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13 February 2014
Akron Man Charged with Child PornographyRead the Press Release
Nicholas B. Bowers, 30, of Akron, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, transferring obscene material to a juvenile and enticement, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about January 1, 2011, through on or about January 13, 2014, Bowers knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that Bowers knowingly used a device connected to the Internet, to attempt to persuade, induce, entice and coerce a twelve (12) year-old girl to engage in illegal sexual activity with him. The indictment also charges that Bowers used a facility and means of interstate commerce, that is, a device connected to the Internet, to knowingly transfer obscene matter, that is, a video file containing visual depictions of himself masturbating, to an individual who he knew had not attained the age of 16 years, that is, a 12-year-old girl.
The indictment also charges that on January 13, 2014, Bowers possessed two computers, a USB storage device, a cellular phone and numerous DVDs, each that contained child pornography.
If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique 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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Akron Office of the Federal Bureau of Investigation, the Springfield Township Police Department, and the Toronto Police Service.
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.
14 Indicted in Major Central Valley-Based Drug Trafficking RingRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 32-count indictment today against Francisco Felix, 40, of Mountain House; Alejandro Martinez, 25, of Patterson; Miguel Felix, 34, of Ceres; Martin Lopez, 48, of Rosemead; Gerardo Barraza, 19, of Stockton; Rafael Alcauter, 49, of Newman; Ramon Diaz, 33, of Ceres; Raul Rangel, 41, of San Jose; Sergio Modesto, 34, of Turlock; Martin Rubio, 49, of Stockton; and Patterson residents Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramirez, 35, and Augustin Ramirez, 62, charging them with a variety of federal drug offenses, United States Attorney Benjamin B. Wagner announced.
Combinations of these defendants were charged variously with conspiracy to distribute and to possess with intent to distribute methamphetamine; conspiracy to manufacture, distribute, and to possess with intent to distribute marijuana; conspiracy to distribute and to possess with intent to distribute cocaine; distribution of methamphetamine; manufacture of marijuana; and possession with intent to distribute marijuana.
This case arose from a year-long narcotics investigation that revealed a drug trafficking organization with connections to the Sinaloa Drug Cartel in Mexico was based in the Central Valley of California, and importing large amounts of methamphetamine and cocaine into the United States. The drug trafficking organization subsequently distributed those narcotics throughout California and the United States. In addition, the investigation revealed that the organization was cultivating marijuana at numerous properties in both Stanislaus and San Joaquin counties, which it similarly distributed throughout California and the United States.
“Through our joint enforcement efforts, we’ve dismantled a criminal organization that posed a serious public safety threat, as evidenced by the weapons and drugs seized during the course of this case,” said Dan Lane, assistant special agent in charge for Homeland Security Investigations (HSI) Sacramento. “The arrests and resulting indictments in this investigation have disrupted a potentially deadly supply chain and prevented an untold volume of dangerous drugs from reaching our streets.”
Over the last nine months, investigators acquired over 70 pounds of methamphetamine, approximately three pounds of high-grade marijuana, and six firearms, including three assault-style rifles and a .50-caliber handgun, from members of the organization. Moreover, an additional 10 pounds of methamphetamine were seized by law enforcement from a member’s Los Angeles area residence on December 9, 2013.
This case was the product of an investigation by the California Department of Justice’s Mountain and Valley Marijuana Investigation Team under the auspices of the Central Valley High Intensity Drug Trafficking Area (HIDTA) Program, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Placer County District Attorney’s Office, the Sheriff’s Departments from Placer, El Dorado and Sacramento counties; the California Department of Fish and Wildlife; and the California National Guard Joint Task Force Domestic Support-Counterdrug.
If convicted of the charged offenses, the defendants face a minimum of five years up to life in prison, as well as a fine of up to $10 million. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
14 Acusados En Importante Red De Tráfico De Drogas En Central ValleyRead the Press Release
SACRAMENTO, Calif. — — Un gran jurado federal devolvió hoy 32 acusaciones en contra de Francisco Félix, 40, de Mountain House; Alejandro Martínez, 25, de Patterson; Miguel Félix, 34, de Ceres; Martín López, 48, de Rosemead; Gerardo Barraza, 19, de Stockton; Rafael Alcauter, 49, de Newman; Ramón Díaz, 33, de Ceres; Raúl Rangel, 41, de San José; Sergio Modesto, 34, de Turlock; Martín Rubio, 49, de Stockton; y los residentes de Patterson, Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramírez, 35, y Agustín Ramírez, 62, acusàndoles de una variedad de ofensas federales relacionadas con drogas, anunció el procurador federal del distrito oriental de California Benjamin B. Wagner.
Estos demandados fueron acusados de varias maneras con conspiración de distribuir y posesión con la intención de distribuir metanfetamina; conspiración de producir, distribuir y poseer con la intención de distribuir marihuana; conspiración de distribuir y posesión con la intención de distribuir cocaína; distribución de metanfetamina; producción de marihuana; y posesión con la intención de distribuir marihuana.
Este caso surgió de una investigación de un año de narcóticos que reveló que una organización de tràfico de drogas con conexiones con el Cartel de Drogas de Sinaloa en México, estaba basada en el Central Valley de California, e importaba grandes cantidades de metanfetamina y cocaína a los Estados Unidos. Subsiguientemente, la organización de tràfico de drogas distribuía esos narcóticos por toda California y los Estados Unidos. Adicionalmente, la investigación reveló que la organización estaba cultivando marihuana en numerosas propiedades en los condados de Stanislaus y San Joaquín, la cual de igual manera era distribuida por toda California y los Estados Unidos.
“Por medio de nuestros esfuerzos conjuntos de ejecución, hemos desmantelado una organización criminal que presentaba una grave amenaza a la seguridad pública, como lo evidencian las armas y drogas confiscadas durante el curso de este caso”, dijo Dan Lane, agente especial ayudante encargado de Investigaciones de Seguridad Nacional (HSI) de Sacramento. “Los arrestos y acusaciones resultantes en esta investigación han interrumpido una cadena de suministro potencialmente mortal y evitado que un gran volumen de drogas peligrosas se distribuyera en nuestras calles.”
Durante los últimos nueve meses los investigadores adquirieron de miembros de la organización màs de 70 libras de metanfetamina, aproximadamente tres libras de marihuana de alta calidad y seis armas de fuego, incluyendo tres rifles de asalto y unapistola de mano calibre .50.. Màs aún, el 9 de diciembre de 2013, los agentes policiales confiscaron diez libras adicionales de metanfetamina de la residencia de un miembro en el àrea de Los Ángeles.
Este caso fue el producto de una investigación del Equipo de Investigación de Marihuana de Montaña y Valle del Departamento de Justicia de California bajo los auspicios del Programa de Tràfico de Drogas de Alta Intensidad del Central Valley (HIDTA), los Cuerpos de Seguridad de Inmigración y Aduanas (ICE) de los Estados Unidos, Investigaciones de Seguridad Nacional (HSI), la Oficina del Procurador del Distrito del Condado Placer, los Departamentos del Alguacil de los condados Placer, El Dorado y Sacramento; el Departamento de Pesca y Fauna de California; y el Cuerpo Especial Doméstico de Apoyo contra las Drogas de la Guardia Nacional de California.
Si son condenados por las ofensas acusadas, los demandados se enfrentan a un mínimo de 5 años hasta cadena perpetua, así como una multa de hasta $10,000,000. Cualquier sentencia, sin embargo, sería determinada a discreción del tribunal después de considerar cualquier factor legislativo aplicable y las Normas Federales a seguir a la hora de dictar sentencia, las cuales toman en consideración un número de variables.
Los cargos son solamente alegaciones; los demandados se les supone inocentes hasta y a menos que se demuestre su culpabilidad fuera de toda duda razonable.
14 Acusados En Importante Red De Trafico De Drogas En Central ValleyRead the Press Release
SACRAMENTO, Calif. — Un gran jurado federal devolvió hoy 32 acusaciones en contra de Francisco Félix, 40, de Mountain House; Alejandro Martínez, 25, de Patterson; Miguel Félix, 34, de Ceres; Martín López, 48, de Rosemead; Gerardo Barraza, 19, de Stockton; Rafael Alcauter, 49, de Newman; Ramón Díaz, 33, de Ceres; Raúl Rangel, 41, de San José; Sergio Modesto, 34, de Turlock; Martín Rubio, 49, de Stockton; y los residentes de Patterson, Leonaires Alcauter, 48, Alfonso Magana, 52, Antonio Ramírez, 35, y Agustín Ramírez, 62, acusàndoles de una variedad de ofensas federales relacionadas con drogas, anunció el procurador federal del distrito oriental de California Benjamin B. Wagner.
Estos demandados fueron acusados de varias maneras con conspiración de distribuir y posesión con la intención de distribuir metanfetamina; conspiración de producir, distribuir y poseer con la intención de distribuir marihuana; conspiración de distribuir y posesión con la intención de distribuir cocaína; distribución de metanfetamina; producción de marihuana; y posesión con la intención de distribuir marihuana.
Este caso surgió de una investigación de un año de narcóticos que reveló que una organización de tràfico de drogas con conexiones con el Cartel de Drogas de Sinaloa en México, estaba basada en el Central Valley de California, e importaba grandes cantidades de metanfetamina y cocaína a los Estados Unidos. Subsiguientemente, la organización de tràfico de drogas distribuía esos narcóticos por toda California y los Estados Unidos. Adicionalmente, la investigación reveló que la organización estaba cultivando marihuana en numerosas propiedades en los condados de Stanislaus y San Joaquín, la cual de igual manera era distribuida por toda California y los Estados Unidos.
“Por medio de nuestros esfuerzos conjuntos de ejecución, hemos desmantelado una organización criminal que presentaba una grave amenaza a la seguridad pública, como lo evidencian las armas y drogas confiscadas durante el curso de este caso”, dijo Dan Lane, agente especial ayudante encargado de Investigaciones de Seguridad Nacional (HSI) de Sacramento. “Los arrestos y acusaciones resultantes en esta investigación han interrumpido una cadena de suministro potencialmente mortal y evitado que un gran volumen de drogas peligrosas se distribuyera en nuestras calles.”
Durante los últimos nueve meses los investigadores adquirieron de miembros de la organización màs de 70 libras de metanfetamina, aproximadamente tres libras de marihuana de alta calidad y seis armas de fuego, incluyendo tres rifles de asalto y unapistola de mano calibre .50.. Màs aún, el 9 de diciembre de 2013, los agentes policiales confiscaron diez libras adicionales de metanfetamina de la residencia de un miembro en el àrea de Los Ángeles.
Este caso fue el producto de una investigación del Equipo de Investigación de Marihuana de Montaña y Valle del Departamento de Justicia de California bajo los auspicios del Programa de Tràfico de Drogas de Alta Intensidad del Central Valley (HIDTA), los Cuerpos de Seguridad de Inmigración y Aduanas (ICE) de los Estados Unidos, Investigaciones de Seguridad Nacional (HSI), la Oficina del Procurador del Distrito del Condado Placer, los Departamentos del Alguacil de los condados Placer, El Dorado y Sacramento; el Departamento de Pesca y Fauna de California; y el Cuerpo Especial Doméstico de Apoyo contra las Drogas de la Guardia Nacional de California.
Si son condenados por las ofensas acusadas, los demandados se enfrentan a un mínimo de 5 años hasta cadena perpetua, así como una multa de hasta $10,000,000. Cualquier sentencia, sin embargo, sería determinada a discreción del tribunal después de considerar cualquier factor legislativo aplicable y las Normas Federales a seguir a la hora de dictar sentencia, las cuales toman en consideración un número de variables.
Los cargos son solamente alegaciones; los demandados se les supone inocentes hasta y a menos que se demuestre su culpabilidad fuera de toda duda razonable.
12 February 2014
Wildlife Investigation Yields over $235,000 in PenaltiesRead the Press Release
United States Attorney Brendan V. Johnson and South Dakota Attorney General Marty J. Jackley announced that eighteen (18) individuals have pleaded guilty and were sentenced in both State and Federal Court to fines, restitution, and civil damages in excess of $235,000 for wildlife violations that occurred at a commercial hunting operation in Todd County, South Dakota between 2008-2012.
The investigation conducted by the U.S. Fish and Wildlife Service, South Dakota Department of Game, Fish and Parks, Iowa Department of Natural Resources, and the Rosebud Sioux Tribe revealed that John and Kathryn Chauncey hosted paying hunting clients from Michigan, Texas, and New Jersey for guided deer and pheasant hunts on their property known as Rock Creek Ranch. The investigation documented that John and Kathryn Chauncey, along with several of their hunting clients, unlawfully killed and possessed a minimum of fifty-six (56) deer, hawks, owls, badgers, and turkeys. The value of the unlawfully killed wildlife was documented to be over $70,000.
“This is one of the largest wildlife cases in South Dakota history. It is important to recognize the efforts of the state and federal officers involved in this investigation,” said Jeff Vonk, Secretary of the South Dakota Department of Game, Fish and Parks. “Additionally, I would like to recognize the concerned citizens who provided critical pieces of information to state officers that initially triggered the investigation. Thanks to all involved for a job well done.”
John Chauncey pled guilty in Federal Court to a felony charge of Conspiracy to violate the Lacey Act and multiple counts of Unlawful Possession of wildlife in State Court. He was sentenced to two (2) months in custody and ordered to pay $92,285.
Kathryn Chauncey pled guilty in Federal Court to violating the Migratory Bird Treaty Act and unlawfully transferring a hunting license in State Court. She was sentenced to probation and ordered to pay $10,500.
“The Rock Creek Ranch investigation exposed the large-scale illegal commercial exploitation of South Dakota wildlife resources,” said William C. Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service. “This case shows the importance of Federal and State officers working together to protect our resident wildlife species.”
Sixteen (16) other defendants also pled guilty to State and Federal wildlife violations as a result of the investigation and were sentenced to fines ranging from $500 to more than $26,000 per person. Collectively, the defendants in this case had their hunting privileges revoked for forty-five (45) years and were additionally sentenced to nineteen (19) years of probation.
U.S. Attorney Johnson and South Dakota Attorney General Jackley lauded the investigation. “We will continue bring to justice those who flaunt South Dakota’s wildlife laws,” said Johnson. “I commend the work of our state and federal law enforcement partners who vigilantly protect our natural resources.”
“The State of South Dakota provides sportsman with an abundance of wildlife to enjoy" said Jackley. "As your Attorney General, I am committed to protecting this valuable resource for all South Dakotans to experience."Assistant U.S. Attorney Meghan N. Dilges and Special Assistant Attorney General Paul Bachand prosecuted the case.
Wanblee Man Pleads Not Guilty to Four Charges of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force and two charges of Sexual Abuse.
Jason Poor Bear, age 39, was indicted on December 17, 2013. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 11, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, and a lifetime of supervised release.
The charges relate to an incident that happened in Wanblee in May of 2013, when Poor Bear used force to engage in sexual acts with a female who was physically incapable of declining participation. An object is alleged to have been used to accomplish some of these sexual acts.
The charges are merely accusations and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Poor Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Postal Service Supervisor Charged with Embezzling MailRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that a federal grand jury sitting in Hartford returned an indictment today charging EDWARD HOGAN, 37, of Waterbury, with one count of embezzlement of mail by a U.S. Postal Service employee.
According to court documents and statements made in court, this matter stems from a federal investigation into the use of the mails to transport narcotics from Puerto Rico to the greater Waterbury area. On November 9, 2013, it is alleged that HOGAN, who was employed as a supervisor of customer service with the U.S. Postal Service, intercepted a package containing cocaine that was delivered to the Waterbury Main Post Office on Grand Street, and then took the package to his home.
If convicted of the charge of embezzlement of mail by a U.S. Postal Employee, HOGAN faces a maximum term of imprisonment of five years and a fine of up to $250,000.
HOGAN has been released on a $150,000 bond since his arrest on November 9, 2013.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is being investigated by the Federal Bureau of Investigation, the U.S. Postal Inspection Service and the U.S. Postal Service – Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Christopher M. Mattei.
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(203) 821-3722 [email protected]U.S. Attorney Goodwin, Corrections Commissioner Rubenstein Celebrate Donations for Foster ChildrenRead the Press Release
Correctional Industries Provides Hundreds of Blankets, Scarves and Bags for Foster Children
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and West Virginia Division of Corrections Commissioner Jim Rubenstein today visited Lakin Correction Center, near Point Pleasant, West Virginia, to celebrate the donation of hundreds of blankets, scarves and bags crafted by Lakin inmates to give to foster children. The donated items were presented to representatives from Mission West Virginia, a community service organization, in conjunction with the Carry On Campaign, which collects luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.
U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings. This significant gift by the West Virginia Division of Corrections will help give kids who are moving into foster care the essentials they need for that difficult transition.”
The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force. Donated luggage bags and other essential items are provided to child protective service workers, law enforcement and advocates across the state to be given to children in transition to foster care. These children often have few or no personal belongings or comfort items, and no luggage. The program addresses the immediate needs of abused and neglected children and helps to minimize trauma during this difficult experience.
Lakin Correctional Center, located six miles north of Point Pleasant on WV Route 62, is a multi-security correctional facility and is the only all-female prison in the state. LCC has a current capacity of 462 inmates.
Goodwin also toured the correctional industries building where the blankets were produced, and he met with the inmates who worked many hours to produce the blankets and scarves. Additionally, Goodwin visited the culinary program unit, the cosmetology unit, and the Paws for People unit which trains service dogs for children and adults with disabilities and veterans suffering from Post-Traumatic Stress Disorder.
Tyler County Woman Guilty of Health Care FraudRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 31-year-old Woodville, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Kari Mannino pleaded guilty to conspiracy to commit health care fraud today before U.S. Magistrate Judge Keith F. Giblin.
According to the information presented in court, from January 2008 to December 2011, Mannino was the office manager for Beaumont Medical Clinic on Eastex Freeway in Beaumont. During that time, Mannino conspired with co-defendant, Dr. John Q.A. Webb, Jr., to claim Webb had treated patients when he had not. Mannino then submitted, or had someone else submit, false claims to Medicaid and Medicare indicating a licensed physician and provided the health care services. False claims submitted to Medicare were in excess of $12,000. The total fraudulent activity resulted in a loss to both Medicare and Medicaid of over $30,000. Mannino and Webb were indicted by a federal grand jury on Dec. 5, 2013.Mannino faces up to 10 years in federal prison. A sentencing date has not been scheduled.
This case is being investigated by the Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services, Federal Bureau of Investigation, and the U.S. Drug Enforcement Administration. This case is being prosecuted by Special Assistant U.S. Attorney Catherine Levacy Cockrell.
Two Tampa Corporations and Four Tampa Residents Indicted in Scheme to Unlawfully Sell an Unregistered Pesticide and Obstruct JusticeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Maureen O’Mara, Special Agent in Charge, United States Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Michael A. Hill, Special Agent in Charge, United States Environmental Protection Agency, Office of Inspector General (EPA-OIG), Atlanta Field Office, and Colonel/Director Calvin Adams, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement (FWCC), announce the filing of an 11-count indictment charging New Nautical Coatings, Inc., d/b/a “Sea Hawk Paints,” Sea Hawk Refinish Line, Inc., d/b/a “Refinish Line Auto Supplies,” of Clearwater, Florida, and Hillsborough County residents Erik Norrie, David Norrie, Jason Revie, and Tommy Craft, in a scheme to unlawfully sell an unregistered pesticide and obstruct justice.
David Norrie, Jason Revie, and Tommy Craft had their initial appearances on February 11, 2013, in Tampa before U.S. Magistrate Judge Anthony Porcelli. Erik Norrie is expected to make his initial this week in Tampa before U.S. Magistrate Judge Porcelli.
Specifically, each defendant is charged with one count of conspiracy to (1) impede, impair, obstruct, and defeat the lawful functions of the EPA; (2) sell an unregistered pesticide; (3) violate an EPA cancellation order; and (4) obstruct justice, in violation of Title 18, United States Code, Section 371, and a separate conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349. New Nautical Coatings, Refinish Line, David Norrie, Erik Norrie and Jason Revie are also charged with one count of wire fraud, in violation of Title 18, United States Code, Section 1343, and one count of misuse of a government seal, in violation of Title 18, United States Code, Section 1017. New Nautical Coatings and David Norrie are also charged with one count of obstruction of justice, and New Nautical Coatings and Erik Norrie are charged with two other counts of obstructing justice, in violation of Title 18, United States Code, Section 1512(b)(3). New Nautical Coatings, David Norrie, Erik Norrie, Jason Revie, and Tommy Craft are also charged with four counts of the sale of an unregistered pesticide, in violation of Title 7, United States Code, Section 136j(a)(1)(A).
According to the indictment, New Nautical manufactured a paint called Biocop Anti-Fouling Coating which contained tributyltin methacrylate, also known as “TBT,” a chemical compound which was found to have significant harmful effects on marine life. TBT based paints such as Biocop are pesticides subject to registration with the EPA. On or about December 1, 2005, the EPA cancelled New Nautical’s registration for Biocop, making it unlawful for New Nautical to manufacture Biocop for sale in the United States after December 1, 2005, or sell Biocop in the United States after December 31, 2005. Despite the cancellation, New Nautical Coatings, through defendants David Norrie, Erik Norrie Jason Revie, Tommy Craft and others continued to manufacture and sell Biocop in the United States. In order to manufacture and sell Biocop after the cancellation date, New Nautical Coatings, through defendants David Norrie, Erik Norrie, Jason Revie, Tommy Craft, and others, misled their customers and the EPA regarding their continued production of Biocop after the cancellation date. In furtherance of the conspiracy, the defendants took steps to make it falsely and fraudulently appear that New Nautical had earmarked and sold significant amounts of Biocop to distributors prior to December 31, 2005. In truth, the supposedly allocated Biocop had not been manufactured by December 1, 2005, and did not exist to be sold by December 31, 2005. In furtherance of the conspiracy, Refinish Line, David Norrie, Erik Norrie, and Jason Revie created and caused to be created false and fraudulent purchase orders and invoices for orders of Biocop that Refinish Line did not sell, distribute, or ship to the customers and companies listed in the purchase orders and invoices. New Nautical, David Norrie, and Erik Norrie took other steps to conceal the unlawful production and sale of Biocop, including the falsification of reports submitted to the EPA and directing a witness to lie to the EPA. By producing and selling Biocop, an unregistered pesticide, for domestic use and application, and by concealing such acts from the EPA and customers, New Nautical, Refinish Line and their co-conspirators derived pecuniary gains in excess of $2,000,000.
If convicted, the corporate defendants, New Nautical Coatings, Inc. and Sea Hawk Refinish Line, Inc., face a fine of up to $500,000 for each felony conviction, and a fine of $200,000 for each misdemeanor conviction. If convicted, the individual defendants face up to five years in prison for each count of conspiracy to defraud the government, up to twenty years in prison for each count of conspiracy to commit mail and wire fraud, wire fraud, and obstruction of justice, up to five years in prison for each count of the misuse of a government seal, and up to one year in prison for each count of the sale of an unregistered pesticide.
Mr. Ferrer commended the investigative efforts of EPA-CID, EPA-OIG, and FWCC. The case is being prosecuted by Assistant U.S. Attorney Alejandro O. Soto.
An indictment is only an accusation and the defendant is presumed innocent until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Oneida Residents Convicted on Drug ChargesRead the Press Release
Guilty of methamphetamine and pseudoephedrine charges
SYRACUSE, NEW YORK – Terry R. Ross, age 52, and Wanda Kingsley, age 49, of Florence, New York, were found guilty today by a U.S. District Court jury of four felony counts, including a methamphetamine conspiracy involving the manufacture of 50 grams or more and a conspiracy to possess or distribute pseudoephedrine knowing it was intended to be used to manufacture a controlled substance - announced United States Attorney Richard S. Hartunian.
Following a three day jury trial, the defendants were convicted of a conspiracy to manufacture 50 grams or more of methamphetamine, in violation of Title 21, United States Code, Section 841(a)(1), (b)(1)(B) and 846, a conspiracy to possess or distribute pseudoephedrine knowing it was intended to be used to manufacture methamphetamine, in violation of Title 21, United States Code, Section 841(c)(1) and 846, and one count each of possessing or distributing pseudoephedrine knowing it was intended to be used to manufacture methamphetamine, in violation of Title 21, United States Code, Section 841(c)(1).
The evidence at trial showed that between 2010 and 2012, defendants Ross and Kingsley, individually and together with each other and with others, purchased pseudoephedrine pills from pharmacies in Oneida County, and knowingly provided the pills to other co-conspirators who used them on numerous occasions in the manufacture of methamphetamine. Between November 2010 and January 2012, Ross purchased pseudoephedrine pills on 21 separate occasions from Oneida county pharmacies, and Kingsley, Ross’ live-in girlfriend, purchased pseudoephedrine pills on 49 separate occasions. Ross and Kingsley also assisted in the methamphetamine manufacturing process in various ways, including procuring and assembling some of the necessary ingredients and apparatus for the meth “cook,” and providing assistance during the cooking process, in exchange for a portion of the finished product methamphetamine.
Ross is scheduled to be sentenced at 10:00 am on June 18, 2014, and Kingsley is scheduled to be sentenced at 10:15 am on that date.
The prosecution arose from the investigative efforts of the City of Oneida Police Department, the New York State Police, and the Drug Enforcement Administration.
The case was prosecuted by Assistant United States Attorney Carl Eurenius. For more information, please contact AUSA Eurenius at (315) 448-0672.
Two Men Indicted for Counterfeit $50, $100 BillsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two men were indicted by a federal grand jury today, in separate and unrelated cases, for possessing counterfeit $50 and $100 bills.
USA v. McCuiston
Kevin Glenn McCuiston, 36, of Moberly, Mo., was charged with possessing counterfeit bills in an indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment alleges that McCuiston was in possession of 49 counterfeit $50 bills on Dec. 6, 2013.
USA v. Busey
Jackie L. Busey, 28, of St. Joseph, Mo., was charged in a two-count indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment alleges that Busey attempted to pass a counterfeit $50 bill in Boone County, Mo., on Oct. 25, 2012. Busey is also charged with possessing 74 counterfeit $50 bills and 17 counterfeit $100 bills on the same day. Busey was arrested near the Fieldhouse Bar in Columbia, Mo.
These cases are being prosecuted by Assistant U.S. Attorney Lauren E. Kummerer. They were investigated by the U.S. Secret Service, the Missouri State Highway Patrol and the Columbia, Mo., Police Department.
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.Three Miami Gardens Men Sentenced for Firearms PossessionRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Paul Miller, Interim Chief, Miami Gardens Police Department (MGPD), announce that Deondre Bain, 23, Lamar Eady, Jr., 23, and Lloyd Hulse, Jr., 22, all of Miami Gardens, were sentenced following their convictions as previously convicted felons in possession of firearms. Eady, an armed career criminal, was sentenced to 188 months in prison, while Bain and Hulse were sentenced to 111 and 110 months in prison, respectively, by U.S. District Judge William J. Zloch.
According to evidence presented at trial and statements made in open court, in the early morning hours of Sunday, June 30, 2013, federal and state law enforcement officers were conducting an investigation into the activities of the 170 Boys gang in Miami Gardens. Around 3:00 a.m., as they patrolled the Honey Hill area, officers saw Hulse getting into a parked car, holding what turned out to be a stolen AR-15 assault rifle, loaded with forty rounds of .223 caliber ammunition. Further investigation revealed two more stolen firearms inside the car, fully loaded, belonging to Bain and Eady, who were seated in the vehicle.
A federal grand jury indicted Bain, Eady, and Hulse on July 26, 2013, charging all three with possession of a firearm and ammunition by a convicted felon. In November 2013, Hulse pled guilty, and Bain and Eady were convicted following a trial. According to evidence presented at the trial and statements made in open court, all three men had significant criminal histories involving multiple felony convictions. Eady was sentenced under the Armed Career Criminal Act, which provides a sentencing range of fifteen years to life for individuals who have been convicted of federal gun crimes and have at least three prior felony convictions for violent felonies and/or serious drug offenses.
This case is, in large part, the result of the Violence Reduction Partnership, launched by the U.S. Attorney’s Office. Through this Partnership, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks in various neighborhoods, while simultaneously working with community leaders and concerned citizens to mentor at-risk youths, provide jobs and job training to young families, and help probationers and parolees successfully re-enter society.
Mr. Ferrer commended the investigative efforts of ATF, FBI, and MGPD. This case was prosecuted by Assistant U.S. Attorneys Benjamin Coats and Andy Camacho.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Louisiana Residents Charged with Federal Lacey Act ViolationsRead the Press Release
Gulfport, Miss. – Ronald W. Reine, 67, Brian R. Reine, 44, Bruce A. Swilley Jr., 27, and Omni Pinnacle, LLC, all of Slidell, Louisiana, were charged in a 13-count federal indictment with various violations of the Lacey Act for importing live white-tailed deer into Mississippi, announced U.S. Attorney Gregory K. Davis and Special Agent in Charge Luis Santiago of the U.S. Fish and Wildlife Service.
Mississippi law makes it unlawful to import live white-tailed deer into the State of Mississippi and authorizes the Mississippi Department of Wildlife, Fisheries and Parks Commission with the responsibility of establishing regulations governing the importation of white-tailed deer with the emphasis on preventing the introduction of disease. The Commission established a regulation that mirrors the state statute, prohibiting the importation of live white-tailed deer into the State of Mississippi. The Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase wildlife that were taken, possessed, transported or sold in violation of any law or regulation of any state. The offense becomes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell or intent to purchase or sell, wildlife with a market value in excess of $350, knowing that the wildlife were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
According to the indictment, from January of 2011 through December of 2012, Ronald W. Reine, Brian R. Reine, Bruce A. Swilley, Jr. and Omni Pinnacle, LLC, a company owned by the Reines, conspired to ship white-tailed deer in interstate commerce in violation of state and federal laws. Brian R. Reine operated a wildlife enclosure in Lamar County, Mississippi known as Half Moon Ranch. Ronald W. Reine operated a wildlife enclosure in Pearl River County, Mississippi known as Oak Investments, LLC/“Hunter’s Bluff”. The indictment also alleges that it was part of the conspiracy that the defendants would unlawfully bring the live white-tailed deer into Mississippi for the purpose of breeding and killing trophy white-tailed buck deer. The defendants bought and illegally transported deer into Mississippi from Indiana and Pennsylvania.
“The illegal importation of white-tailed deer into Mississippi is a growing problem with the potential for a devastating impact on our native deer herd” said U.S. Attorney Davis. “This indictment is the beginning of our efforts to combat the illegal importation of white-tailed deer and we will continue to partner with the U.S. Fish and Wildlife Service and the Mississippi Department of Wildlife, Fisheries, and Parks to identify, investigate, and prosecute people who have chosen to violate the law on importing white-tail deer.”
U.S. Fish and Wildlife Service Special Agent in Charge Luis Santiago stated “We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. We will continue working vigorously investigating those who choose to violate state and federal laws.”
The defendants were arraigned in U.S. District Court today and each was released on a $25,000 unsecured bond. A trial is scheduled for March 17, 2014 before U.S. District Judge Sul Ozerden in Gulfport. If convicted, the defendants face a maximum penalty of five years in federal prison and a $250,000 fine on each count. Omni Pinnacle, LLC faces a maximum fine of $500,000.
This case was investigated by the U.S. Fish and Wildlife Service and the Mississippi Department of Wildlife Fisheries and Parks. It is being prosecuted by Assistant U.S. Attorney Darren J. LaMarca.
The public is reminded that an indictment is merely an accusation and all defendants are presumed innocent until proven guilty in a court of law.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:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
Training and seminars for Federal, State, and Local Law Enforcement Agencies.
Help us combat the proliferation of sexual exploitation crimes against children.
Our nation-wide commitment to reducing gun crime in America.
Three Defendants Indicted on Racketeering Charges, Including Six MurdersRead the Press Release
A superseding indictment was returned last Friday charging defendants Christian Keston John, Marvin Johnson and Shaquan Jones, who were members of a violent criminal enterprise, with racketeering, consisting of 23 predicate acts, including six murders, two attempted murders, three armed robberies, kidnapping, murder-for-hire, and gambling on dog fighting, among other crimes, all of which occurred in the Bushwick, Bedford-Stuyvesant and East New York areas of Brooklyn.1 Johnson was arraigned earlier today at federal court in Brooklyn before U.S. Magistrate Judge Robert M. Levy, and the defendants Christian John and Shaquan Jones will be arraigned on Friday, also before Magistrate Judge Levy.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and William J. Bratton, Commissioner, New York City Police Department.
According to court papers, the enterprise, known as the “Hull Street Crew,” began its violent conduct in 2000 with the murder of Charlemagne Lormand, followed by the 2005 murder of Shamell Etienne and the 2008 murder of Daquane Shelton. In 2006, the defendants allegedly murdered Earle Kevin Obermuller when they bound his entire head with duct tape, dragged him down to a basement, tied him to a chair on a bed of charcoals, and then set him on fire. The indictment also charges the 2011 murders of Jason Bostic and Aaron Formey, who were murdered in a similar manner when they were bound with duct tape, pushed down the stairs to a basement, and shot multiple times. The Hull Street Crew enriched its members through drug trafficking and gambling on dog fights, and committed these violent acts to enhance the enterprise’s prestige and to protect it from rival criminal organizations.
“As set forth in the indictment, the Hull Street Crew rained down brutal violence onto the streets of Brooklyn for over a decade. The defendants pledged their allegiance to the Crew and its violent methods, committing a brutal murder and other senseless acts of violence. This indictment brings to a halt the Hull Street Crew’s reign of terror over the streets of Brooklyn,” stated United States Attorney Lynch. “Working together with the FBI and the NYPD, we stand committed to ending the scourge of violence in our communities and bringing to justice those who commit such violent acts. We hope that this prosecution will bring some measure of closure to the families of the victims who have suffered not only because of the loss of loved ones, but also by not knowing who was responsible for these crimes.”
FBI Assistant Director-in-Charge Venizelos stated, “Violence is the rule, not the exception, in the Hull Street Crew. As alleged, this criminal enterprise used illegal means, including murder and kidnapping, to intimidate rivals and instill fear in the innocent public. Today’s indictment illustrates the FBI’s continued effort to work with our law enforcement partners to disrupt and dismantle violent criminal enterprises that terrorize our communities.”
Police Commissioner Bratton stated, “Members of this violent and vicious crew operated on the streets of Brooklyn for more than a decade, but with this investigation and indictment we send a message to those who choose to operate within a ruthless criminal operation – you will be brought to justice and eradicated from our communities. The Hull Street Crew was shut down thanks to the tireless efforts of the investigators from the NYPD Detective Bureau, the Federal Bureau of Investigation, and the United States Attorney’s Office, Eastern District of New York.”
The case has been assigned to U.S. District Judge Frederic Block. If convicted of murder, the defendants face a maximum sentence of life imprisonment, or possibly the death penalty.
The government’s case is being prosecuted by Celia A. Cohen, Gina M. Parlovecchio, and Robert T. Polemeni.
The Defendants:
CHRISTIAN KESTON JOHN
Age: 30
Brooklyn, N.Y.
MARVIN JOHNSON
Age: 30
Brooklyn, N.Y.
SHAQUAN JONES
Age: 31
Brooklyn, N.Y.
___________________________________________________________________________
1 The charges contained in the superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Task Force Investigation into PCP Trafficking Leads to Federal Charges Against Producers and Distributors of the Dangerous DrugRead the Press Release
LOS ANGELES – Federal, state and local authorities this morning arrested 20 individuals who are named in two federal indictments that target manufacturers and distributors of Phencyclidine – commonly known as PCP or “angel dust” – a dangerous narcotic with deep ties to the violent Grape Street Crips and other South Los Angeles street gangs.
Following this morning’s takedown, federal prosecutors unsealed two indictments that charge a total of 40 defendants linked to laboratories where PCP is manufactured and the networks that distribute the drug across the nation. In addition to the 20 people arrested this morning, three defendants were already in custody, and 17 are fugitives or have not yet been fully identified.
Thirty-eight of the defendants are named in a 29-count indictment that outlines how precursor chemicals are obtained and used in the manufacturing process, which poses serious risks to public health and the environment. The indictment discusses how the prepared PCP is then stored and distributed around the nation.
“Historically, the principal location in the United States where PCP is manufactured is the Southern California area,” according to the indictment. “After PCP is manufactured, PCP traffickers typically distribute and transport PCP both within the Southern California area and to other regions in the United States, where PCP can be sold at higher prices and for greater profit.”
The indictment details the seizure of several PCP laboratories and how members of the narcotics-trafficking conspiracy distributed upwards of several thousand gallons of PCP. During the course of this investigation, authorities seized approximately 100 gallons of the drug and precursor chemicals that could have been used to manufacture thousands of gallons of the drug. A gallon of PCP contains approximately 76,800 doses of the highly addictive narcotic.
“PCP producers and suppliers deal a toxic poison that destroys minds and contaminates our neighborhoods,” said United States Attorney André Birotte Jr. “Today’s operation breaks the grip that these drug makers and dealers have held on the neighborhoods of Watts and South Los Angeles by targeting the highest levels of PCP traffickers and those responsible for manufacture and distribution of this deadly drug.”
In conjunction with this morning’s multi-agency effort against the Grape Street Crips, Los Angeles City Attorney Mike Feuer today announced his office will seek injunctions to curb gang activity at three properties, two of which are located on the same block of an early education center and an elementary school. The properties are known for gang-related narcotics dealing, PCP manufacturing, possession of firearms and other criminal activity, according to the City Attorney’s office.
The indictments unsealed today follow an investigation that concluded nearly six years ago after targeting PCP trafficking in South Los Angeles and illuminating the links between the drug and the Grape Street Crips. That earlier investigation resulted in federal charges against 12 defendants, two of whom received life sentences for their roles in manufacturing and distributing PCP.
The present investigation, which was conducted by the HIDTA and L.A. IMPACT task forces and the DEA, revealed a wide network of PCP manufacturers and distributors connected to the Grape Street and other South Los Angeles gangs. Investigators discovered that this network routinely delivered PCP, via couriers and mail, to other parts of the country, including Texas, Maryland, North Carolina, Oklahoma and New York.
The narcotics trafficking conspiracy allegedly was led by Anthony Dwight Bracken, a San Bernardino County-based PCP manufacturer, with strong ties to South Los Angeles. Other key players charged in the conspiracy include distributors Andre Brown, Anthony Wilson and Eligin Gary Hawkins, all of South Los Angeles.
All 38 defendants in the indictment are charged with conspiracy to manufacture, distribute and possess with the intent to distribute PCP, and to illegally possess a listed chemical. Because of the quantity of narcotics and precursor chemicals involved in this case, all of the defendants potentially face sentences of life without parole in federal prison.
The indictment further charges various defendants with distribution and possession with intent to distribute PCP, illegal possession of a listed chemical, maintaining drug-involved premises, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm/ammunition.
A second indictment unsealed this morning charges two additional defendants in a conspiracy to distribute PCP.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The investigation into the PCP manufacturing and distribution network was conducted by the L.A. IMPACT Task Force (Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force), the HIDTA Task Force (High-Intensity Drug Trafficking Area Task Force) and the Drug Enforcement Administration. The Los Angeles City Attorney’s Office is partnering to take file civil “abatement” lawsuits at properties linked to criminal activity uncovered during this investigation. Los Angeles County Child Protective Services assisted during this morning’s takedown.
Release No. 14-021
Tampa Felon Convicted of Firearm PossessionRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Antouin L. Barker (43) guilty of being a felon in possession of a firearm. Barker faces a mandatory minimum sentence of 15 years’ imprisonment, up to a maximum penalty of life imprisonment. His sentencing hearing is scheduled on May 15, 2014. Barker was indicted on May 1, 2013.
According to testimony and evidence presented at trial, on February 12, 2013, after sunset, Barker was riding his bicycle against traffic and without lighting equipment on 127th Avenue East, in Tampa. When stopped by members of the Hillsborough County Sheriff’s Office for the traffic infractions, Barker repeatedly put his hands in his pockets, despite repeated warnings not to do so. Barker verbally consented to a search, but ultimately put his hands back in his pockets and turned away from the deputies. Fearing for their safety, deputies removed Barker’s hands from his pockets, and patted him down. During the search, a small .22 caliber revolver was found in Barker’s right front shorts’ pocket. The gun was loaded with one live round, and four spent bullets.
At the time of the incident, Barker was a previously convicted felon. His prior felonies include drug charges, aggravated battery, grand theft, and burglary. As a previously convicted felon, Barker is prohibited from possessing a firearm or ammunition under federal law.> This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Mark E. Bini.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
It is also a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Takoma Park Man Pleads Guilty in Two Residential Mortgage Fraud SchemesRead the Press Release
Used Other Individuals’ Identities and False Income and Credit Information to Induce Lenders to Provide Home Mortgage Loans
Greenbelt, Maryland – Mokorya Cosmas Wambura, age 45, of Takoma Park, Maryland pleaded guilty today to conspiring to commit wire fraud and aggravated identity theft arising from two separate residential mortgage fraud schemes.
The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Cary A. Rubenstein of the Housing and Urban Development Office of Inspector General - Office of Investigations; Acting Inspector General Michael P. Stephens of the Federal Housing Finance Agency Office of Inspector General; Special Agent in Charge Kathy Michalko of the United States Secret Service – Washington Field Office; John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) .
According to his plea agreement and court documents, from March 2007 to November 2008, Wambura conspired with real estate agent Tibakweitira and others to use the identity of another individual without lawful authority to buy residential property. For example, in June 2008, Wambura used the stolen identity of another person, along with false income statements and credit information, to buy a residence in Hyattsville, Maryland. The conspirators inflated the value of the property by creating false documents for repairs and renovations that were never made. After the settlement, the conspirators divided up the cash received for the purported repairs.
During the second fraud scheme from July 2007 to May 2009, a conspirator sold his residence in Silver Spring, Maryland to Wambura, and attempted to conceal the scheme by using the identity of Wambura’s friend and roommate, without lawful authority, as the purported buyer. Wambura again made false statements about the buyer’s assets and income. For example, Wambura listed a joint credit union account held by Wambura and his friend as an asset, which Wambura created without his friend’s knowledge. After securing the mortgage and obtaining possession of the residence, Wambura continued to use his friend’s stolen identity to become a Section 8 landlord for federally subsidized funds. Wambura received portions of the monthly rent paid by the tenant. Wambura and his conspirator also caused $29,186 in government housing program assistance checks, payable to Wambura’s friend, to be mailed to Wambura.
As a result of the two conspiracies, Wambura caused between $400,000 and $1 million in losses to federally-insured financial institutions.
Wambura faces a maximum sentence of 30 years in prison and a $1 million fine on each of two wire fraud conspiracy counts, and a mandatory minimum of two years for aggravated identity theft consecutive to any other sentence. Chief U.S. District Judge Deborah K. Chasanow scheduled sentencing for June 16, 2014 at 11:30 a.m.
Edgar Tibakweitira, a/k/a “Edgar Julian,” “Charles Edgar Tibakweitira,” and “Edgar Gaudious Tibakweitira,” age 37, of Severn, Maryland, previously pleaded guilty to the conspiracy and to aggravated identity theft, and has agreed to forfeit a Range Rover vehicle. Tibakweitira is scheduled to be sentenced on May 6, 2014, at 1:00 p.m.
Wambura and Tibakweitira are both detained pending their sentencings.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage Fraud/index.html.
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 HUD-OIG, FHFA-OIG, Treasury OIG, U.S. Secret Service and Baltimore HSI for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney Kevin DiGregory, Investigative Counsel for the Federal Housing Finance Agency Inspector General, who are prosecuting the case.
Statement of Timothy Q. Purdon United States Attorney, District of North Dakota Department of JusticeRead the Press Release
Before the
Senate Committee on Indian Affairs
At a Hearing Entitled,
Indian Law & Order Commission:
A Roadmap for Making Native America Safer
Presented on
February 12, 2014
Chairwoman Cantwell, Vice-Chair Barrasso, and Members of the Committee:
Thank you for the opportunity to provide the perspective of the Department of Justice on the Indian Law and Order Commission’s thorough, thoughtful, and incisive report, A Roadmap for Making Native America Safer, and to discuss the Department’s ongoing efforts to ensure public safety in Indian Country. The Department shares the commitment of this Committee and the Indian Law and Order Commission to this important issue, and we congratulate the Commission on the hard work that has culminated in its final report and recommendations. Like the Commission, we at the Department have long been concerned about the high rate of crimes occurring in Indian Country, in particular violence against women. That’s why, early in this Administration, Attorney General Eric Holder launched a Department-wide initiative to improve public safety in Indian country. Since 2009, the Department has been engaged in focused and energetic efforts alongside our tribal law enforcement partners to help stem this tide.
As the United States Attorney for the District of North Dakota and Chair of the Attorney General’s Native American Issues Subcommittee, I am honored to appear before you to discuss the work of the Department to improve public safety in Indian Country. Since 2009, the Department has made fighting crime in Indian Country a top priority and has pursued an aggressive strategy consisting of law enforcement action, prosecution, grant funding, training, technical support, and collaboration with tribal partners that is already showing success. For example, the Department’s renewed commitment to the vigorous prosecution of federal crimes in Indian Country has increased the number of Indian Country prosecutions by United States Attorney’s Offices nationwide by more than fifty percent over the past four years.
Nonetheless, the Department recognizes that an increase in federal arrests and prosecutions alone cannot solve all the public safety challenges on the reservations. Accordingly, we have augmented our enhanced focus on law enforcement and prosecutions with additional support for tribal criminal justice institutions. In 2010, the Department answered a call from tribal leaders for a more streamlined, holistic approach to its tribal-specific grant programs by establishing the Coordinated Tribal Assistance Solicitation (CTAS). CTAS helps tribes secure critical federal assistance on a wide array of criminal justice issues, including preventing violence against women, protecting at-risk children, improving community policing, and exploring alternatives to incarceration. Through CTAS, we have awarded nearly $440 million in federal grants to tribes in the past four years. These funds work to directly strengthen the criminal justice system in Indian Country, creating opportunities for increased collaboration with our tribal partners and increased tribal self-determination.
The Department recognizes the unique challenges to public safety in Indian Country created by varied jurisdictional schemes and varying tribal cultures. It is against this backdrop that the Roadmap presents a broad array of recommendations in issue areas as diverse as criminal jurisdiction and juvenile justice. We are carefully studying the recommendations and will be reaching out to stakeholders to seek additional input on solutions that can address the difficult public safety issues confronting tribal communities. Meanwhile, we will continue to use our existing authorities to meet our responsibilities and to strengthen capacity at every level of the criminal justice system.
Establishing Unprecedented Levels of Cooperation
Since taking Office, Attorney General Holder has consistently emphasized that combatting violent crime in Indian Country and fostering safe communities is a top priority of the Department of Justice. Attorney General Holder has stated that when it comes to this challenge, we must “recommit ourselves to collaboration on an unprecedented scale.” To this end, the Department took steps in early 2010 to ensure that each United States Attorney’s Office with responsibilities in Indian Country implemented a district-specific operational plan to formalize its strategy for consulting and working with tribal, state, and local law enforcement, prosecutors, and other leaders, to improve public safety in Indian Country. For example, in North Dakota, our operational plan took the form of an Anti-Violence Strategy that combines enhanced enforcement of federal criminal laws with support for viable crime prevention programs and efforts to build a sustainable offender reentry program. Our plan has now been in place for almost three years and has resulted in unprecedented levels of communication and collaboration between the U.S. Attorney’s Office and the tribes in North Dakota as well as a large increase in the number of Indian Country cases being prosecuted by our Office.
The Department’s renewed focus nationwide on leveraging partnerships with tribal, local, state, and federal partners to address violent crime has led to concrete results, not just in North Dakota, but across the rest of the country. In just the last four years, U.S. Attorneys’ offices with responsibility for Indian Country have seen the number of prosecutions for crimes committed on tribal lands increase by more than 54 percent. This increase was reported to Congress in our Indian Country Investigation and Prosecution Report (ICIP) for calendar years (CYs) 2011 and 2012. [1] Specifically, Indian Country caseloads nationwide have increased overall:
· 1,091 criminal cases filed in fiscal year (FY) 2009;
· 1,138 criminal cases filed in FY 2010;
· 1,547 criminal cases filed in FY 2011; and
· 1,677 criminal cases filed in FY 2012.
This increase in prosecutions is due to many factors, but efforts by U.S. Attorneys to enhance investigative and prosecutorial coordination with tribal partners have been critical to this improvement.
A great example of how collaboration improves law enforcement can be found in Montana. In 2010, Montana United States Attorney Mike Cotter began convening bi-monthly meetings involving the federal prosecutors assigned to each reservation, the tribal prosecutors for the reservation, and tribal and federal law enforcement officers. During these meetings, cases arising on a particular reservation during the preceding two-week period are discussed and a decision is reached collaboratively concerning which jurisdiction – Federal or tribal or both – will prosecute a particular case. This close communication ensures that serious Indian Country crimes are appropriately investigated and that the decision whether a matter will be charged in federal court or tribal court is an informed one.
An important tool contributing to improved collaboration is the Department’s enhanced Tribal Special Assistant U.S. Attorney (SAUSA) program. Tribal SAUSAs are tribal prosecutors who are “cross-deputized” and able to prosecute crimes in both tribal court and federal court as appropriate. These Tribal SAUSAs serve to strengthen a tribal government’s ability to fight crime and to increase the USAO’s coordination with tribal law enforcement personnel. Since its inception, the program blossomed, with dozens of Tribal SAUSAs serving in districts across the country.
To increase the use of Tribal SAUSAs in cases involving violence against Native women, in 2012, the Office on Violence Against Women (OVW) initiated its Violence Against Women Tribal SAUSA Pilot Project, making awards to four tribes in Nebraska, New Mexico, Montana, North Dakota and South Dakota to fund cross-designated tribal prosecutors. The goal of the Tribal SAUSA Pilot Project is that every viable crime of domestic violence, dating violence, sexual assault, and stalking will be prosecuted in federal court, tribal court, or both. We have an OVW-funded SAUSA working in my Office and for the Standing Rock Sioux Tribal Prosecutor. She has tried domestic violence cases in tribal court and has secured prison time in domestic violence cases in federal court as well.
The work of Tribal SAUSAs can also help to accelerate a tribal criminal justice system’s implementation of the Tribal Law and Order Act of 2010 and the Violence Against Women Reauthorization Act of 2013. The use of Tribal SAUSAs is expanding and, consistent with the Roadmap’s Recommendations 3.3 and 3.4, the Department supports strengthening the work of Tribal SAUSAs by improving access to law enforcement sensitive information and witnesses where such access does not exist already.
The SAUSA program is one area that the Roadmap acknowledges has the potential to address the broader need for skilled, committed prosecutors working on the ground in Indian Country. To help meet this demand, Attorney General Holder announced last November the Attorney General’s Indian Country Fellowship. This fellowship, which will be part of the Attorney General’s Honors Program, will inspire and train the next generation of prosecutors to serve in Indian Country. It will create an opportunity for highly qualified law-school graduates to spend three years – primarily in U.S. Attorneys’ Offices – working on Indian Country cases and thereby creating a pool of attorneys with deep experience in Federal Indian law, tribal law, and Indian country issues.
The commitment of the U.S. Attorney’s Offices in Indian Country has been supported by Department components that have provided much-needed training to law enforcement and prosecutors who are working in Indian Country. For example:
· National Indian Country Training Initiative (NICTI). Prosecutors working in Indian Country need specialized training. The NICTI has answered that call. Launched in 2010, it works to ensure that AUSAs and Tribal SAUSAs, as well as state and tribal criminal justice personnel, receive the training and support needed to address the particular challenges relevant to Indian Country prosecutions. For example, in January 2013, the NICTI partnered with the National Strangulation Training Institute to deliver the first-ever national Indian Country training on the investigation and prosecution of non-fatal strangulation and suffocation offenses. The training, held at the National Advocacy Center in Columbia, South Carolina, drew attendance from 17 tribes, U.S. Attorney’s Offices, the FBI, and the Bureau of Indian Affairs and provided an in-depth examination of the mechanics of strangulation and suffocation from a medical, legal, and law enforcement perspective.
· Access to Justice (ATJ) . Since 2011, ATJ has partnered with the U.S. Department of the Interior’s Bureau of Indian Affairs, Office of Justice Services, to host a series of tribal court trainings known as the Tribal Court Trial Advocacy Training Program. This free, three-day trial advocacy course is designed to improve the trial skills of judges, public defenders, and prosecutors who appear in tribal courts. All trainings are staffed by experienced tribal prosecutors, defenders, judges, Assistant United States Attorneys (AUSAs) who prosecute Indian Country cases, and Assistant Federal Public Defenders.
Finally, the Department is also working to ensure that, in our work in Indian Country, we remain focused on providing critical services to the victims of crime. Since 2009, the Office for Victims of Crime (OVC), within the Office of Justice Programs, has provided over $2.6 million to the BIA to support victim assistance positions in Montana, South Dakota, Arizona, and New Mexico and has helped to build the capacity of sexual assault services in Indian Country through such innovative partnerships as the Department and the Indian Health Service working together to establish the American Indian/Alaska Native Sexual Assault Nurse Examiner-Sexual Assault Response Team (SANE-SART) Initiative, which addresses the comprehensive needs of tribal victims of sexual violence.
As the Roadmap recommends and as detailed above, the Department is embracing intergovernmental cooperation and coordination. In an effort to further strengthen the government-to-government relationships between the Department and sovereign tribes, the Department is in the process of adopting a new Statement of Principles to guide all the actions we take in working with federally recognized Indian tribes. This proposed Statement will codify our determination, as the Attorney General has remarked, to serve not as a patron, but as a partner in fighting crime and enforcing the law in Indian Country. It will also memorialize our commitment to Indian tribes and provide a foundation for reinforcing relationships, reforming the criminal justice system, and aggressively enforcing federal laws and civil rights protections. The Department has now begun the process of formal and informal consultation with tribal leaders on the Statement of Principles. [2]
Combating Domestic Violence
The fight against domestic violence in Indian Country has been an especially important priority for the Department of Justice. The Department applauds Congress for passing the bipartisan Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which the President signed into law last March. This important Act, most of which has already taken effect, improves the ability of federal and tribal authorities to respond to domestic violence offenders and protect victims in three crucial ways. First, it strengthens federal domestic violence offenses and the federal assault statute – a statute frequently used in Indian Country intimate-partner violence crimes. Second, the Act recognizes the tribes’ inherent power to exercise “special domestic violence criminal jurisdiction” over those who commit acts of domestic violence or dating violence or violate certain protection orders in Indian Country, regardless of their Indian or non-Indian status. Finally, it contributes to tribal self-determination by recognizing that tribes have full civil jurisdiction to issue and enforce protection orders involving any person (Indian or non-Indian) in matters arising anywhere in the tribe’s Indian country or otherwise within the tribe’s authority. These provisions, which help hold Indian and non-Indian perpetrators accountable, were first proposed, and have long been championed, by the Department.
While the new law’s tribal criminal jurisdiction provision takes effect on March 7, 2015, VAWA 2013 also authorizes a voluntary “Pilot Project” to allow tribes to begin exercising special domestic violence criminal jurisdiction sooner. The Department received the first set of requests from six tribal governments to participate in the Pilot Project and last week three tribes – the Pascua Yaqui Tribe of Arizona, the Umatilla Tribes of Oregon, and the Tulalip Tribes of Washington – were granted Pilot Project approval by the Department. They will be the first tribes in the nation to exercise special criminal jurisdiction over crimes of domestic and dating violence, regardless of the defendant’s Indian or non-Indian status, under VAWA 2013.
The Roadmap offers a recommendation for another step forward in Alaska as well. It urges the repeal of Section 910 of VAWA 2013. VAWA Section 910 renders the restored tribal jurisdiction provisions of Sections 904 and 905 of the Act generally inapplicable in Alaska. The Department supports the repeal of Section 910. Permitting application in Alaska of VAWA Section 905, which provides that tribes have full civil jurisdiction to issue and enforce domestic violence protection orders, would be a meaningful change that could help protect Alaska Native victims of domestic violence. Unlike VAWA Section 904 (which recognizes tribal criminal jurisdiction over certain crimes committed in a tribe’s Indian country), VAWA Section 905 expressly covers not only matters arising anywhere in the tribe’s Indian country but also matters that are “otherwise within the authority of the Indian tribe.” So the impact of repealing Section 910 will likely have its greatest direct effect on the application of Section 905, which would then recognize Alaska tribes’ civil jurisdiction to issue and enforce protection orders involving Natives and non-Natives alike.
Protecting Our Children
Providing safe, secure, and healthy communities for children is perhaps the most important priority for all stakeholders in Indian Country. In that regard, the Roadmap makes numerous recommendations relating to myriad criminal justice issues impacting tribal youth and juvenile justice.
The Department agrees that few issues are more critical to the long-term improvement of public safety in Indian Country than working with young people to break the cycle of violence and hopelessness we have come to see on some reservations. Recognizing the importance of this issue, the Department is working to improve juvenile justice in Indian Country.
· In South Dakota, my colleague U.S. Attorney Brendan Johnson has implemented a process of collaboration with tribal prosecutors on some reservations that formalizes efforts to work together towards ensuring justice for juvenile offenders. While remaining committed to the federal prosecution of juveniles who commit the most serious offenses and those involved in gang activity, the South Dakota U.S. Attorney’s Office program recognizes that, where appropriate, tribal prosecution may be the most effective method of handling juvenile misconduct. The hope is that keeping these young offenders under the supervision of the tribal court for as long as possible will provide an opportunity for rehabilitation, allow the youth to remain in his community surrounded by his family and culture, and keep federal prosecution – and a federal record – as a last resort.
· In North Dakota, in the fall of 2012, we launched a pilot program aimed at reaching young people on the Standing Rock Reservation. An AUSA in our office, who is himself an enrolled member in a North Dakota tribe, spearheaded the program. During the 2012-2013 school year, he organized a series of presentations to the student bodies of Standing Rock High School and Standing Rock Middle School designed to educate the students on protecting their personal safety and on the legal and physical/psychological hazards associated with certain conduct. The Standing Rock students were receptive to these presentations and we believe the program increased trust of the law enforcement presenters. Indeed, the Bismarck Tribune editorialized that “[t]o have an assistant U.S. attorney making his or her presence felt on the Standing Rock Indian Reservation — not in the courtroom but in the lives of young Native Americans — has to make a positive difference.” [3] We agree.
Finally, the Department recently established the American Indian and Alaska Native Children Exposed to Violence Task Force as part of the Department’s Defending Childhood Initiative. The Initiative is designed to prevent and reduce children’s trauma from experiencing violence as victims or witnesses. Research funded by the Department demonstrates that a majority of America’s children – more than 60 percent – are exposed to some form of violence, crime, or abuse. [4] While this study was not specific to tribal communities, our own experiences and reports from tribal leadership tell us that American Indian and Alaska Native children experience high degrees of unmet needs for services and support to prevent and respond to extreme levels of violence on some reservations.
The Task Force is made up of an Advisory Committee of tribal members and national experts – in academia, child health and trauma, and child welfare and law – and a Working Group that, along with me, includes U.S. Attorneys Amanda Marshall from Oregon, Brendan Johnson from South Dakota, and Barry Grissom from Kansas, as well as other top officials from the Departments of Justice, the Interior, and Health and Human Services. More specifically:
· The Task Force’s Advisory Committee, co-chaired by former U.S. Senator and former chair of the Senate Committee on Indian Affairs Byron Dorgan and Iroquois composer and singer Joanne Shenandoah, has been appointed to examine the scope and impact of violence facing American Indian and Alaska Native children and make policy recommendations to Attorney General Holder on ways to address this issue.
· The Working Group was formed to support the Advisory Committee because the Department recognizes that there are things we can do right now that can have a direct and immediate impact in children’s lives. These efforts are already making a difference. Since its inception in August 2013, the Working Group of federal officials has taken action to improve educational and programmatic services in youth detention facilities in Indian Country. Contracts have been secured for teachers who will provide educational services to Native youths held in Bureau of Indian Affairs’ detention facilities.
The Advisory Committee held its first hearing on December 9, 2013, in Bismarck, North Dakota. We were honored to have Senator Heitkamp participate. Over this next year, the Advisory Committee will continue to travel throughout the country, holding hearings and listening sessions. The Advisory Committee will explore existing research and consult with experts to obtain a clearer picture of the incidence of violence among native children, and help identify ways to prevent it. The Advisory Committee’s work will culminate in a final report – a strategic plan of action that will guide practitioners and policymakers at all levels. Similar to the work of the Defending Childhood Task Force, the recommendations of the Advisory Committee will serve as a blueprint to guide us into the future.
The work that is done in Indian Country United States Attorney’s Offices across this nation every day is critical to the improvement of public safety on the reservations. As a United States Attorney who has prioritized this work in my District, I am incredibly grateful to my colleagues throughout the Department and to Attorney General Holder for their unwavering commitment to the mission in Indian Country. The United States Attorney community and the Department as a whole are proud of the work we have done thus far, but know there is much more to do. As the Attorney General has declared, we must and we will, recommit ourselves to collaboration with our tribal partners on an unprecedented scale.
Thank you for the opportunity to appear before you today to reiterate the Department’s strong commitment to working with Congress, and especially this Committee, and with our tribal partners to achieve the core goals that animated the Indian Law and Order Commission and its dedicated members and staff: to build safe, sustainable, healthy, and resilient American Indian and Alaska Native communities. We praise the Commission for its hard work and devotion to strengthening and securing public safety for tribal nations, and we thank the Commission for its thoughtful and comprehensive recommendations.
I look forward to answering any questions you may have.
[1] www.justice.gov/tribal/tloa-report-cy-2011-2012.pdf
[2] http://www.justice.gov/tribal/
[3] “Reaching out on the Reservation,” Bismarck Tribune, May 3, 2012.
[4] https://www.ncjrs.gov/pdffiles1/ojjdp/227744.pdf
Sharon Man Sentenced to 10 Years in Prison for Possessing, Selling Crack CocaineRead the Press Release
PITTSBURGH, PA - A resident of Western Pennsylvania, has been sentenced in federal court to 120 months in prison on his conviction of violating federal narcotic laws, United States Attorney David J. Hickton announced today.
Senior United States District Judge Gustave Diamond imposed the sentence on Maurice Davis, Jr., 28, of Sharon, PA.
According to information presented to the court, on April 12, 2012, Davis, a career offender, possessed with the intent to distribute 180 grams of crack cocaine. In addition, Davis, together with others, sold crack cocaine out a “stash house” located in Sharon, Pennsylvania.
Assistant United States Attorney Eric S. Rosen prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Pennsylvania State Police and the Southwest Mercer County Regional Police for the investigation leading to the successful prosecution of Maurice Davis, Jr.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 10, 2014, by U.S. District Judge Roberto A. Lange.
Jason Riley, age 36, was sentenced to 6 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Riley was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on November 8, 2011. He pled guilty on November 19, 2013.
On October 13, 2010, Riley was at the Sicangu Village Housing on the Rosebud Sioux Indian Reservation. The victim approached Riley and asked for a cigarette. A verbal disagreement ensued and Riley struck the victim. The victim was also kicked by another man while he was on the ground. The victim suffered multiple abrasions, soft tissue bruising, and a nose bone fracture.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Riley was immediately turned over to the custody of the U.S. Marshals Service.
Riverside County Art Dealer Arrested in Federal Cyberstalking CaseRead the Press Release
LOS ANGELES – The owner of a Temecula art gallery who allegedly stalked, harassed and attempted to extort several art world professionals was arrested today on federal cyberstalking charges.
Jason White, 43, of Temecula, was arrested this morning without incident by special agents with the FBI.
White’s arrest comes after federal prosecutors yesterday filed a criminal complaint that charges White with stalking, a crime that carries a potential penalty of five years in federal prison. White is expected to make his initial appearance this afternoon in United States District Court in downtown Los Angeles.
According to the complaint, White engaged in a stalking and extortion scheme that targeted several art world professionals with whom he had had business relationships. When those business relationships ended, White posted derogatory information about his former associates on websites he had created, and then used threatening emails to demand hundreds of thousands of dollars in exchange for taking the websites down. According to the complaint, White repeatedly made extortionate demands through harassing text messages and emails, and when his demands were not met, he threatened violence.
In one part of the scheme, White targeted his former employer, an art publisher, as well as his supervisor at the art publisher’s company. After creating derogatory websites in the art publisher’s name, White allegedly sent threatening text messages to the art publisher, the publisher’s son, and his former supervisor. According to the complaint, in a text message to his former supervisor, he threatened to find her family and make her pay with “fear, anguish, and pain.” On several occasions, according to the complaint, White obtained pictures of her child and sent pictures of the child to the victim with comments such as “it will be very unfortunate if something was to happen to him.” During this time, according to the complaint, White continued to demand payment in exchange for taking down the websites he had created, and made it known to these victims that their business reputation would be ruined and that his websites would forever show up anytime anyone searched for their name on the internet.
Late last month, White allegedly went to the Facebook page of a well-known artist represented by the art publisher and posted a picture of himself, along with a statement that he was focusing on the artist’s wife and child. White allegedly wrote that he would be waiting in the bushes to “knee cap a child.” Through the Facebook message, White told the artist, “your children are my end game.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The case against White is being investigated by the Federal Bureau of Investigation, Art Crime Team.
Release No. 14-022
Restaurant Owner Pleads GuiltyTo Employing Alien Illegally in U.S.Read the Press Release
WICHITA, KAN. – A Wichita restaurant owner and his wife pleaded guilty Wednesday to harboring a Chinese girl who worked at their restaurant, United States Attorney Barry Grissom said.
The owner, Yong “Tony” Lin, 33, Wichita, Kan., pleaded guilty to harboring an alien unlawfully in the United States and his wife, Zhuo Mei “Mandy” Weng, 29, Wichita, Kan., pleaded guilty to hiding the crime. Both charges are federal felonies.
The pleas were entered Wednesday afternoon before U.S. District Judge J. Thomas Marten, who set both defendants for sentencing on May 7. As part of their guilty pleas, the couple agreed to forfeit about $8,000 in cash seized by Homeland Security agents investigating the case. The money will go to employees who are owed back wages.
In September 2013, the Exploited and Missing Child Unit (EMCU) received a report that a minor teenager from China was being housed with other restaurant workers at a west Wichita apartment complex and that she also was employed at the World Buffet Grill, 2243 N. Ridge Road. With the assistance of the Wichita Police Department and Homeland Security Investigations, EMCU confirmed the reports and was able to place the minor elsewhere.
“More cases like this are coming to light,” Grissom said, where employers seek to exploit workers even if they are minors not authorized to work in the U.S. “Employers who hire persons they know or should know are not authorized to work or who are using false documents should expect to face criminal prosecution.”
Grissom commended the EMCU, the Wichita Police Department, Homeland Security Investigations and Assistant U.S. Attorney Brent Anderson for their work on the case.
An indictment was filed in the case Sept. 11 alleging that Lin and Weng harbored and employed at least three restaurant employees they knew were unlawfully in the United States. They often paid the employees in cash, failed to follow wage and hour guidelines, and failed to maintain I-9 employment eligibility verification forms, according to the indictment.Project Save Our ChildrenRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former Kansas City, Mo., man who has been living in Thailand pleaded guilty in federal court to fleeing the United States in 2007 to avoid paying child support.
Randy Lee Essary, 60, of Springfield, Mo., pleaded guilty before U.S. District Judge Brian C. Wimes on Tuesday, Feb. 11, 2014. Essary was a resident of Chon Buri, Thailand, where he was employed as the senior vice president of development for Eclipse Hotels and Development, which is based in Manila, Philippines and in Hong Kong.
By pleading guilty, Essary admitted that he has failed to pay any court-ordered child support for his son for more than eight years, since January 2005. Essary owes $164,891 in child support.
Essary was a resident of Missouri in 1996. On Feb. 9, 1996, the Jackson County Circuit Court ordered him to pay $1,500 in monthly child support payments for his son, who currently resides with his mother in Utah.
Essary’s last documented entry into the United States and exit thereafter was on Sept. 12, 2007, to attend his daughter’s wedding in Illinois. Essary did not fly directly into the United States for the wedding. Instead, Essary flew from Thailand or the Philippines to Canada. Border crossing records confirm Essary then walked across the border from Canada into the United States at Blaine, Wash. He returned to Thailand in the same manner – by walking across the border at Canada and flying back to Thailand.
Essary was arrested at LAX airport when he returned to the United States on Feb. 22, 2012.
Under federal statutes, Essary is subject to a sentence of up to two years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by the Department of Health and Human Services, Office of Inspector General.
Project Save Our Children
Project Save Our Children is a multiagency law enforcement initiative that investigates and prosecutes the most egregious child support cases. Its members include investigative analysts from the Department of Health and Human Services, Office of Inspector General, the Administration for Children and Families (ACF) Office of Child Support Enforcement (OCSE), the U.S. Marshals Service, U.S. Attorneys' offices, and the Department of Justice, along with child support agencies across the United States. These entities identify, investigate, and prosecute noncustodial parents who knowingly fail to pay support obligations and meet the criteria for federal prosecution under the Deadbeat Parents Punishment Act. More information about federal child support enforcement is available at http://oig.hhs.gov/fraud/child-support-enforcement/Princeton Woman Pleads Guilty to Selling Addictive Prescription Pain PillsRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Kristi Ball, 39, of Princeton, West Virginia, pled guilty in federal court in Bluefield to distributing hydromorphone, a powerful and addictive prescription pain medication. Ball admitted that on January 16, 2013, she sold three hydromorphone pills to a person who was cooperating with law enforcement authorities. The drug deal took place in Princeton.
Ball faces up to 20 years in prison and a $1,000,000 fine. Senior United States District Judge David A. Faber scheduled the sentencing for May 27, 2014.
The West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John File is handling the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. 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.
Priest Sentenced to 90 Months in Prison for Illegal Interstate Transportation of A MinorRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI –Robert Frank Poandl, 72, of Fairfield, Ohio was sentenced in U.S. District Court to 90 months in prison for violation of the Mann Act, a federal law prohibiting interstate transportation of a minor for illicit purposes.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), Marlon Miller, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Ohio and Michigan; and agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the sentence imposed today by U.S. District Judge Michael R. Barrett.
A jury convicted Poandl on September 20, 2013. Testimony presented during the trial showed that, in August 1991, Poandl transported a ten-year old boy from Cincinnati to West Virginia where he sexually assaulted the child. The crime was not disclosed until the victim came forward in 2009.
“The nature and circumstances of the offense are horrendous,” Assistant U.S. Attorney Christy Muncy told the court. “They involve the violent sexual and psychological assault of a prepubescent male. Poandl abused the trust placed in him by (the victim’s) family.
A federal grand jury indicted Poandl, known as “Father Bob”, in November 2012. FBI agents arrested him at the Glenmary Missioners in Fairfield, Ohio. He was placed on house arrest with electronic monitoring following his arrest. Judge Barrett remanded Poandl to the custody of the U.S. Marshals service at the end of today’s hearing to begin serving his sentence immediately.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by FBI agents and investigators with the Greater Cincinnati ICAC and the West Virginia State Police, as well as Assistant U.S. Attorneys Christy Muncy and Timothy Oakley.
Agencies participating in the Greater Cincinnati ICAC, in addition to FBI and HSI Agencies and the U.S. Attorney’s Office include the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
# # #Porcupine Man Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Child Abuse was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Corey Good Crow, age 37, was sentenced to 2 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Between 2008 and 2010, near Porcupine, Good Crow engaged in a pattern of conduct that subjected a child to abuse and neglect, causing the child severe and permanent psychological injury.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Gregg S. Peterman.
Good Crow was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Patrick Left Hand Bull, age 40, was sentenced to 46 months of imprisonment, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In July 2013, near Pine Ridge, Left Hand Bull engaged in sexual contact with a woman who was unable to give consent.
The investigation was conducted by Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Left Hand Bull was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Tobacco, age 22, was sentenced to 30 months in custody, 3 years of supervised release, and ordered to pay $40 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Tobacco was indicted on August 27, 2013, by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner. He pled guilty to Assault with a Dangerous Weapon on October 31, 2013.
The conviction stems from an incident in June of 2013 at a home in Pine Ridge, wherein Tobacco dragged his juvenile girlfriend by the hair from one room to another, and then repeatedly slapped, punched, and kicked her. This assault resulted in the female receiving a severely bruised eye that was swollen shut and numerous bruises all over her upper body.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Tobacco was immediately turned over to the custody of the U.S. Marshals Service.
Pikeville Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
PIKEVILLE, KY - A federal judge has sentenced a Pikeville man to 30 years in federal prison for producing videos of himself engaged in sexually explicit conduct with a small child.
On Tuesday, U.S. District Judge Amul Thapar sentenced 63-year-old David Campbell for producing child pornography. The 30-year sentence is the maximum punishment allowed under the statute. Under federal law, Campbell will have to serve at least 85 percent of his sentence.
According to court documents, from March 2012 until March 26, 2013, Campbell produced sexually explicit videos of himself with the victim and then distributed them to others over the internet.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky and Perrye K. Turner, Special Agent in Charge, FBI, jointly announced the sentence.
The investigation was conducted by the FBI. Assistant U.S. Attorney Jason Parman prosecuted this case for the U.S. Attorney’s Office on behalf of the federal government.
Owner of San Francisco Construction Company Sentenced to Jail for Tax FraudRead the Press Release
SAN FRANCISCO, Calif. – Brian Kenny was sentenced yesterday to six months in prison and six months of home confinement and ordered to pay $199,493.83 in restitution for aiding and assisting in the preparation and presentation of a false U.S. Income Tax Return, announced United States Attorney Melinda Haag and IRS Criminal Investigation Special Agent in Jose M. Martinez.
Kenny pleaded guilty on November 5, 2013. According to court records, on or about February 17, 2005, Kenny incorporated his business, SF Bay Construction, Inc. (SFBC). SFBC filed tax returns reporting business gross receipts but paid no corporate income tax. Rather, Kenny reported SFBC’s income on his personal income tax return and paid the tax as SFBC’s sole shareholder. Kenny, however, evaded the full payment of his individual income taxes by underreporting SFBC’s business gross receipts. According to his plea agreement, Kenny failed to report $470,225.77 in business gross receipts during the 2006 tax year. Kenny admitted that he knew the amount of business gross receipts reported on SFBC’s tax return was material to the calculation of income tax owed on his personal income tax return.
Pursuant to the terms of his Plea Agreement, Kenny signed civil closing agreements with the IRS for his income tax liability and SFBC’s employment tax liability. Kenny has paid the full amount of his restitution.
Kenny, of San Francisco, was charged on July 25, 2013, with six counts of assisting in the filing of false tax returns. He pleaded guilty to one count.
Cynthia Stier is the Assistant United States Attorney who is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Owner of Local Advertising Company Pleads Guilty to Fraud ChargesRead the Press Release
St. Louis, MO – CARY JORDAN pled guilty to fraud charges involving his diversion of almost $500,000 of client funds for his personal use.
According to court documents, Cary Jordan owned and operated the Jordan Group, which was in the business of assisting companies in placing advertisements with various print, radio, television and outdoor media companies throughout the United States and Canada. Jordan Group clients contracted them to act on their behalf in finding media outlets for their advertising campaigns. Once the Jordan Group located media outlets in the appropriate geographical location for the advertising campaigns, they negotiated with the media outlets on behalf of its clients, and invoiced a pre-bill to the client based on the price and estimated number of advertising spots negotiated with the media outlets. In turn, clients paid the Jordan Group based on the pre-bill. After the ads ran, the media outlets invoiced the Jordan Group based on the price and actual number of advertising spots that ran. The Jordan Group then made payment to the media outlet from the funds it received from its client due to the pre-bill.
between January and October 2008, the Jordan Group ceased paying the media outlets for their advertising spots. Instead, Cary Jordan diverted funds for his personal use and to invest in other non-related investment opportunities.
Jordan, formerly of Webster Groves, MO, currently residing in Florida, pled guilty to two felony counts of mail fraud before United States District Judge John A. Ross. Sentencing has been set for May 15, 2014.
Mail fraud carries a maximum penalty of 30 years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney’s Office.
Orlando Man Pleads Guilty to Impersonating A DEA Agent and Unlawful Possession of A FirearmRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William Benjamin Mejias (41, Orlando) today pleaded guilty to impersonating a Drug Enforcement Administration agent and possession of a firearm by a convicted felon. Mejias faces a maximum penalty of thirteen years in federal prison. A sentencing date has not yet been set.
According to the plea agreement and court documents, Mejias appeared at nightclubs in Orlando dressed in clothes that identified him as an agent with the Drug Enforcement Administration (DEA). Mejias wore authentic-looking DEA badges, carried a firearm and reportedly told several people that he was a DEA agent. He also posted photos of himself on social media websites wearing DEA clothes, a DEA badge, and a firearm. In September 2013, local police officers conducted a traffic stop on Mejias and he displayed a DEA badge and credentials to get out of the ticket. During a later search of Mejias’s residence, agents found a loaded semi-automatic firearm.
Mejias was convicted of three separate felony burglaries in 1994, 1995, and 1996, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Federal Bureau of Investigation and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Ohio Man Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Steven Boffman, 53, of Columbus, Ohio, was sentenced to 53 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that Boffman was indicted in August 2010 along with seven others for their participation in a marijuana distribution organization responsible for the large scale distribution of marijuana in Rochester and Columbus, Ohio. Three of the co-defendants in the case, Andrew Wright, Richard Anderson, and Aston Johnson, were convicted in December 4, 2013 of murdering three men in Greece, N.Y. in furtherance of the marijuana conspiracy.
The sentencing is the culmination of an investigation by the Greece Police Department, under the direction of Chief Todd Baxter, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Mark Koss, Immigration of Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli.
Of St. joseph River Watershed SettlementsRead the Press Release
Hammond, Indiana - United States Attorney David Capp and the U.S. Environmental Protection Agency (EPA) today announced that the City of Mishawaka, Indiana has agreed to make an estimated $132.1 million worth of improvements to its combined sewer system to completely eliminate overflows of raw sewage to the St. Joseph River during a typical year of rainfall.
The improvements that Mishawaka will implement to its sewer system under the consent decree announced today will provide major public health and environmental benefits.Currently, Mishawaka annually discharges into the St. Joseph River an estimated 111 million gallons of raw sewage.After implementing the improvements required under the settlement, Mishawaka will completely eliminate all raw sewage discharge events during a typical year of rainfall.The State of Indiana is a co-plaintiff and a signatory to the proposed consent decree.
The settlement with Mishawaka completes a trio of settlements; first with the City of Elkhart approved by the Court on November 30, 2011; then with South Bend approved by the Court on May 2, 2012; and finally with Mishawaka, lodged with the Court today for public comment pursuant to the Clean Water Act.The three settlements require sewer system improvements at an estimated cost of $800 million.The sewer system improvements are expected to reduce annual raw sewage discharges by over 1.1 billion gallons.The reduced discharges will result in preventing over 700,000 pounds of pollutants from entering the St. Joseph River each year.
All three communities have combined sewer systems that collect and convey stormwater, sanitary sewage, and other pollutants to wastewater treatment plants (WWTPs). During wet weather events, and during some dry weather time periods, a portion of the sewage that flows through combined sewer systems is not conveyed all the way to the WWTPs; instead the raw sewage is discharged into the St. Joseph River through outfalls activated when the waste water flow exceeds the capacity of the collection, conveyance, and treatment capabilities of the combined sewer system.
“The trio of Clean Water Act settlements concluded today will result in historic and permanent water quality improvements to the St. Joseph River and Lake Michigan that will benefit this region for decades to come,” said United States Attorney David Capp.“Mishawaka’s commendable commitment to completely eliminate raw sewage discharges during a typical year of rainfall, combined with the commitments of South Bend and Elkhart, will pay off in better protection of public health and a cleaner river and Great Lake for all to enjoy.”
“When the Cities of Mishawaka, South Bend, and Elkhart complete the work they have agreed to in these three settlements, the water in the St. Joseph River and Lake Michigan will be cleaner and healthier,” said EPA Region 5 Administrator / Great Lakes National Program Manager Susan Hedman.
“Mishawaka has made great progress in eliminating pollution from its CSOs and improving the quality of the St. Joseph River,” said Thomas Easterly, IDEM Commissioner.“The City’s continued commitment to further reductions will mean healthier neighborhoods for all downstream communities who use the St. Joseph River for fishing, recreation, and as a drinking water source.”
“Protecting our rivers and streams is an important shared responsibility.The settlement is fair to all sides and the City of Mishawaka has agreed to uphold its environmental obligations.Ultimately the public -- those who live and work near the river – will benefit from these planned improvements,” said Indiana Attorney General Greg Zoeller, whose office serves as legal counsel to State government.
Today’s settlement is the latest in a series of Clean Water Act settlements that will reduce raw sewage discharges into the United States’ rivers, streams, and lakes.The settlement requires Mishawaka to pay a civil penalty of $28,000 for those Clean Water Act violations, which will be divided equally between the United States and the State of Indiana. Keeping raw sewage and contaminated storm water out of the waters of the United States is one of EPA’s National Enforcement Initiatives for 2011 to 2014.The initiative focuses on reducing discharges from sewer overflows by obtaining cities’ commitments to implement timely affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.
This case was handled by Assistant United States Attorney Wayne Ault and EPA Senior Counsel Thomas Kenney. Elizabeth Admire, an attorney for IDEM, served as counsel for co‑plaintiff State of Indiana.
The consent decree was lodged in the United States District Court for the Northern District of Indiana.The consent decree will be subject to a 30‑day public comment period and subsequent judicial approval, and will be available on the Justice Department website at http://www.usdoj.gov/enrd/Consent_Decrees.html
Moorhead Man and Two Co-defendants Sentenced in Methamphetamine ConspiracyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 12, 2014, Juan Cerna, 26, Moorhead Minn., was sentenced before U.S. District Judge Ralph R Erickson, to 18 ½ years for conspiracy to possess with intent to distribute and distribution of a controlled substance.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that were distributed in the Fargo-Moorhead area. Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed throughout the local area.
Judge Erickson also sentenced two other members of the Cerna organization for their involvement in the conspiracy. Steven Schmidt, 35, Fargo N.D., was sentenced to five years in the conspiracy, and
Brandon Elsenpeter, 26, Fargo N.D. was sentenced to three years’ probation for his involvement. All three men were ordered to pay $100 special assessment to the Crime Victims Fund in addition to their sentence. Juan’s brother, David Cerna Jr., pleaded guilty during trial and will be sentenced on April 14, at 10:00 a.m. U.S. District Court.The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky prosecuted the cases.
Mission Woman Charged with Fraudulently Altered Money OrderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Fraudulently Altered Money Order.
Jamie Walking Eagle, age 27, was indicted on August 21, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that took place on November 5, 2012, when Walking Eagle fraudulently passed a United States Postal Money Order purchased by another individual that was made payable to Estes Park Court in the amount of $215.00. Walking Eagle had altered it to be made payable to her.
The charge is merely an accusation and Walking Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspection Service. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Walking Eagle was released on bond pending trial. A trial date has not been set.
Mexican National Sentenced to More Than Fifteen Years for Trafficking Methamphetamine in RoswellRead the Press Release
ALBUQUERQUE – Hector Ruiz, 34, a Mexican national from Jalisco, Mexico, was sentenced late yesterday afternoon in Las Cruces federal court to 188 months in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, and Special Agent in Charge Joseph A. Arabit of the El Paso Division of the DEA.
Ruiz, who was an undocumented alien illegally in the United States, and his co-defendant Mario Alvarez, also of Roswell, were arrested on Sept. 14, 2012, on a criminal complaint alleging methamphetamine trafficking charges. A three-count indictment subsequently was filed charging Ruiz and Alvarez with conspiracy and possession of methamphetamine with intent to distribute, and charging Ruiz alone with another count of possession of methamphetamine with intent to distribute. The indictment alleged that the offenses were committed in Roswell on Sept. 14, 2012.
According to court filings, on Sept. 14, 2012, the DEA and Chaves County Metro Narcotics Task Force conducted surveillance of Alvarez in Roswell based on a tip that he was planning to sell a pound of methamphetamine later that day in Artesia. After officers observed Alvarez meet with Ruiz, they executed a traffic stop on Alvarez’s vehicle and recovered a bag containing approximately one pound of methamphetamine hidden under the front passenger seat. During a post-arrest statement, Alvarez admitted he planned to deliver the methamphetamine to Artesia.
The officers then executed a search warrant at a Roswell residence where they recovered approximately three pounds of methamphetamine and $30,000, which Ruiz admitted belonged to him. After Ruiz was arrested, he admitted delivering a pound of methamphetamine to Alvarez earlier that day. Ruiz pled guilty to all three counts of the indictment on June 27, 2013.
Alvarez pled guilty to the two counts in the indictment against him on Feb. 8, 2013. He remains in federal custody pending his sentencing hearing, which has yet to be scheduled. Alvarez faces a maximum sentence of not less than five and not more than 40 years in prison when he is sentenced.
This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office and Special Assistant U.S. Attorney Donald F. Moore, Jr., who is also an Assistant District Attorney in the 5th Judicial District Attorney’s Office.
The case was brought as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Memphis Woman Sentenced to 57 Months in Prison for Mortgage Fraud SchemeRead the Press Release
Memphis, TN – Sylvia Denise Cathey, 46, of Memphis, TN, was sentenced yesterday to 57 months in federal prison following her guilty plea to one count of mail fraud and one count of money laundering, announced U.S. Attorney Edward L. Stanton III.
According to the facts alleged in the indictment and revealed in open court, Cathey was engaged in a mortgage fraud scheme that utilized third parties as “straw” buyers. As part of her plea agreement, Cathey admitted that on March 22, 2007, she knowingly sent a package of fraudulent documents to Chase Bank USA. She further admitted that on July 12, 2007, $11,517.48 was transferred to her company, Preferred Title and Escrow, as part of another fraudulent transaction.
In addition to the prison sentence, Senior U.S. District Judge Jon P. McCalla ordered Cathey to serve three years of supervised release, 300 hours of community service, and to either pay a $5,000 dollar fine or make at least $5,000 in restitution to the victims of her scheme.
This case was investigated by Internal Revenue Service-Criminal Investigations, the Federal Bureau of Investigation, and the United States Postal Inspection Service. Assistant U.S. Attorney Christopher Cotten represented the government.Man Pleads Guilty to Swindling Millions from Investors in Golf Course SchemeRead the Press Release
RENO, Nev. – A man who fraudulently convinced 11 persons to loan him a total of $3.6 million for the purchase of a golf course near Gardnerville, Nev., pleaded guilty today to 24 federal felony charges, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Scott H. Summerhays, 55, formerly of the South Lake Tahoe area, but currently in custody in Reno, pleaded guilty during the first day of trial to 14 counts of wire fraud, seven counts of money laundering, two counts of identity theft, and one count of aggravated identity theft. Summerhays, who was indicted in February 2012, faces over 30 years in prison and fines of up to $5.7 million, and is scheduled to be sentenced on May 29, 2014, at 10:00 a.m. by U.S. District Judge Larry R. Hicks.
“This is the second person to be convicted or sentenced of federal investment fraud charges in the northern Nevada area this week,” said U.S. Attorney Bogden. “In both cases, the defendants led their victims to believe that they were legitimate businessmen and used fraudulent documents to support their scheme. If you are considering a financial arrangement with someone, be sure to check the veracity of any documents they provide you, as fraudulent documents are common and easy to create.”
According to the court records, during 2008 to 2010, Summerhays represented to potential investors that he was purchasing the Genoa Lakes Golf Club located west of Gardnerville, Nev. for $17 million and needed a short term loan to complete the deal because his own money was tied up in a trust. Summerhays also represented to the potential investors that he solicited funds for oil and gas investments in Texas and owned over $30 million in Berkshire, Las Vegas Sands and MGM stocks. Summerhays showed some of the investors a fraudulent investment account statement. Summerhays also claimed that he was in partnership with Las Vegas Sands owner Sheldon Aldelson, and showed potential investors a partnership agreement containing the forged signature of Adelson. In reality, Summerhays had no investment portfolio, and Adelson never heard of Summerhays or had any partnerships with him. Using this scheme, Summerhays was able to convince 11 persons to loan him money for the golf course, totaling approximately $3.6 million. None of the investors were repaid and they lost all of the money they loaned Summerhays.
The case was investigated by the FBI and IRS Criminal Investigation, and prosecuted by Assistant U.S. Attorneys Ronald C. Rachow and Megan Rachow.
This case was handled in connection with the President's Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.MPRI Inc. Agrees to Pay $3.2 Million for False Labor<br /> Charges on Contract to Support Army in AfghanistanRead the Press Release
MPRI Inc. has agreed to pay $3.2 million to resolve allegations that it submitted false labor charges on a contract to support the Army in Afghanistan, the Justice Department announced today. MPRI is a Chantilly, Virginia-based company.
“We will not tolerate contractors that bill for work that is not performed,” said Assistant Attorney General for the Department of Justice’s Civil Division Stuart F. Delery. “The Department of Justice will pursue those who do not comply with the terms of their bargain with the government and restore to the taxpayers the full measure of funds falsely claimed.”
The government alleged that MPRI billed for employees who had not worked because they had been granted leave and were out of the country. The alleged false billing occurred between March 2005 and October 2010.Under its contract with the Army, MPRI was required to provide support to the Army in its efforts to re-design and build from scratch a new Afghan Defense Sector that would establish an Afghan national security system suitable for a modern Western military. Among other things, MPRI was required to provide support for program and financial management, development and implementation of core systems for the Afghan Ministry of Defense and General Staff, intermediate Commands, and sustaining institutions, training in logistics, acquisitions, installation management and intelligence.
“Our job with our partner agencies is to ensure that the government gets what it pays for,” said U.S. Attorney for the Southern District of Ohio Carter Stewart. “Our office will make every effort to ensure that government contractors submit claims in strict compliance with contract terms and take no liberties in the submission of claims for payment.”
The allegations arose from a whistleblower lawsuit filed by Byron Scott Lankford under the False Claims Act, which permits private individuals to bring lawsuits on behalf of the government and to share in the proceeds of any settlement or judgment. MPRI employed Lankford in Afghanistan between 2007 and 2009 as a finance officer and contract support official. Lankford will receive $576,000 as his share of the settlement amount.
The settlement announced today was the result of a coordinated effort by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Southern District of Ohio and an investigative team that included the Defense Criminal Investigative Service and the Defense Contract Audit Agency. The claims settled by this agreement are allegations only, and there has been no determination of liability.
The case is captioned U.S. ex rel. Lankford v. MPRI Inc., Case No. 10-193 (S.D. Ohio).Luzerne County Man Pleads Guilty to Trafficking Heroin and Cocaine from 2009 to 2013Read the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Kingston resident pleaded guilty today before U.S. District Court Judge Robert D. Mariani to distributing heroin and cocaine during a four-year period.
According to United States Attorney Peter J. Smith, the defendant, James Featherstone, age 33, admitted to distributing cocaine and heroin on multiple occasions in Luzerne County during January 2009 through September 2013.
The charge against Featherstone resulted from an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Pennsylvania State Police, Kingston Police, and the Luzerne County District Attorney’s Office.
Featherstone faces a potential maximum sentence of 20 years in prison and a $1 million fine.
According to the terms of the plea agreement filed in the case, the government and the defendant will recommend that Featherstone be sentenced to between 163 months and 188 months in prison. Sentencing will occur in May 2014.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Local In-Home Healthcare Provider Indicted on Bank Fraud ChargesRead the Press Release
St. Louis, MO – TINA KUEHL was indicted on bank fraud charges involving her fraudulent statements involving payment of a bank loan.
According to the indictment, in December 2010, Kuehl’s mother obtained a $305,000 property loan from the Community Bank of Owensville, MO, a branch of the Maries County Bank. Both Kuehl and her mother are listed on the deed of trust for the property. Kuehl made the loan payments using checks drawn on her personal bank accounts at several banks, including a business account in the name of Baby Boomers Health, LLC, which Kuehl owned and operated. On many occasions, they did not make timely payments on the loan and in July 2013, Maries Bank foreclosed on the property.The indictment alleges that after the foreclosure in July 2013, Kuehl devised a scheme to defraud Maries Bank by submitting fraudulent checks as proof that she had made loan payments to the bank. On six occasions, she changed the payee on copies of unrelated cancelled checks so that it would appear that she had made loan payments to Community Bank of Owensville. She allegedly continued the fraud by claiming to have made cash payments to a bank employee on two occasions. The bank employee was on sick leave on the day Kuehl claimed she made the first $4,000 cash payment to the employee at the bank. Kuehl claimed that she made a second cash payment of $6,900 to a bank employee at a truck stop.
Finally, the indictment states that Kuehl retained attorneys to represent her after the foreclosure, and falsely told them she had made payments by checks and cash, which the bank had not credited to her loan account. She also gave copies of the fraudulent documents, including the fraudulent checks, to her attorneys who presented the fraudulent documents to the bank.
Kuehl, of Ballwin, Missouri,, was indicted by a federal grand jury on February on one felony count of bank fraud. She is expected to appear in federal court today.If convicted, bank fraud carries a maximum penalty of 30 years in prison and/or fines up to $1 million. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
In November 2013, Kuehl was indicted by a federal grand jury on five counts of health care fraud and one count of making false statements to federal agents. The trial of these offenses is scheduled for May 5, 2014.
This case was investigated by Health and Human Services Office of Inspector General. Assistant United States Attorney Dorothy McMurtry is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.Judge Sentences Harrisburg Man to 25 Years Imprisonment for Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Harrisburg man described as a danger to the community was sentenced today by a federal judge to a long prison term for conspiracy and distribution of cocaine and crack.
According to United States Attorney Peter J. Smith, Senior United States District Judge William Caldwell sentenced Dawan Maynard, age 41, of Harrisburg, to 25 years in prison. Judge Caldwell noted that Maynard’s criminal history including violence and firearms demonstrated his danger to the community. Furthermore, Maynard’s extensive prior periods of incarceration had failed to deter him from reengaging in criminal conduct. Maynard has prior convictions for robbery and attempted murder.
On September 12, 2013, Judge Caldwell sentenced co-defendant Michael Morris, age 46, of Harrisburg to 262 months in prison. At that sentencing proceeding, Judge Caldwell noted Morris’s three prior drug trafficking convictions. Both Maynard and Morris were convicted by a jury in April 2013.
The three-year investigation into the activities of Dawan Maynard was spearheaded by the Drug Enforcement Administration in conjunction with Dauphin County Drug Task Force. The indictment charged Maynard and his co-conspirator with using threats of violence and intimidation to acquire cocaine from other area drug traffickers.
The U.S. Attorney’s Office publicly acknowledged and thanked the law enforcement agencies who assisted in this investigation and successful prosecution, including the Dauphin County Criminal Investigation Division, Middletown Bureau Police Department, Lower Paxton Township Police Department, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Michael Consiglio.
* * * *Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance ActRead the Press Release
Attorney General Eric Holder and Director of National Intelligence James Clapper released the following joint statement Wednesday:
“On Jan. 3, 2014, the Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority. The Director of National Intelligence also announced that the Administration was undertaking a declassification review of the court’s Jan. 3 primary order.
“During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities this country needs without the U.S. Government holding this bulk data.
“As a first step in that transition, the President directed the Department of Justice to work with the FISC to ensure that, absent a true emergency, the telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. The President also directed that the query results must be limited to metadata within two hops of the selection term instead of three. As previously announced on Feb. 6, 2014, to put these two changes into effect, the Department of Justice filed a motion with the FISC to amend its Jan. 3, 2014, primary order that renewed the authority to collect telephony metadata under Section 215. On Feb. 5, 2014, the FISC granted the motion.
“Following a declassification review by the Executive Branch, today the FISC released in redacted form the previously classified Jan. 3, 2014, primary order, signed by Judge Thomas Hogan, re-authorizing the collection of bulk telephony metadata under Section 215. The order re-affirms that the bulk telephony metadata collection is lawful. The authorization expires on Mar. 28, 2014. The FISC also released in redacted form the U.S. Government’s previously classified motion to amend the Jan. 3, 2014, primary order, as well as the previously classified Feb. 5, 2014, order granting that motion, signed by Judge Reggie Walton.
“The motion and two orders are available at the FISC’s website, www.uscourts.gov; the website of the Department of Justice, www.justice.gov; the website of the Office of the Director of National Intelligence, www.dni.gov; and ODNI’s public website dedicated to fostering greater public visibility into the intelligence activities of the Government, IContheRecord.tumblr.com.”
Jerome Woman Admits Using U.S. Mail in Immigration Fraud SchemeRead the Press Release
Defendant Falsely Represented Herself as Immigration Attorney to Collect “Fines and Fees” from Victims
BOISE – Celia Perez, 40, of Jerome, Idaho, pleaded guilty today in United States District Court to two counts of using the mail to execute an immigration services fraud scheme, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Perez admitted that she falsely represented herself as an immigration attorney and solicited fees from clients for immigration services that she never provided. The scheme ran from 2006 through 2013. As part of the scheme to defraud, Perez sent her clients invoices requesting money for “fines and fees,” that she claimed were due and owing to various U.S. Government agencies for immigration benefits applications. The clients then sent money, by certified checks and money orders, to Perez at her U.S. Post Office Box in Wendell, Idaho, through the use of the U.S. Mail. Perez never filed any applications for immigration benefits with any U.S. Government agencies, nor were any fines or fees ever owed by the clients for immigration benefits applications. Rather, Perez used the money paid by the clients for her own purposes.
According to the plea agreement, during the investigation, Perez voluntarily met with agents of ICE’s Homeland Security Investigations and admitted that she had engaged in the fraud scheme for several years. Perez further admitted that she obtained money from victims identified in the plea agreement, but did not pay any fines or fees to U.S. Government agencies as she had represented. Instead she used the money for her own purposes. Perez admitted that the amount of loss resulting from her fraud scheme is greater than $300,000, but less than $400,000. Perez also admitted that she opened approximately 12 credit card accounts, and obtained a student loan in the name of a relative. The government is seeking forfeiture of assets and restitution for victims of the fraud.
“Ms. Perez took advantage of those who dreamed of U.S. citizenship,” said Olson. “She took their money but was never in a position to assist them in obtaining immigration benefits. The U.S. Attorney’s Office and its law enforcement partners are committed to vigorously pursuing this kind of fraud. We are committed to protecting the integrity of the United States immigration system and those who lawfully seek benefits through that system.”
Anyone who wants to notify the government that he or she was a victim of Celia Perez’s fraud scheme should send a written statement, with details and supporting documents, to Special Agent Richard Cross, Homeland Security Investigations, at 1185 S. Vinnell Way, Boise, Idaho 83709-1656.
Each count of mail fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for April 29, 2014, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Boise.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Postal Inspection Service (USPIS).
Jefferson County Man Guilty of Drug Trafficking ViolationsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 25-year-old Port Arthur, Texas man has pleaded guilty to drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Michael Joseph Barrett IV pleaded guilty to possession with intent to distribute methamphetamine on Feb. 11, 2014 before U.S. District Judge Marcia Crone.
According to information presented in court, on Feb. 19, 2013, law enforcement officers responded to a residence on 32nd Street in Port Arthur after receiving information regarding suspected manufacture of methamphetamine at the location. Consent to search was obtained and a search of the premises revealed a small amount of cocaine, a semi-automatic pistol, and various items associated with methamphetamine manufacture, including a three liter bottle containing a methamphetamine mixture. A federal grand jury returned an indictment on Dec. 4, 2014, charging Barrett with drug trafficking violations.
Barrett faces up to 20 years in federal prison at sentencing. A sentencing date has not been set.
This case was investigated by the Drug Enforcement Administration, the Port Arthur Police Department and the Jefferson County Sheriff’s Office Crime Lab and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jefferson City Man Indicted for Child PornRead the Press Release
Project Safe Childhood
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., man was indicted by a federal grand jury today on charges related to receiving and attempting to distribute child pornography over the Internet.
Dustin Clay Trail, 32, of Jefferson City, was charged in a three-count indictment returned by a federal grand jury in Jefferson City.
Today’s indictment alleges that Trail received child pornography over the Internet on Sept. 3, 2013. The indictment also charges Trail with attempting to distribute child pornography over the Internet on Sept. 4, 2013, and with possessing child pornography from May 2013 to Oct. 31, 2013.
The indictment contains a forfeiture allegation, which would require Trail to forfeit to the government any property used to commit the alleged offenses, including a desktop computer, three hard drives and CDs.
Dickinson cautioned that the charges contained in this indictment 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.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the Boone County Cyber Crimes Task Force and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Jefferson City Couple Sentenced for Illegal Firearms, Tampering with EvidenceRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., husband and wife were sentenced in federal court today for the husband’s illegal possession of firearms and the wife’s tampering with evidence.
Andrew David Brandwein, 39, of Jefferson City, was sentenced by U.S. District Judge Brian C. Wimes to 10 years in federal prison without parole, the maximum penalty for violating the federal statute.
Brandwein was found guilty of being a felon in possession of firearms on Aug. 14, 2013. Evidence introduced during the trial indicated that Brandwein was in possession of six firearms – a Marlin .22 magnum caliber rifle, a Harrington and Richardson .223-caliber rifle, a Weatherby .300 SBY Mag. rifle, a New England Firearms 10-gauge shotgun, a Rossi .30-06 Springfield rifle and a Harrington and Richardson .410 shotgun – on Jan. 8, 2011.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brandwein has three prior felony convictions for possession of a controlled substance and prior felony convictions for attempting to manufacture a controlled substance, possession of a precursor drug with the intent to manufacture methamphetamine, unlawful possession of a concealable firearm and the distribution, delivery, sale or manufacture of a controlled substance.
His wife, Debra Louise Brandwein, 55, was sentenced to 21 months in federal prison without parole. Debra Brandwein pleaded guilty on Aug. 9, 2013, to tampering with evidence. She admitted that she cleaned two jars that contained methamphetamine in order to protect her husband from prosecution.
Law enforcement officers were dispatched to the Brandwein’s residence on Jan. 8, 2011, when a large barn on the property caught on fire. Officers knocked on the door but received no response. After they used the keys from a truck parked near the barn to enter the house, Andrew Brandwein came out of the back bedroom, and appeared disoriented and confused. Debra Brandwein arrived at the residence a short time later. While in the residence, officers found five firearms sitting on the floor next to a television stand. There was also a loaded Harrington and Richardson .223 rifle lying on the ground next to the truck near the barn.
Andrew Brandwein was arrested; officers found several .223 shells and $2,458 in his pants pockets.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn and Special Assistant U.S. Attorney Steven Berry. It was investigated by the Cole County, Mo., Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Osage Fire Protection District, MUSTANG (the Mid-Missouri Unified Strike Team And Narcotics Group) and the Missouri State Highway Patrol.
Hogsett Announceswarrick County Woman Sentenced for Bank FraudRead the Press Release
Bookkeeper sentenced to 21 months after stealing nearly $150,000 from local business
INDIANAPOLIS – The United States Attorney, Joseph H. Hogsett, announced today that Cindy L. McDaniel, age 42, of Boonville, was sentenced to 21 months in federal prison by U.S. District Judge Richard L. Young following her guilty plea to bank fraud and filing false tax returns. The suspected embezzlement was reported to law enforcement and investigated by the United States Secret Service and the Internal Revenue Service’s Criminal Investigation Division.
“When those in positions of trust cheat on their taxes, it affects all Hoosiers,” said Hogsett. “We take these crimes seriously and have made them a priority in this office.”
“All Americans have a duty to pay their fair share,” IRS Criminal Investigation Special Agent in Charge, James Lee stated. “The prosecution of Ms. McDaniel and others who conceal income and evade taxes is a vital element in maintaining the confidence in our tax system.”
McDaniel pleaded guilty to the offense immediately before sentencing. At the time of her guilty plea, McDaniel admitted that between June 1, 2009, and July 4, 2011, she was employed as a bookkeeper and office manager for Concrete Pavers, Inc. She used unique user names and passwords to access the company’s bank account, she then deposited the money into her personal checking account and that of her husband. As a result of her actions, approximately $149,000 earmarked for the purpose of paying employee’s withholding tax was never properly deposited or claimed on her individual tax returns.
According to Assistant U.S. Attorney Todd S. Shellenbarger, who prosecuted the case for the government, Judge Young ordered McDaniel to serve a period of four years of supervised release after release from imprisonment. Judge Young also ordered McDaniel to pay restitution in the amount of $149,000 to Concrete Pavers and $29,033 to the Internal Revenue Service. ###