patton facilitated Jane Doe’s engaging in commercial sex acts by driving her to locations where the acts occurred and providing her a cell phone so she could post her services on “Mocospace” and Backpage.com. Jane Doe gave Patton money she earned from engaging in the sex acts.
Again, in November 2012, after she again ran away from home, Jane Doe contacted Patton. This time, both Patton and Williams picked up Jane Doe and posted her availability to engage in commercial sex acts on Backpage.com. While Williams went to serve a jail sentence shortly thereafter, Patton continued facilitating Jane Doe’s commercial sex acts. Jane Doe eventually left.
In April 2013, Jane Doe again contacted Patton and told her she was still in school, but wanted to leave and wanted Patton to pick her up. Patton and Williams agreed to let Jane Doe stay with them, but they told her she was going to have to engage in commercial sex acts, as she had done in the past, to pay for her expenses. Williams and/or Patton drove Jane Doe to meet with customers and Jane Doe gave all the money she earned to Williams and Patton.
On May 4, 2013, officers with the Dallas Police Department (DPD) encountered now 15-year-old Jane Doe, in a car parked in an area known for prostitution. Williams came by shortly thereafter. He admitted knowing she was 15, driving her to meet with customer and collecting proceeds from her “dates.”
DPD led the investigation, with assistance from the FBI. Assistant U.S. Attorney Cara Foos Pierce is prosecuting.
Criminal Immigration Charges Brought Against Two Illegal AliensRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, announced today that charges have been brought against the following:
Martin Perez-Gomez, age 30, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg today. The indictment alleges that Perez-Gomez, an alien who has previously been arrested and deported from the United States in June 2008, did knowingly and unlawfully reenter the United States and was apprehended in Adams County, Pennsylvania.
If convicted, Gomez-Perez faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
Dario Cruz-Reyes, age 35, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg today. The indictment alleges that Cruz-Reyes, an alien who has previously been arrested and deported from the United States in August 2009, did knowingly and unlawfully reenter the United States and was apprehended in Cumberland County, Pennsylvania.
If convicted, Cruz-Reyes faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and are being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offenses are not an accurate indicator of the potential sentence for a specific defendant.
Connecticut Ponzi Scheme Operator Who Stole $27 Million Sentenced to 25 Years in Federal PrisonRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that GREGORY P. LOLES, 54, formerly of Easton, Conn., was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 300 months of imprisonment, followed by three years of supervised release, for defrauding investors, including a Connecticut church, of approximately $27 million.
“For nearly a decade, this defendant abused the trust of friends and clients, and stole millions from his own church.” stated U.S. Attorney Daly. “He engaged in a carefully calculated fraud that included the use of sham companies, phony documents and endless lies to investors. His scheme was for his own material gain, including the purchase of an extravagant home and the funding of a professional car racing team. This long sentence is clearly appropriate as the defendant preyed upon and devastated innocent victims who had placed their trust in him.”
“Today’s sentence will hopefully deter investment advisors and other financial services professionals from defrauding their investors,” stated Special Agent in Charge Ferrick. “For years, the defendant systematically swindled numerous victims, including friends and fellow parishioners, of approximately $27 million dollars. While most of the details of his heartless frauds have been uncovered, the depth of the destruction of trust and faith may never be fully revealed. Unfortunately, this is an all too common occurrence and another reminder to investors to do your due diligence before investing with anyone.”
According to court documents and statements made in court, LOLES owned Apeiron Capital Management, Inc., which was an investment adviser and broker dealer registered with the U.S. Securities and Exchange Commission from 1995 through 1998, at which point the registrations were cancelled. However, LOLES continued to operate Apeiron as an unregistered investment adviser and falsely represented Apeiron to be a registered investment management firm. LOLES also was the majority owner and managing member of Farnbacher Loles Motor Sports, Farnbacher Loles Racing, Farnbacher Loles Street Performance, and various other Farnbacher Loles businesses, which were based in Danbury, and were engaged in the business of professional race team operations and servicing high-performance automobiles.
For nearly a decade, LOLES falsely represented to numerous victim-investors, including friends and fellow parishioners of a church in Orange, Conn., that he would act as their investment adviser and invest their funds through Apeiron in various securities including in what he described as “Arbitrage Bonds,” which LOLES represented would provide investors with a safe and steady return. LOLES also was selected to serve on the board of the church’s endowment fund and was entrusted to manage the church’s investment funds, including the endowment fund and the building fund, by investing in, among other things, Arbitrage Bonds. However, the Arbitrage Bonds did not exist.
Instead of investing funds as promised, LOLES used the money to fund his Farnbacher Loles operation, to pay personal expenses, and to purchase a large home with a pool, tennis court and multi-car garage for his sports cars. In order to keep his scheme from being detected, LOLES provided investors with fraudulent account statements and also made periodic “lulling” payments to certain investors using a portion of other victim-investors’ funds.
Through this scheme, LOLES stole approximately $27 million from more than 50 victims, including approximately $2 million from his church and approximately $14 million from a single family in Greece. LOLES also defrauded clients of Farnbacher Loles.
Some of the individual investors lost their life savings, and provided LOLES with funds that had previously been invested in IRAs, 401(k)s, or were proceeds of life insurance payments.
LOLES has been detained since his arrest on December 15, 2009. On July 26, 2011, he pleaded guilty to one count of mail fraud, one count of wire fraud, one count of securities fraud and one count of money laundering.
Judge Thompson found that LOLES attempted to obstruct the investigation of this matter, after he was arrested, by making false statements to the Federal Bureau of Investigation in relation to the $14 million he stole from the family in Greece. Judge Thompson also found that LOLES willfully attempted to mislead the court and committed perjury while testifying during multiple pre-sentencing hearings.
This matter was investigated by the Federal Bureau of Investigation, with the assistance of the U.S. Securities and Exchange Commission, Internal Revenue Service – Criminal Investigation and the Social Security Administration, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Michael S. McGarry.
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(203) 821-3722 [email protected]Collegeville Man Charged in Child Exploitation CaseRead the Press Release
Matthew Krapf, 43, of Collegeville, PA, is charged by Indictment, unsealed today, with numerous counts of child exploitation, announced United States Attorney Zane David Memeger. Krapf is charged with 10 counts, each, of using or inducing a child to pose for child pornography, use of an interstate commerce facility to entice a minor to engage in sexual contact, three counts of distribution of child pornography, and one count of possession of child pornography. He is currently in federal custody awaiting trial.
According to the indictment, Krapf abused the children at locations in Bucks and Montgomery counties.
If convicted of all charges, Krapf faces a maximum possible sentence of life imprisonment, and a mandatory minimum of 15 years.
The case was investigated by Immigration and Customs Enforcement Homeland Security Investigations, Montgomery County District Attorney’s Office, and the Limerick Township Police Department, and is being prosecuted by Assistant United States Attorney Michelle Rotella.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Co-Defendant in Cocaine Distribution Conspiracy Case Involving Former NFL Player Sam Hurd Is SentencedRead the Press Release
DALLAS — The last defendant convicted in the cocaine distribution conspiracy case that involved former NFL player Sam Hurd, III, was sentenced this afternoon in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña, of the Northern District of Texas.
Toby Lujan, 28, of Dallas, was sentenced by U.S. District Judge Jorge A. Solis, to 41 months in federal prison. He was ordered to surrender to the Bureau of Prisons on April 2, 2014. Lujan pleaded guilty in September 2012 to one count of possession with intent to distribute cocaine.
Hurd was sentenced in November 2013 to serve 15 years in federal prison. He pleaded guilty in April 2013 to conspiring to possess with the intent to distribute five kilograms or more of cocaine and 100 kilograms or more of marijuana. In addition, in June 2012, Hurd, while on pretrial release, attempted to possess with intent to distribute five kilograms or more of cocaine and at least 50 kilograms, but less than 100 kilograms, of marijuana.
Hurd’s cousin, Jesse Tyrone Chavful, of San Antonio, Texas, was sentenced in October 2013 to serve a total of 127 months in federal prison. He pleaded guilty in October 2012 to one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine. Since he committed this offense while he was on supervision for a federal drug-related firearm offense, the Court revoked his supervision and ordered that he serve 30 months in custody, consecutive to the 97-month sentence that he received for the instant offense.
Lujan and Chavful agreed to help Hurd with his illicit drug venture which he ran while he played professional football for the Dallas Cowboys and then later after he began playing football for the Chicago Bears.
For instance, on July 27, 2011, Hurd provided $88,000 to Lujan to purchase several kilograms of cocaine for him, and Hurd also loaned Lujan his Cadillac Escalade to conduct the drug transaction. Law enforcement officers stopped Lujan driving Hurd’s Cadillac and seized the $88,000 from a canvas bag containing marijuana residue. Lujan continued to try to acquire cocaine for Hurd, at Hurd’s request, which ultimately led to the December 14, 2011, meeting at a Chicago steakhouse in which Hurd agreed to buy multiple kilograms of cocaine from an undercover officer posing as a drug trafficker, on a weekly basis, for $25,000 per kilogram. Hurd was arrested as he left that steakhouse with a gift bag containing a one-kilogram sample of cocaine the “drug trafficker” gave him.
During fall 2011, while Hurd was playing football for Chicago, he contacted Chavful and asked him to find 10 kilograms of cocaine. Chavful then met with witnesses at his T-shirt shop in San Antonio and negotiated the sale for Hurd. On November 10, 2011, Chavful and a witness discussed drug loads going north, that is, to Hurd in Chicago. Chavful advised the witness not to worry about the payment because Hurd had money. Chavful also cautioned that Hurd could not be present when the drugs were delivered because of media concerns.
During spring 2012, while on pre-trial release for pending federal drug offenses, Hurd met with Chavful at his San Antonio T-shirt shop and asked him to get him cocaine and marijuana. In late May, Chavful met with a witness and agreed to buy five kilograms of cocaine and 200 pounds of marijuana, and told the witness that Hurd, whom he described as the money, was in on the transaction and ready to move. On June 6, 2012, federal law enforcement officers arrested Chavful after the witness and an undercover officer delivered the drugs to Chavful. Chavful admitted that he had phoned Hurd that day, at the telephone number listed under Big Sam in his cell phone contacts, to let Hurd know about the drugs.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay and Assistant U.S. Attorney John Kull prosecuted.
Cleveland Woman Charged with Defrauding Social Security Out of $37,000Read the Press Release
A Cleveland woman was indicted today by a federal grand jury for theft of public money and false statements to a federal agency related to the theft of more than $37,000 in Social Security funds, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Zulma Rullan, 47 is accused of submitting false statements to the Social Security Administration on behalf of her daughter and herself, claiming Social Security benefits to which neither woman was entitled. The alleged theft of Social Security funds occurred between 2005 and 2013 and totaled approximately $37,427.78, according to the indictment.
The United States Social Security Administration -- Office of the Inspector General and the United States Department of Agriculture -- Office of the Inspector General conducted the investigation. The case is being prosecuted by Assistant United States Attorney Miranda Dugi.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Charleston Man Sentenced for Failing to Register as A Sex OffenderRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced yesterday to a total of 29 months’ imprisonment for violating the Sex Offender Registration and Notification Act (SORNA), United States Attorney Booth Goodwin announced. Sam Bailey, Jr., pleaded guilty to violating SORNA’s requirement that a sex offender update his registration when moving to another state or changing employment. Bailey moved from Kanawha County to Columbus, Ohio, in 2012 but failed to register as a sex offender at his new residence.
Bailey’s sex-offender status stems from a first-degree rape conviction in Monroe County, New York, in 1979.
At the time of Bailey’s SORNA violation, he was on federal supervised release for an unrelated drug conviction. His SORNA violation also constituted a violation of his supervised release conditions. The sentence imposed yesterday thus comprised 21 months’ imprisonment for the SORNA violation itself and eight months’ imprisonment for the supervised release violation. Bailey’s sentence also includes five years of supervised release after incarceration and a lifetime sex-offender registration requirement.
SORNA, also known as the Adam Walsh Child Protection and Safety Act, was enacted in 2006 to protect children from sexual exploitation and violent crime.
The United States Marshals Service conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston. The case was prosecuted as part of Project Safe Childhood, an initiative launched by the Department of Justice that implements a unified and comprehensive strategy to reduce the sexual exploitation of children. Project Safe Childhood combines law enforcement efforts, community action, and public awareness toward this goal.
Chapmanville Man Charged with Illegally Distributing Prescription PainkillersRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today charged Carl Tomblin, 50, of Chapmanville, W.Va., with illegal drug distribution. According to an information filed in federal court today, Tomblin distributed oxymorphone, a powerful painkiller often sold under the brand name Opana.
The investigation that led to today’s charge is being conducted by the U.S. 119 Task Force and the West Virginia State Police. The prosecution is part of an ongoing effort by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. Assistant United States Attorney Haley Bunn is handling the prosecution.
Click here to view a copy of the information.
Note: An information is only an accusation and is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Buffalo Man Pleads Guilty to Bank RobberyRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Bland, 18, of Buffalo, N.Y., pleaded guilty to bank robbery, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $250,000,00 fine or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Bland robbed three M&T Banks located at 1300 Jefferson Avenue in Buffalo, 750 Main Street in Niagara Falls, and 1877 Main Street in Buffalo, between August 21, 2013 and September 4, 2013.
The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation, the Buffalo Police Department, of under the direction of Commissioner Daniel Derenda, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
Sentencing scheduled for June 16, 2014 at 12:30 p.m. before Judge Arcara.Boston Man Sentenced to 70 Months in Prison for Wire Fraud and Aggravated Identity TheftRead the Press Release
BOSTON – A Boston man was sentenced late yesterday for his role in a wire fraud and identity theft scheme.
Jean Exume, 32, of Dorchester, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 70 months in prison to be followed by three years of supervised release. On August 5, 2013, Exume was convicted of 22 counts of wire fraud and three counts of aggravated identity theft following a six-day jury trial.
From December 2009 through October 2011, Exume was an active participant in a scheme in which he used fraudulently obtained Bank of America bank cards that belonged to Bank of America customers primarily living in the Greater Boston area to purchase postal money orders. Exume often utilized fraudulent Florida driver’s licenses in the names of several of these customers in connection with the purchases. In addition, Exume used the Bank of America cards to withdraw funds directly from the customers’ accounts. The overall loss associated with Exume’s scheme was over $500,000.
United States Attorney Carmen M. Ortiz, Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, and Boston Police Commissioner William B. Evans made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Vassili Thomadakis of Ortiz’s Economic Crimes Unit and Amy Harman Burkart of Ortiz’s Cybercrime Unit.
Baltimore Armed Career Criminal Exiled to 15 Years in Prison for Illegal Possession of A GunRead the Press Release
Baltimore, Maryland – U.S. District Judge William D. Quarles, Jr. sentenced Daniel Taylor, age 45, of Baltimore, Maryland, today to 15 years in prison, followed by five years of supervised release, for being a felon in possession of a firearm. Judge Quarles found that Taylor was an armed career criminal based on three previous convictions for first degree assault, unlawful manufacturing of drugs and possession with intent to distribute drugs.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
According to Taylor’s plea agreement, on May 30, 2012, Baltimore Police detectives stopped a car in the area of the 2200 block of East Biddle Street in Baltimore to determine if the car’s dark tinted windows were illegal. The passenger, Daniel Taylor, became visibly nervous. One of the detectives searched Taylor and recovered a loaded 9mm luger semi-automatic pistol from Taylor’s waistband. Due to his previous convictions Taylor was prohibited from possessing a firearm or ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Scott A. Lemmon and John F. Purcell, Jr., who prosecuted the case.
Arizona Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rio Rico, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 24, 2014 by U.S. District Judge Karen E. Schreier.
Eduardo Martinez-Torres, age 30, was sentenced to 135 months in prison to be followed by 5 years of supervised release.
Martinez-Torres was indicted on the conspiracy charge by a federal grand jury on June 4, 2013, and he pled guilty on November 13, 2013.
During his involvement in the conspiracy, Martinez-Torres shipped methamphetamine to a co-conspirator in Sioux Falls, who in turn distributed it. He also collected payment for methamphetamine he had previously shipped.
This case was investigated by the South Dakota Division of Criminal Investigation and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Martinez-Torres was immediately turned over to the custody of the U.S. Marshals Service.
Alleged Members of ATM Skimming Scheme Targeting New Jersey Bank Customers in Court for Guilty Plea, SentencingRead the Press Release
NEWARK, N.J. — Two of the leaders of a scheme to steal account information from bank customers throughout New York, New Jersey and Connecticut by installing secret card-reading devices on ATMs were in court today for separate proceedings, U.S. Attorney Paul J. Fishman announced.
Bogdan Radu, 31, of Queens, N.Y., pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with one count of conspiracy to commit bank fraud and one count of aggravated identity theft. Marius Vintila, 31, of Queens, was arraigned before Judge Martini after being charged in a six-count indictment on Feb.18, 2014, with conspiracy to commit bank fraud, aggravated identity theft, conspiracy to possess 15 or more counterfeit access devices, possession of 15 or more counterfeit access devices, conspiracy to possess access device-making equipment and possession of access device-making equipment. The ATM skimming operation involving Romanian nationals living in Queens is one of the largest ever uncovered by law enforcement.
Also today, Constantin Ginga, 53, who previously pleaded guilty before Judge Martini to one count of conspiracy to commit bank fraud and one count of aggravated identity theft, was sentenced to 57 months in prison and two years of supervised release. Restitution will be determined at a later date. On Feb. 25, 2014, another defendant, Marius Cotiga, 35, pleaded guilty to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in these and related cases and statements made in court:
Radu admitted designing and creating ATM skimming devices and pinhole cameras. Each skimmer, an electronic device, would read and record identity and account information contained in the magnetic strip of a customer’s ATM card. The pinhole camera secretly recorded bank customers’ keystrokes as they entered their personal identification numbers. Radu taught others how to install them on bank ATMs, and gave his conspirators the devices and pinhole cameras to install on bank ATMs throughout New Jersey, New York, Connecticut and Florida. After capturing customer account information, Radu and others created counterfeit ATM cards they used to withdraw millions of dollars in cash from bank ATMs. From June 2012 through July 2013, they used these devices and cameras to defraud Wells Fargo, Citibank and TD Bank of $5 million.
Vintila worked with Radu to design and create the skimming devices and pinhole cameras and recruited individuals, including Cotiga and Ginga, to install them on bank ATMs. Vintila also used an alias to rent multiple self-storage units, in which he stored the contents of an entire skimming operation, including skimming devices, pinhole cameras, super glue, tape, SD cards, batteries, computers, molds, fraudulent ATM cards and cash proceeds. He was apprehended in Sweden and extradited to the United States on Feb. 7, 2014.
Cotiga and Ginga admitted they installed skimmers and pinhole cameras at bank ATMs and subsequently used counterfeit ATM cards to withdraw cash from bank ATMs. Cotiga, Ginga and others stole approximately $985,000 from Citibank ATMs in New Jersey, New York and Connecticut.
The charges to which Radu and Cotiga pleaded guilty arose from a larger investigation into a skimming scheme that targeted customers in the tri-state area in 2012 and early 2013. Of the 11 others charged in the scheme, all Romanian nationals who lived in Queens, 10 are in custody.
The bank fraud conspiracy charge to which Radu and Cotiga each pleaded guilty carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge to which Radu pleaded guilty carries a mandatory, consecutive penalty of two years in prison and a $250,000 fine. Sentencings for Radu and Cotiga are currently scheduled for June 5, 2014.
U.S. Attorney Fishman praised special agents of the U.S. Secret Service, Newark Field Office, under the direction of Special Agent in Charge James Mottola, along with special agents of Immigration and Customs Enforcement, Homeland Security Investigations in Newark, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation. He also thanked the Englewood, N.J., Police Department for their role in effecting Ginga’s arrest.
The charges and allegations against the other defendants charged in the pending complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorneys Rahul Agarwal and David Eskew of the U.S. Attorney’s Office Criminal Division in Newark.
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Defense counsel: Radu: John P. McGovern Esq., Newark
Vintila: Chris Adams Esq., Colts Neck, N.J.
Ginga: Warren Sutnick Esq., Hackensack, N.J.
Cotiga: John Weichsel Esq., HackensackRadu Information
Cotiga InformationAlien Sentenced for Possessing Firearms He Intended to Take to MexicoRead the Press Release
McALLEN, Texas – Manuel Francisco Gomez-Perales, a Mexican national who returned to the United States illegally to recover firearms previously acquired for another person knowing those firearms were destined for Mexico, has been sentenced to prison, United States Attorney Kenneth Magidson announced today.
Chief United States District Judge Ricardo H. Hinojosa sentenced Gomez-Perales, 31, of Monterrey, Nuevo Leon, Mexico, to 114 months of imprisonment. On Sept. 7, 2011, Gomez pleaded guilty to being an alien, illegally and unlawfully present in the United States, in possession of firearms.
Gomez had been removed from the United States on Aug. 9, 2010, but had returned illegally four days later. Homeland Security Investigations (HSI) agents were able to locate Gomez and began to follow his vehicle. Once he noticed the agents, Gomez attempted to flee. Ultimately, he crashed his vehicle into a utility pole, then fled on foot, abandoning his common law spouse and child, before being apprehended by law enforcement.
Inside the vehicle, law enforcement located four AKM type rifles with obliterated serial numbers.
Gomez admitted he had acquired the firearms with the intent to ship them to other persons and that the firearms were destined for Mexico. Gomez further admitted he was deported before he could transfer the firearms; therefore, he had returned to the United States to complete the transfer as originally planned.
Gomez has been in custody since his arrest where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation was conducted by HSI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pharr Police Department. The case was prosecuted by Assistant United States Attorney (AUSA) Steven Schammel. AUSA Jason C. Honeycutt handled the sentencing today.
Akron Man Faces Heroin ChargesRead the Press Release
A federal grand jury returned a four-count indictment charging Desean R. Harbin, 32, of Akron, with possession with intent to distribute and distribution of heroin, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on October 31, November 12, December 16, and December 19, 2013, Harbin possessed and distributed amounts of heroin.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the Akron Police Department. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
AdvisoryRead the Press Release
The attached documents in the matter of the United States of America vs. Charles D. Moreau were filed today with the U.S. District Court in Providence.
The matter is scheduled to be heard by U.S. District Court Judge John J. McConnell, Jr., at 9 AM on Friday, February 28, 2014.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Acting Assistant Attorney General Raman <br /> Announces Departure from Criminal DivisionRead the Press Release
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division announced her departure from the department today, effective as of March 21, 2014.
“Over the past year, Mythili Raman has done an exemplary job of leading the Criminal Division during a pivotal time,” said Attorney General Eric Holder. “Since she first joined the department as a Criminal Division trial attorney nearly two decades ago, and throughout her career both in the division and the Maryland U.S. Attorney’s Office, Mythili has proven herself as a tireless and talented prosecutor, and a fearless advocate for the United States. From combating financial and health care fraud, to fighting foreign and domestic corruption, and safeguarding the American people from crime and drug-fueled violence, Mythili’s tenure as head of the Criminal Division has been defined by extraordinary achievements. Her strong and steady leadership has made an enormous difference in the past year. Although I wish her the best as she takes the next step in her career, I will sorely miss her sound judgment, her keen intellect, her close friendship, and her commitment to the work of the department. I thank her, on behalf of the American people, for her years of dedicated service.”
“I feel so lucky to have started my department career as a trial attorney in the Criminal Division seventeen and a half years ago, and feel even more fortunate that this division has been my last home at the Justice Department,” said Acting Assistant Attorney General Raman. “The Criminal Division is an extraordinary institution, and it has been a singular privilege to lead it for the past year and to serve alongside the dedicated, talented, and simply excellent women and men who work every day to do justice. I will always be grateful to the Attorney General for giving me this opportunity to serve.”
During Raman’s tenure as Acting Assistant Attorney General, the division has obtained significant results in all areas of financial fraud enforcement. Under Raman’s leadership, the Criminal Division, working alongside the Antitrust Division, launched a wide-ranging investigation of the alleged manipulation of foreign exchange rates by multi-national banks around the world. In addition, the division continued aggressively to investigate the manipulation of the London InterBank Offered Rate (LIBOR), charging six individuals at two different financial institutions and reaching a criminal resolution with one financial institution that resulted in the second largest penalty assessed in the department’s ongoing, industry-wide LIBOR probe. The division further announced charges against or convictions of more than a dozen individuals for FCPA-relation violations, and secured three of the ten largest corporate FCPA resolutions in history. In addition, Raman oversaw a record-breaking year for health care fraud enforcement in the number of cases filed, individuals charged, guilty pleas secured and convictions obtained at trial.
Under Raman’s leadership, the division also made significant strides in money laundering enforcement, including bringing charges, with the U.S. Attorney’s Office in Manhattan, against Liberty Reserve, one of the world’s largest digital currency companies, and several of its principals, in the department’s largest-ever money laundering prosecution. The division also continued to emphasize public corruption enforcement, securing several convictions in a wide range of domestic public corruption cases throughout the country, including of former U.S. Congressman Richard Renzi of Arizona, and obtaining separate convictions of several individuals, including a former candidate for U.S. Congress, for violations of federal campaign finance laws.
During Raman’s tenure, the division has aggressively pursued cyber crime and intellectual property crimes, and is currently conducting the ongoing investigation of the data breach at Target. Among other prosecutions, the division, with the U.S. Attorney’s Office in Atlanta, secured the guilty plea of an international cybercriminal from Thailand who was responsible for distributing “Spy Eye” malware that infected 1.4 million computers around the world. The division also charged the first-ever copyright infringement cases involving counterfeit mobile device apps.
The division also continued to make great strides in the fight against violent crime, convicting several members of the Los Zetas cartel for the 2011 murder of an American law enforcement agent in Mexico and, just a few weeks ago, securing the conviction of a leader of the Barrio Azteca gang who was responsible for the murder of employees of a U.S. consulate in Mexico.
Raman joined the department as a trial attorney in the Criminal Division in 1996. In 1999, she joined the U.S. Attorney’s Office in Maryland where she served in a number of leadership positions, including Appellate Chief and Chief of the office’s southern division. She returned to the Criminal Division in 2008, serving first as acting Chief of Staff, and then as Principal Deputy Assistant Attorney General and Chief of Staff, until she was named Acting Assistant Attorney General of the Criminal Division on March 1, 2013.
25 February 2014
Winter Park Man Sentenced to 8 Years in Federal Prison for Distribution and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Robert Magruder, Jr. (55, Winter Park) to 8 years in federal prison for distributing and possessing child pornography. As part of his sentence, Magruder was ordered to serve a 10-year term of supervision, following his release from prison, and required to register as a sex offender. The court also ordered Magruder to forfeit the devices he used to possess and distribute the child pornography. Magruder pleaded guilty on October 31, 2013.
According to court documents, on April 5, 2013, Magruder made files of child pornography available for download by other individuals by placing the files into a shared folder of an online peer-to-peer file sharing network. On this same date, from Magruder’s computer, an undercover Task Force Agent downloaded three sets of videos depicting children less than 12 years of age being sexually abused, exploited, and subjected to sadistic or masochistic conduct. Magruder was subsequently identified by the Federal Bureau of Investigation as the user of the computer that distributed the images.
On June 12, 2013, agents interviewed Magruder at his residence. He admitted that he used the peer-to-peer file sharing program to search for and collect child pornography, and acknowledged that he was aware that files in his shared folder were available for download by other individuals. Agents also executed a search warrant at Magruder’s residence and seized electronic devices containing several images and videos of child pornography as well as evidence of Magruder’s use of the peer-to-peer file sharing program that he used to distribute the child pornography.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
United States Settles False Claims Act Lawsuit Against Florida Pain Clinic and Its OwnerRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announced today that a Florida-based physician, Dr. Steven Chun, has agreed to pay $750,000 to resolve allegations that he and his clinic billed Medicare for physician office visits that he did not perform.
The United States alleges that, between 2006 and 2011, Dr. Chun owned and operated a clinic, first in Sarasota and then in Bradenton, called Sarasota Pain Associates. The United States alleges that, beginning in 2006, Dr. Chun billed Medicare for office visits at the highest levels possible, falsely claiming to have conducted comprehensive examinations of patients with complex problems. In fact, those patients visited Sarasota Pain Associates for scheduled procedures for which Dr. Chun was paid. In addition to getting paid for those procedures, Dr. Chun billed and was paid by Medicare for examinations that he did not in fact perform."This settlement is a significant achievement by our Civil Division, which showed great determination in pursuing a troubling pattern of billing fraud," said U.S. Attorney A. Lee Bentley, III. "This case should send a message that we will not tolerate this kind of health care fraud in the Middle District of Florida."
"Count on my agency to aggressively pursue cases whether the target is a large corporation or a single provider," said Christopher B. Dennis, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General Miami region. "Besides a significant payment, Dr. Chun has agreed to let an independent organization review his claims for three years and then report to the government."
The allegations covered by the settlement were raised in a lawsuit filed by Cathia Gavin and Penelope Thomas, who both formerly worked as nurses for Dr. Chun. The suit was filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for the submission of false claims and to receive a share of any recovery. The False Claims Act authorizes the United States to intervene in such lawsuits and take over primary responsibility for settling or litigating them.
In addition to the $750,000 payment, Dr. Chun will enter into a three-year Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General. The agreement requires Dr. Chun to attend training courses provided by the Centers for Medicare and Medicaid Services and to conduct an independent external review of his coding, billing, and claims submission to federal health care programs.
This settlement illustrates the government’s emphasis on combating health care fraud. 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 investigation of this matter reflects a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services’ Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Gavin v. Sarasota Pain Associates, P.A. and Steven Y. Chun, M.D., 6:11-cv-583-T-23TBM (M.D. Fla.). The claims asserted against the defendants are allegations only, and there has been no determination of liability.
United States Postal Service Employee Charged in Scheme to Fraudulently Extinguish Debts and to Obtain Fraudulent Tax RefundsRead the Press Release
Aaron H. Kelly, a United States Postal Service employee, was indicted yesterday in the U.S. District Court for the District of Maryland for four counts of mail fraud, two counts of bank fraud, one count of corruptly endeavoring to obstruct and impede the Internal Revenue Service (IRS) and two counts of aiding and assisting in the preparation of false tax returns, the Justice Department and IRS announced today following the unsealing of the indictment.
According to the indictment, Kelly, a resident of Maryland, engaged in a scheme to defraud the IRS, the Thrift Saving Plan and the Educational Systems Federal Credit Union by sending fictitious financial instruments to fraudulently extinguish the taxes he owed to the United States as well as the debts he owed to the Thrift Savings Plan and the Federal Credit Union. In addition, Kelly submitted two false tax returns to the IRS that requested millions of dollars in fraudulent refunds.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Kelly faces a statutory maximum potential sentence of 20 years in prison for each mail fraud count, 30 years in prison for each bank fraud count and three years in prison for each of the tax-related counts.
This case was investigated by the Treasury Inspector General for Tax Administration and special agents of IRS - Criminal Investigation. Trial Attorneys Ken Vert and Yael T. Epstein of the department’s Tax Division are prosecuting the case.
U.S. Attorney to Convene Roundtable Discussion on State's Emerging Heroin EpidemicRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin is bringing together state legislators and medical, treatment, prevention and law enforcement professionals to discuss the influx of heroin into West Virginia, as well as strategies and next steps in turning back the tide of heroin addiction.
WHAT: Heroin Roundtable Discussion
WHEN: Wednesday, February 26, 2014, 5:30pm
WHERE: Robert C. Byrd United States Courthouse, 300 Virginia Street East, Fifth Floor
WHO: U.S. AttorneyBooth Goodwin and panelists including: WV Delegate Don PerdueWV Senator Ron Stollings
P. Bradley Hall, MD, Executive Medical Director, WV Medical Professionals Health Program and President, WV Society of Addiction Medicine
Carl “Rolly” Sullivan, MD, Professor and Vice-Chairman, Director of Addictions Programs, WVU School of Medicine, Department of Behavioral Medicine and Psychiatry
Allen Mock, MD, WV Chief Medical Examiner
Chief W. H. “Skip” Holbrook, Huntington Police Department
Captain Tim Bledsoe, West Virginia State Police, Bureau of Criminal Investigations
Matt Boggs, Project Director, The Healing Place of Huntington
Mike Goff, Administrator, Controlled Substances Monitoring Program, WV Board of Pharmacy
Gordon Merry, Director, Cabell County Emergency Medical Services
Kathy Paxton, Director, Division of Alcoholism and Substance Abuse, Bureau for Behavioral Health and Health Facilities, WV Department of Health and Human Resources
Stefan Maxwell, MD, Director, NICU, CAMC Women and Children’s Hospital
Denzil Hawkinberry II, MD, Community Care of WV
Two San Jose Men Indicted and Held for Sex Trafficking of ChildrenRead the Press Release
SAN JOSE – A federal grand jury in San Jose indicted Justin Everett Crutchfield and Demontae Terrell Toliver, on January 29, 2014, with sex trafficking of children and sexual exploitation of children, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
According to the indictment, Crutchfield and Toliver, ages 27 and 23, respectively, both of San Jose, Calif., are alleged to have engaged in sex trafficking of children between June 16, 2013, and June 22, 2013, recruiting and coercing two girls, ages 15 and 17, to engage in commercial sex acts on the streets of San Jose for the financial benefit of the men. Both men are further charged with the production of child pornography, taking pictures of both girls engaged in sexually explicit conduct. At the time of his arrest, Crutchfield was employed as a Peer Health Counselor with the Santa Clara County Department of Mental Health, a fact which he freely shared with the victims when he provided them with his business card.
Crutchfield was arrested by San Jose Police in June 2013, and was initially charged by the County of Santa Clara. Toliver was arrested pursuant to an outstanding warrant from the State of California on February 8, 2014. Both men were turned over to federal authorities on February 11, 2014, and made their initial appearances in federal court in San Jose that same day. Toliver had a continued bail hearing today before the Honorable Howard G. Lloyd, United States Magistrate Court Judge and was ordered to be detained pending trial. Crutchfield is also currently being held without bail. The defendants’ next scheduled appearance is at 9:00 a.m. on April 17, 2014, before the Honorable D. Lowell Jensen, United States District Court Judge.
If convicted, the defendants face a maximum sentence of life in prison, a mandatory minimum 15 years in prison, and a fine of $250,000, for each violation of 18 U.S.C. § 1591, and a maximum sentence of 30 years in prison, a mandatory minimum 15 years in prison, and a fine of $250,000 for each violation of 18 U.S.C. § 2251(a). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Amie D. Rooney is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Tracey Andersen. The prosecution is the result of a joint investigation by the San Jose Police Department Human Trafficking Task Force and the Federal Bureau of Investigation.
Please note that a criminal complaint contains only allegations against an individual and, as with all defendants, Justin Everett Crutchfield and Demontae Terrell Toliver, must be presumed innocent unless and until proven guilty.
Anyone who suspects instances of human trafficking are encouraged to call the FBI or the Human Trafficking Hotline at 1-888-373-7888. Anonymous calls are welcome.
In addition, suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, via its toll-free 24-hour hotline, 1-800-843-5678.
(Crutchfield indictment )
Three Davis Men Indicted by Federal Grand Jury with Conspiracy and Bank FraudRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that VICTOR EARL GARRETT, age 57 and ROY LYNN WESBERRY, age 54, both of Davis, Oklahoma, were indicted by a federal grand jury with Conspiracy to Commit Bank Fraud, a violation of Title 18, United States Code, Section 1349 and Bank Fraud, a violation of Title 18, United States Code, Sections 1344 and 2. W.A. MOORE, JR., a/k/a Dub Moore, age 74, also of Davis, Oklahoma, was charged and pled guilty on February 24, 2014 to an Information charging him with one count of Bank Fraud in violation of Title 18, United States Code, Section 1344.
The charges arose from a joint investigation by the United States Department of Agriculture, Office of Inspector General, the Federal Deposit Insurance Corporation, Office of Inspector General and the Federal Bureau of Investigation.
On March 11, 2011, the First National Bank of Davis, in Davis, Oklahoma, was closed by the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. The bank was closed because the bank had a cash shortfall of approximately $465,000.00.
The charges of Conspiracy to Commit Bank Fraud and Bank Fraud are in punishable by up to 30 years imprisonment and/or up to a $1,000,000 fine.
The Honorable Steven P. Shreder, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, accepted MOORE’s guilty plea of MOORE and ordered the completion of a presentence investigation report. Sentencing will be scheduled following its completion.
Assistant United States Attorney Melody Nelson and Tom Wright represent the United States.
“Defendants VICTOR EARL GARRETT and ROY LYNN WESBERRY have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. Each defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-paroleable”
Thirteen Arrested in Connection with Meth and Heroin Distribution RingRead the Press Release
Thirteen people were arrested and law enforcement seized 50 pounds of crystal meth, $160,000 of cash and seven guns in the culmination of a lengthy investigation of Pierce County based drug trafficking ring, announced U.S. Attorney Jenny A. Durkan. The Drug Enforcement Administration led the wire-tap investigation which identified the members of a criminal conspiracy distributing significant quantities of meth and heroin throughout Western Washington. The investigation uncovered a conversion lab in Spanaway, Washington where liquid meth was processed into highly addictive crystal methamphetamine. Twelve of the people arrested appeared in U.S. District Court in Tacoma today, charged with a variety of drug trafficking offenses.
“This criminal group built a business in moving two drugs, meth and heroin, that destroy lives and families and tear apart communities,” said U.S. Attorney Jenny A. Durkan. “Through the course of this case, law enforcement took more than 66 pounds of crystal meth off the streets and more than two and a half pounds of heroin. Federal and local partners working together have dismantled a major pipeline for drugs.”
“Methamphetamine and heroin are a significant threat to the Pacific Northwest,” stated DEA Special Agent in Charge Matthew G. Barnes. “This organization was not only distributing heroin and methamphetamine, but was also converting the methamphetamine into a highly addictive form of crystal methamphetamine. I commend the dedication and hard work of all the law enforcement agencies that brought these drug traffickers to justice.”
When 17 search warrants were served on Sunday and Monday February 23 and 24, 2014, law enforcement seized 50 pounds of crystal meth and two gallons of liquid meth that was in the process of being converted to crystal meth. The conversion of liquid meth to crystal meth is a potentially dangerous process involving highly flammable chemicals such as acetone. Over the year-long course of the investigation law enforcement seized 66 pounds of crystal meth, 2.5 pounds of heroin, a total of $310,000, 25 vehicles (some with hidden compartments for drugs and cash), and seven firearms (three of them stolen). A photo of liquid meth is attached to this press release.
Those charged in the case include: LUIS HERNANDEZ, 58, Tacoma, Washington
JUAN HERNANDEZ, 34, Kent, Washington
JAIME HERNANDEZ, 29, Tacoma, Washington
RUVISELA HERNANDEZ, 35, Lakewood, Washington
PEDRO PERALTA, 41, Lakewood, Washington
EZEQUIEL SANCHEZ-CARMONA, 21, Tacoma, Washington
WALTER VARGAS, 38, Tacoma, Washington
ANDREW GARDEE, 23, Puyallup, Washington
BRITNEY SIKKENGA, 21, Puyallup, Washington
MICHAEL ECKENRODE, 38, Tacoma, Washington
GERARDO GARCIA, 20, Oakland, California
CARLOS MESINA-OROZCO, 22, Tacoma, Washington
JORGE OROZCO-MAGANA, 37, Tacoma, WashingtonThe charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Due to the large amounts of drugs involved and the presence of firearms, defendants could face mandatory minimums of ten years in prison to life in prison if convicted.
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 DEA Tacoma in conjunction with Tahoma Narcotics Enforcement Team, Lakewood Police Department, West Sound Narcotics Team, and Pierce County Sheriff’s Office.
The case is being prosecuted by Assistant United States Attorneys Lisca Borichewski and Brian Werner.Swanton Man Pleads Guilty to Child Pornography OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Timothy Keevan, 49, of Swanton, Vermont, pleaded guilty on February 14, 2014, before Chief Judge Christina Reiss in the United States District Court in Burlington, Vermont, to one count of accessing images of child pornography with the intent to view them, in violation of 18 U.S.C. § 2252(a)(4)(B). After accepting Keevan’s guilty plea, Judge Reiss granted the government’s motion and ordered him remanded pending sentencing, which is presently scheduled for June 4, 2014.
According to court records and proceedings, Keevan, an operations support technician with U.S. Citizen and Immigration Service who works in the shipping and receiving warehouse in St. Albans, Vermont, used a work-issued computer to access websites that displayed images of child pornography. Keevan’s activities were discovered because his computer, like all government issued computers, was continually monitored for non-work related or other inappropriate activity. The computer was confiscated and the images of child pornography were discovered on it.
Keevan faces a statutory maximum term of imprisonment of ten (10) years imprisonment, a mandatory minimum term of five (5) years, and up to a lifetime term, of supervised release, and a fine of up to $250,000. Keevan will be required to pay a special assessment of $100. The actual sentence will be determined by the court with reference to the advisory federal sentencing guidelines.
United States Attorney Coffin commended the efforts of the Department of Homeland Security Office of Inspector General, under the direction of Special Agent in Charge Gregory K. Null for the Northeast Region, the Vermont State Police, the United States Secret Service, and the Office of Immigration and Customs Enforcement, in the prosecution of Keevan.
The prosecution of Keevan is being handled by Assistant U.S. Attorney Barbara A. Masterson. Keevan is represented by Federal Defender Michael L. Desautels.
U.S. Attorney Coffin noted that this prosecution is part of the U.S. Department of Justice=s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney=s Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
St. Francis Man Charged with First Degree Murder, Kidnapping, Interstate Transportation of A Stolen Motor Vehicle and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for First Degree Murder, Kidnapping, Interstate Transportation of a Stolen Motor Vehicle and Larceny.
Riley McCloskey, age 20, was indicted on February 12, 2014, in a Superseding Indictment. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2014, and pled not guilty to the Superseding Indictment. McCloskey was originally indicted on two counts of Second Degree Murder, Aiding and Abetting on January 7, 2014.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to incidents that occurred between December 23, 2013, and December 24, 2013. McCloskey and others were charged with unlawfully killing two victims during the perpetration of kidnappings, and aiding and abetting each other in the commission of the offenses. One of the victims was strangled until he was unconscious and then stabbed in the chest with a screwdriver. The second victim was assaulted and also stabbed in the chest with a screwdriver. McCloskey is also alleged to have stolen a motor vehicle and driven it from Nebraska across the state line into South Dakota.
The charges are merely accusations and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Cherry County, Nebraska Sheriff’s Office. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Charged with Assaulting, Resisting, Opposing and Impeding A Federal Officer and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing and Impeding a Federal Officer, and Assault with a Dangerous Weapon.
Riley McCloskey, age 20, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an incident that occurred on December 31, 2013, when McCloskey assaulted a law enforcement officer and a second victim with a knife.The charge is merely an accusation and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.