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Monday 16 December 2013
Fort Pierce Man Pleads Guilty to Firearms and Drug Trafficking ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announce that defendant Samuel George Brown, 49, of Fort Pierce, pled guilty today to charges of possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c); and possessing a firearm with an altered or obliterated serial number, in violation of Title 18, United States Code, Section 922(k).
Sentencing is scheduled for March 6, 2014 before U.S. District Judge Donald Graham in Fort Pierce, Florida. At sentencing, Brown faces a possible maximum statutory sentence of up to five years in prison, on the charge of possessing a firearm with an altered or obliterated serial number; to be followed by a mandatory minimum five years consecutive sentence for the charge of possessing a firearm in furtherance of a drug trafficking crime.
According to statements made in open court and documents filed in the case, Brown was a dealer selling marijuana from his house in Fort Pierce. Following two separate drug sales by Brown to confidential informants working with local law enforcement, on June 8, 2013, officers obtained and executed a search warrant for Brown’s home. On arrival, the officers found on the kitchen counter, alongside marijuana, packaging material, and electronic scales for measuring drug sales, and a loaded Hi-Point .380 caliber handgun. The serial number on the .380 caliber handgun had been obliterated. In a post arrest interview, Brown admitted to keeping the handgun for his personal protection as part of his drug sales business.
Mr. Ferrer commended the investigative efforts of ATF and the St. Lucie County Sheriff’s Office, together with the Fort Pierce Police Department. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
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.
Former South Plainfield, N.J., Police Captain Pleads Guilty to Sexually Exploiting A MinorRead the Press Release
TRENTON, N.J. – A former South Plainfield, N.J., police captain admitted today to exploiting a minor girl by enticing her to live-stream sexually explicit acts via the Internet in exchange for payment, U.S. Attorney Paul J. Fishman announced.
Michael Grennier, 51, of South Plainfield, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with one count of production of child pornography. Grennier was charged by complaint on Feb. 19, 2013, and has been in custody since that date.
According to documents and evidence in this case and statements made in court:
On Feb. 14, 2013, Grennier enticed a girl to perform sexually explicit acts and stream images of herself over the Internet while he watched remotely from his home computer. During the webcam session, Grennier exchanged text messages with the minor in which he directed her actions. Grennier admitted during his guilty plea proceeding that he promised to buy his victim clothing in exchange for her performance.
At the time of his arrest, Grennier was working for a private computer forensics firm. Prior to his retirement, he was a computer forensics specialist for the South Plainfield Police Department.
The production count carries a maximum potential penalty of 30 years in prison and a $250,000 fine. The mandatory minimum sentence for this offense is 15 years in prison. Sentencing is currently scheduled for March 27, 2014.
U.S. Attorney Fishman credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation leading to today’s plea. He also thanked the South Plainfield Police Department, under the direction of Chief of Police James Parker, and the Middlesex County Prosecutor’s Office, under the direction of Acting Prosecutor Andrew Carey, for their assistance with the investigation.
The government is represented by Assistant U.S. Attorney Harvey Bartle, Attorney-in-Charge of the U.S. Attorney’s Office in Trenton.
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Defense counsel: Frank Arleo Esq., West Orange, N.J.
Grennier Information
Former El Paso ISD Trustee Salvador "Sal" Mena Sentenced to Federal Prison in El Paso Corruption CaseRead the Press Release
In El Paso this morning, former El Paso Independent School District Trustee Salvador “Sal” Mena was sentenced to three years in federal prison for accepting more than $176,000 in cash bribes in exchange for his vote and official influence announced United States Attorney Robert Pitman and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division.
In addition to the prison term, United States District Judge Frank Montalvo ordered that Mena forfeit to the federal government $176,455 and be placed under supervised release for a period of three years after completing his prison term. Mena was remanded into federal custody following today’s hearing.
Previously, Mena pleaded guilty to conspiracy to commit mail and wire fraud, and deprivation of honest services. By pleading guilty, Mena admitted that he set up a sham consulting contract with an EPISD vendor whereby he received income, but provided no consulting services. Additionally, in exchange for his vote, support and influence for vendors, he instructed vendors seeking to do business with EPISD to make contributions to his election and re-election campaigns.
This morning, Judge Montalvo also sentenced former El Paso resident Christopher Chol-Su Pak, to three years of probation and ordered him to pay a $20,000 fine for helping former El Paso businessman Roberto “Bobby” Ruiz in carrying out his bribery scheme which focused on a $40 million El Paso County debt refinancing contract. Earlier this month, Ruiz received a two-year federal prison term and a $175,000 fine for his role in the scheme.
In sentencing Pak to a term of probation, Judge Montalvo took into consideration the Government’s recommendation regarding Pak’s sentencing based on Pak’s expeditious cooperation with the Government and minimal benefit as a result of the corrupt conduct.
“Today’s sentencing of Mr. Mena and Mr. Pak demonstrates the FBI’s unwavering commitment to target those individuals involved in public corruption in the El Paso community. Entrusted to serve the citizens of El Paso, Mena and Pak instead used their influence to promote their own personal interest,” stated FBI Special Agent in Charge Douglas E. Lindquist.
This FBI investigation has resulted in 39 federal convictions -- 36 individuals who entered guilty pleas and three individuals who were convicted by juries.
Assistant United States Attorneys Debra Kanof and Jose Luis Gonzalez prosecuted this case on behalf of the Government.
Former Contractor of a Florida Property Management Company <br /> Sentenced to Serve Time in Prison for Wire FraudRead the Press Release
A former repair contractor of a Florida property management company was sentenced to serve time in prison for his participation in a wire fraud scheme related to housing repairs made under a contract between Ocwen Loan Servicing LLC, and the U.S. Department of Veterans Affairs (VA), the Department of Justice announced today.Ronald B. Hurst was sentenced by Judge Philip G. Reinhard of the U.S. District Court for the Northern District of Illinois in Rockford to serve 24 months in prison for his role in the conspiracy.
In addition, a second former repair contractor, Bryant A. Carbonell, was sentenced by Judge Reinhard to serve six months of home confinement for his role in the conspiracy. Hurst and Carbonell were sentenced to pay $147,825 jointly and severally in restitution to the VA. Hurst pleaded guilty on Feb. 15, 2013, to two wire fraud counts of a 10-count indictment and Carbonell pleaded guilty on Sept. 21, 2012, to the same charges.An indictment, originally filed in January 2012, charged Hurst, Carbonell and Ryan J. Piana with conspiring to commit bribery and wire fraud from at least January 2006 until as late as September 2007. Hurst, Carbonell and Piana were also charged with bribery and wire fraud. As part of the plea agreements, the United States agreed to dismiss the remaining counts against Hurst and Carbonell at the time of their sentencing.
“By paying kickbacks in exchange for contracts to companies they secretly owned or with which they were affiliated, the conspirators created the illusion of competition while illegally steering contracts to themselves,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Today’s sentencing reaffirms the Antitrust Division’s commitment to prosecuting schemes that undermine competition in the VA Mortgage Guarantee Program.”
Hurst and Carbonell were former contractors for West Palm Beach, Fla.-based Ocwen Loan Servicing LLC. Piana was a former residential sales manager at Ocwen. According to court documents, Ocwen managed foreclosed properties under contract with the VA, which guaranteed qualifying residential mortgages for veterans. Under the contract between the VA and Ocwen, if a veteran defaulted, Ocwen completed necessary repairs and re-sold the property. Proceeds from the re-sale of VA-acquired properties directly benefit the VA by reducing the cost of guaranteeing residential mortgages to veterans.
According to the charges, Hurst and Carbonell paid Piana to steer housing repair work to companies affiliated with Hurst and Carbonell. Piana recruited other Ocwen employees into the scheme and paid them on behalf of himself and the other conspirators. The department said in order to execute the scheme, the conspirators sent, or caused to be sent, various transmissions via wire communication.This is the third case involving properties managed by Ocwen under contract with the VA. On Dec. 3, 2010, Benjamin K. Graves, also a former Ocwen employee, pleaded guilty in U.S. District Court in Orlando, Fla., to wire fraud in connection with the VA contract. On Jan. 25, 2012, Joshua R. Nusbaum, another former Ocwen employee, and Andrew J. Nusbaum, a former Ocwen contractor, pleaded guilty in U.S. District Court in Orlando, Fla., to wire fraud in connection with the same VA contract. Piana pleaded guilty to the same counts as Carbonell and Hurst on July 16, 2013, in U.S. District Court in Orlando, Fla. Piana was sentenced on Sept. 30, 2013, to serve 24 months in prison and to pay $147,285 in restitution to the VA.
The sentence announced today resulted from a federal investigation of housing repair contracts performed under contract with the VA. The investigation is being conducted by the Antitrust Division’s Chicago Office and the Central Field Office of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, located in Hines, Ill. Anyone with information concerning suspicious activity relating to housing repairs performed under a contract with the VA should contact the Antitrust Division s Chicago Office at 312-353-7530 or visit www.justice.gov/atr/contact/newcase.htm.
Former Clarkston Councilwoman Pleads Guilty to Embezzlement SchemeRead the Press Release
ATLANTA – Former Clarkston City Councilwoman Joan Swaney has pleaded guilty to embezzling over $60,000 from a local community center.
“As a Clarkston councilwoman, Swaney’s personal motto was ‘live with purpose, act with integrity,’” said United States Attorney Sally Quillian Yates. “Unfortunately, she failed to live up to these ideals when she stole tens of thousands of dollars from the Clarkston Community Center.”
According to United States Attorney Yates, the charges and other information presented in court: The Clarkston Community Center (CCC) was established in 1994 in the former Clarkston High School and serves a diverse community in the Clarkston area. The CCC includes classrooms and an auditorium as well as activity fields for sports and other outdoor events. The CCC focuses on educational and recreational activities in the Clarkston area. Swaney was employed by the CCC from November 2003 until December 2012. During this time, Swaney was its office manager. Her responsibilities included bookkeeping and other administrative tasks.
In 2010, Joan Swaney, 67, of Clarkston, Ga., was elected to serve on the City Council in Clarkston. She also served as Clarkston's Vice Mayor during her tenure. Swaney resigned her position in October 2013 after she was indicted by a federal grand jury in this case.
As part of her normal duties, Swaney regularly received reimbursements for supplies she purchased on behalf of the CCC. Normally, receipts for expenses incurred and a purchase authorization form for CCC expenses were maintained for each transaction in order to document expenses. In 2010, Swaney began to write checks to herself from the CCC's bank account at BB&T. Between 2010 and 2012, she made the checks payable directly to herself and forged the signature of the CCC's Director. The checks were written without the authorization of the CCC's Director who managed the day-to-day affairs of the CCC.
Swaney deposited the forged checks into her personal account and used the CCC's funds to pay personal expenses and her personal credit card bills. During this period, she used CCC funds to pay for a variety of personal expenses including:
- Charges totaling $1,424 in June 2010 for a family vacation;
- Charges totaling approximately $3,000 in September 2010 for personal vehicle repairs; and
- Charges totaling $1,590 in June 2011 for a charter boat rental.
Swaney varied the check amounts and made fictitious entries in the memo lines of the checks in order to make it appear the funds had been spent on expenses relating to the CCC's operations. At the same time, she also used the CCC debit card to withdraw cash from the CCC's BB&T bank account, generally withdrawing between $300 and $600 at a time. Swaney made cash withdrawals using the debit card at least once or twice a month. The loss to the CCC exceeded $60,000.
The charges in this case carry a maximum sentence of 30 years in prison and a fine of up to $1,000,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Swaney’s sentencing is scheduled for March 6th, 2014, at 10:00 a.m.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Kurt Erskine is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Former Big Spring, Texas, Man Sentenced to Six Years in Federal Prison for E-Mailing Obscene Video to Undercover Law Enforcement OfficerRead the Press Release
Defendant Believed He Was Sending Video to a 15-Year-Old Girl
LUBBOCK, Texas — Paul Harvilicz, 62, of Copperas Cove, Texas, was sentenced on Friday, by U.S. District Judge Sam R. Cummings, to six years in federal prison following his guilty plea in August 2013 to a superseding indictment charging one count of attempted transfer of obscene material to a minor. Harvilicz has been in custody since he was arrested in Waco, Texas, on March 27, 2013, on related charges. U.S. Attorney Sarah R. Saldaña, of the Northern District of Texas, announced today.
According to the factual resume filed in the case, from May 29, 2011, through mid-October 2011, while living in Big Spring, Texas, Harvilicz engaged in a series of communications using Yahoo! messaging and email with a person he believed to be a 15-year-old girl, who represented that she lived in Kentucky. In fact, Harvilicz was actually communicating with a law enforcement officer in Kentucky. On June 28, 2011, Harvilicz emailed this person an obscene video file, depicting an adult male and female engaged in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Kenton County Police Department, Kenton County, Kentucky. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Florida Investment Fund Manager Sentenced in Manhattan Federal Court to Six Years in Prison for $13 Million Securities Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that CRAIG L. BERKMAN was sentenced today in Manhattan federal court to six years in prison for securities fraud and wire fraud in connection with a more than $13 million scheme to defraud investors through false ownership claims of stock in Facebook, Inc. (“Facebook”); Groupon, Inc. (“Groupon”); LinkedIn, Inc. (“LinkedIn”); and Zynga, Inc. (“Zynga”) before their respective initial public offerings, and in other private companies. In addition to the prison sentence, BERKMAN was ordered to forfeit to the United States $13,239,006, representing the proceeds of the fraud. BERKMAN pled guilty on June 25, 2013, and was sentenced today by U.S. District Judge Shira A. Scheindlin.
Manhattan U.S. Attorney Preet Bharara stated: “For several years Craig Berkman repeatedly lured investors with the false promise of benefiting from his companies’ ownership of pre-IPO stock all the while draining their money into his own pockets in a fraud that was part Ponzi scheme and part plain old theft. He is now paying a heavy price for his lies, forfeiting both his liberty and his money, and today’s sentence is a just and fitting conclusion to the multimillion-dollar fraud he perpetrated.”
According to the charging instruments in this case and statements made in open court today at the plea proceeding:
From 2010 until his arrest in March 2013, BERKMAN served as the managing member of a series of limited liability companies, which he effectively controlled, including Face-Off Acquisitions, LLC; Assensus Capital, LLC; and several LLCs with variations of the words “Ventures Trust” in their names (the “Ventures Trust LLCs”). Beginning in about October 2010, BERKMAN and others offered investors the opportunity to purchase units of each of these LLCs. In doing so, BERKMAN misrepresented to investors that the LLCs either owned or would soon acquire pre-initial public offering shares in various technology companies, including Facebook, Groupon, LinkedIn, and Zynga. BERKMAN also misappropriated millions of dollars of investor funds for his own use and benefit.
The ways in which BERKMAN carried out his scheme varied with each of the LLCs. In one instance, BERKMAN represented to investors that various Ventures Trust LLCs held large quantities of pre-IPO shares of Facebook, Groupon, LinkedIn, and Zynga. In fact, the Ventures Trust LLCs held no shares of Groupon, LinkedIn, or Zynga, and held only a small, indirect interest in pre-IPO Facebook shares. In another example, BERKMAN falsely told investors with Face-Off Acquisitions, LLC, that their money would be used to purchase an existing special purpose vehicle, which already held a significant stake in Facebook. BERKMAN also misrepresented to Assensus Capital Investors, LLC, investors that he would use their money to fund various start-ups, including technology, medical device, and energy companies, and that the investors’ funds would be partially secured by interests in pre-IPO Facebook stock. In fact, BERKMAN misappropriated most, if not all, of the investors’ money for his own use and benefit.
Ultimately, BERKMAN raised at least approximately $13.2 million in funds from more than 120 different investors, which he used for various unauthorized purposes. BERKMAN used approximately $6 million in stolen investor funds to pay off creditors in his personal bankruptcy, and in doing so, he misrepresented the source of those funds to the Bankruptcy Court. BERKMAN also used approximately $4.8 million of new investor money to pay off earlier investors, and spent approximately $1.6 million on legal fees, travel, other personal expenses, and in cash withdrawals, among other things.
BERKMAN, 71, of Odessa, Florida, was also sentenced to three years of supervised release and ordered to pay a mandatory $200 special assessment. Restitution will be determined at a later date.
Mr. Bharara praised the work of the Criminal Investigators of the U.S. Attorney’s Office and the United States Postal Inspection Service, which jointly investigated this case. He also thanked the U.S. Securities and Exchange Commission.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. 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.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys John J. O’Donnell and Matthew L. Schwartz are in charge of the prosecution.
Federal Jury Convicts Greeneville Oncologist and Practice Manager of Violating Food, Drug and Cosmetic ActRead the Press Release
Cancer Clinic Purchased Unapproved Drugs For Three Years
GREENEVILLE, Tenn. - Following a six day trial in U.S. District Court, Greeneville, Tenn. a jury convicted Anindya Kumar Sen, M.D., 65, and his wife and practice manager Patricia Posey Sen, 66, of Greeneville, Tenn., of causing the introduction of misbranded drugs into interstate commerce in violation of the Food, Drug and Cosmetic Act.
Sentencing is set for 1:30 p.m. on Apr. 30, 2014 in U.S. District Court in Greeneville. Both face a possible sentence of up to 29 years in prison and up to $2.9 million in fines.
According to evidence presented at trial, the Sens’ medical practice, East Tennessee Hematology Oncology and Internal Medicine (ETHOIM), also known as East Tennessee Cancer and Blood Center, purchased over $3 million in misbranded and unapproved chemotherapy and chemotherapy supportive medications between April 2009 and March 2012. Patricia Sen purchased the drugs through a Canadian business which obtained the drugs through a United Kingdom distributor. The drugs were not approved by the Food and Drug Administration (FDA) for distribution and use in the United States, the drugs having been distributed in Turkey, India, and Europe. Many of the drugs bore names different from the drugs approved for use in the United States, such as Altuzan, MabThera, and Bonviva. Patricia Sen told employees that she was purchasing drugs from Clinical Care because the drugs were cheaper, and records confirmed that the drugs from Clinical Care cost from eighty percent to half the cost of the FDA approved drugs. Because reimbursement by health care benefit programs such as Medicare is fixed at a percentage of the national average sale price of the drug (106% for Medicare), a provider can increase his profits by purchasing cheaper unapproved drugs.
The Food, Drug and Cosmetic Act (FDCA) establishes a “closed” system to protect the safety and efficacy of drugs used in the United States, particularly prescription drugs. Domestic and foreign drug manufacturers must register with the FDA and must list with the FDA all drugs which the manufacturer intends to distribute in the United States. Drugs go through an extensive review process before being approved for distribution to assure that they are safe and effective for their intended use. Drug manufacturers are also subject to inspection of their facilities by the FDA to insure that the drugs are manufactured properly. The FDCA’s labeling requirements insure that users, particularly health care providers, have adequate information on the use of the drug, to include information on dangers and side effects. Foreign drugs not approved for use in the United States do not have on their labels and packaging the required information. The listing of FDA-approved drugs allows the FDA to quickly track drugs which may have been found to be contaminated or have some other safety risk. Purchasing unapproved drugs impedes the FDA’s ability to track the drugs being used in the United States and thwarts the approval process designed to insure that drugs used in the United States are safe and effective.
Genentech, the U.S. manufacturer of the FDA-approved bevacizumab drug product Avastin®, alerted health care providers in February 2012, that counterfeit versions of the drug had been found in the United States. A nurse at ETHOIM testified that the bevacizumab drug product at the practice, a foreign product labeled Altuzan®, bore the same lot numbers as the suspected counterfeit product. Rather than alert the FDA, Patricia Sen had the drugs mailed back to the United Kingdom on Mar. 8, 2012, the day after news reports aired concerning the FDA’s execution of a search warrant at McLeod Cancer and Blood Center in Johnson City, Tennessee.
Law enforcement agencies participating in the joint investigation which led to indictment and subsequent convictions of the Sens included the Federal Drug Administration Office of Criminal Investigation, Federal Bureau of Investigation, and Tennessee Bureau of Investigation. Assistant U.S. Attorney Neil Smith and Special Assistant U.S. Attorney Ben Cunningham represented the United States at trial.
Federal Judge Sentences Somerset County Kidnapper to 14 Years in PrisonRead the Press Release
JOHNSTOWN, Pa. - A resident of Windber, Pa., has been sentenced in federal court to 168 months in prison, five years supervised release, and ordered to pay restitution to the victim, on his conviction of kidnapping, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Lawrence R. Horner, III, 37.
According to information presented to the court, on July 9, 2011, Horner kidnaped a person whose identity is known and referred to as "L.N.," and did willfully travel and transport L.N. in interstate commerce in commission of the kidnaping offense.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Richland Township Police Department and the Laurel Highlands Resident Agency of the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Horner.
Federal Grand Jury in Fort Wayne Returns IndictmentsRead the Press Release
Hammond South Bend Fort Wayne
Fort Wayne, Indiana - The United States Attorney's Office announced that a Grand Jury sitting in Fort Wayne, Indiana, returned the following Indictments on December 16, 2013:
Brandon S. Keister, 21, of Russell, Kentucky, is charged in a single count Indictment with stealing a firearm from a Federal Firearms License person on or about September 10, 2012. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Steuben County Sheriff’s Department and the Kendallville Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Tina L. Nommay.
Stephen M. Long, 28, of Auburn, Indiana, is charged in a single count Indictment with bank robbery on or about November 18, 2013. This investigation is being conducted by the FBI Northeast Indiana Federal Bank Robbery Task Force (NEIFBRTF), with assistance from the Anderson Police Department and the Madison County Sheriff’s Department. The NEIFBRTF is comprised of FBI agents, and personnel from the Indiana State Police, Allen County Police Department, Fort Wayne Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
Charles R. Seals, 23, of Fort Wayne, Indiana, Calvin L. Miller, 22, of Indianapolis, Indiana, and Brandon D. Sizemore, 24, of Fort Wayne, Indiana were all charged in a four count Indictment respectively with armed bank robbery (all defendants), use of a firearm during and in relation to a crime of violence (Seals (in two counts) and Miller), assault of a United States government employee (Seals and Miller), all occurring on or about December 5, 2013. This investigation is being conducted by the FBI Northeast Indiana Federal Bank Robbery Task Force (NEIFBRTF) and the United States Postal Inspection Service. The NEIFBRTF is comprised of FBI agents, and personnel from the Indiana State Police, Allen County Police Department, Fort Wayne Police Department, and the Bureau of Alcohol, Tobacco, Firearms and
Explosives and the Fort Wayne Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorney Anthony W. Geller.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.East St. Louis Man Pleads Guilty to Firearm OffenseRead the Press Release
On December 13, 2013, Dwayne R. Ramsey, a 33-year old East St. Louis, Illinois, man pled guilty in United States Federal District Court, in East St. Louis, to unlawful possession of a firearm by a previously convicted felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Ramsey is scheduled for sentencing on March 28, 2014, at which at which time he faces a maximum potential sentence of 10 years’ in prison and a fine of up to $250,000, not more than 3 years’ of supervised release after his prison term, and a mandatory special assessment of $100.
Court proceedings revealed that on July 28, 2013, a St. Clair County deputy observed Ramsey lying unconscious next to a pay phone at Emerson Park Metro Station. Ramsey was believed to be intoxicated, due to his speech pattern and the strong odor coming from his breath. A background check on Ramsey indicated an active warrant. He was placed under arrest and searched, where a firearm was recovered on him. Prior to July 28, 2013, Ramsey had been convicted of a crime that was punishable by a term of imprisonment of more than one year.
This case was investigated the St. Clair County Sheriff’s Department and is being prosecuted by Special Assistant United States Attorney Neal C. Hong.
\East Haven Police Officer Sentenced to Prison for Obstructing Justice to Cover up Civil Rights ViolationsRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and George Venizelos, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation, announced that former East Haven Police officer JASON ZULLO, 35, was sentenced today by United States District Judge Alvin W. Thompson in Hartford to 24 months of imprisonment, followed by one year of supervised release. ZULLO also was ordered to perform 50 hours of community service.
According to court documents and statements made in court, this matter stems from a criminal investigation into members of the East Haven Police Department use of excessive force during arrests, unconstitutional searches and seizures, and the filing of false police reports. As a result of the investigation, ZULLO, Sergeant John Miller and Officers Dennis Spaulding and David Cari were charged with various civil rights offenses.
On October 23, 2012, ZULLO pleaded guilty to one count of obstruction of justice, and admitted that on October 18, 2008, he struck a motorcycle with his police car at least three times during a chase, ultimately causing the motorcycle to crash and throwing the male driver and female passenger to the ground. Both victims suffered injuries. Following the incident, in order to obstruct any potential investigation of his use of excessive force, ZULLO prepared and filed a false police report that failed to mention that he struck the motorcycle during the chase.
“This defendant attempted to cover up his misconduct and obstruct a civil rights investigation by filing a false police report,” said U.S. Attorney Daly. “His report failed to disclose that he had injured two civilians when he used his patrol car to repeatedly strike the motorcycle they were riding. The evidence obtained during this long-term investigation also revealed other examples of this officer’s abuse of his police powers. This prosecution and the resulting significant prison term demonstrate that criminal conduct by law enforcement officers will not be tolerated.”
“Maintaining the public’s trust in elected officials and particularly law enforcement is of the utmost importance,” said FBI Assistant Director-in-Charge Venizelos. “It is our hope that today’s developments bring us closer to renewing confidence and respect for those, particularly in East Haven, who enforce the law.”
On September 21, 2012, Miller pleaded guilty to one count of violating an individual's civil rights by using unreasonable and excessive force during the course of an arrest. On October 21, 2013, after a month-long trial, Spaulding and Cari were found guilty of conspiracy and various other charges related to their violating the civil rights of members of the East Haven community.
Miller, Cari and Spaulding await sentencing.
This matter has been investigated by the Civil Rights Squad of the FBI’s New York Field Office. The case is being prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Delaware Woman Pleads Guilty to $349,000 EmbezzlementRead the Press Release
WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that Kimberly Y. Drummond, age 47, of Middletown, Delaware, pled guilty to one count of embezzlement from a federally insured financial institution. Drummond, who will be sentenced on April 3, 2014, by the Honorable Leonard P. Stark, United States District Judge for the District of Delaware, faces a maximum sentence of thirty years in prison, a fine of $1,000,000, and 6 years of supervised release following her prison sentence.
According to statements made at the plea hearing on December 12, 2013, and documents filed in court, Drummond was employed by Discover Financial Services, in New Castle, Delaware, for nearly 20 years. In or around November 2008, Drummond began falsifying entries in Discover’s books and records, resulting in the issuance of duplicate checks from Discover Bank. Drummond deposited the checks into her personal bank accounts and she used the checks to pay her mortgage lender. Drummond embezzled more than $349,000 from Discover from November 2008 through August 2012.U.S. Attorney Oberly lamented, “Yet another breach of trust by someone entrusted to protect financial resources. These cases will be vigorously prosecuted by this office and appropriate punishments will be sought.”
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Lauren Paxton.
Corpus Christi Man Sentenced for Possession of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – Rex D. McBride, 44, has been ordered to prison for possession of child pornography, announced United States Attorney Kenneth Magidson. McBride pleaded guilty Sept. 18, 2013.
Today, Senior U.S. District Judge John D. Rainey considered the seriousness of the crime and sentenced McBride to a total of 63 months in federal prison to be followed by 10 years of supervised release
On Nov. 12, 2012, Corpus Christi Police Department – Internet Crimes Against Children (CCPD-ICAC) detectives were conducting an undercover investigation into persons trading child pornography on the Gnutella network. At that time, detectives identified an online user, later identified as McBride, who was offering child pornography for distribution. On three occasions in late 2012, detectives successfully downloaded child pornography from McBride.
On March 20, 2013, a search warrant was executed, during which McBride admitted to downloading and viewing child pornography on the Internet through file sharing software. A forensic evaluation of McBride’s computer led to the discovery of nearly 1500 images of child pornography.
Homeland Security Investigations and CCPD-ICAC investigated.
This case, prosecuted by Assistant United States Attorney Lance Duke, 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 visitwww.usdoj.gov/psc. For more information about internet safety education, please visitwww.usdoj.gov/psc and click on the tab "resources."Connecticut School Teacher Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RICHARD DOYLE, 64, of Litchfield, waived his right to indictment and pleaded guilty today before U.S. Magistrate Judge Thomas P. Smith in Hartford to one count of receipt and distribution of child pornography. At the time of his arrest in December 2012, DOYLE was employed as a teacher at a private school in Connecticut.
“This defendant received thousands of images portraying the sexual abuse of children,” stated U.S. Attorney Daly. “The fact that this heinous crime was committed by a teacher, whose profession is committed to the well-being of children, makes it especially disturbing. I commend the FBI and the Connecticut Child Exploitation Task Force for investigating this matter, and the work they do every day to investigate these crimes and protect children.”
According to court documents and statements made in court, in late October 2012, a law enforcement agent logged into a publicly available Internet file sharing program and downloaded images of child pornography from shared directories maintained by DOYLE. On December 4, 2012, the FBI executed a search warrant at DOYLE’s Litchfield residence. DOYLE was arrested after he admitted that, for at least two years, he had used the identified peer-to-peer program to obtain and trade child pornography with other individuals over the Internet. DOYLE further admitted that he had been viewing child pornography since the 1970’s, had used other computer programs to trade child pornography, and had purchased magazines containing child pornography.
DOYLE indicated that he had thousands of child pornography images in his collection, with some of boys as young as five, six or seven years old. He directed the FBI to a plastic container hidden under his workbench in the basement of his home, and indicated that the thumb drives in that container comprised his collection of child pornography, with the exception of some magazines that were still in the attic.
DOYLE stated that he only used his home computer system to download and view child pornography and never used his computer at the school where he was employed.
Pursuant to the search warrant, law enforcement seized a desktop computer and seven thumb drives. Examination of the computer and thumb drives revealed in excess of 4,000 image files and approximately six video files of child pornography.
DOYLE is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on March 10, 2014, at which time he faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years.
This case is being investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies, including the New Haven Police Department. The Connecticut State Police has assisted the investigation. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Connecticut Correction Officer Who Attempted to Smuggle Drugs into Prison Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ARCOLAIN FOUNTAIN, 47, of Hamden, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to three years of probation for attempting to smuggle oxycodone into the prison where he was employed. FOUNTAIN was also ordered to perform 300 hours of community service.
According to court documents and statements made in court, FOUNTAIN was a correction officer at Cheshire Correctional Institution in Cheshire. On July 17, 2012, FOUNTAIN met with an undercover officer with the Statewide Narcotics Task Force at a commuter lot off Interstate 84 in Southington to accept what he believed were 90 oxycodone pills. FOUNTAIN was planning to smuggle the oxycodone pills into the Cheshire Correctional Institute and deliver them to an inmate housed there. During the meeting with the undercover officer, FOUNTAIN also accepted $450 in cash and a quantity of Ecstasy pills as payment for delivering the oxycodone to the inmate. FOUNTAIN was arrested at that time.
On December 18, 2012, FOUNTAIN waived his right to indictment and pleaded guilty to one count of attempting to possess with the intent to distribute a controlled substance.
This matter was investigated by the Statewide Narcotics Task Force, the Connecticut Department of Correction and the Cheshire Police Department, with the assistance of the Federal Bureau of Investigation. The case was prosecuted by Special Assistant U.S. Attorney Michael W. Ahearn.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Columbia Man Indicted for Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Columbia, Mo., man has been indicted by a federal grand jury for illegally possessing a firearm.
Channing Tyler Williams, 20, of Columbia, was charged in a three-count indictment returned by a federal grand jury in Jefferson City, Mo., on Wednesday, Dec. 11, 2013.
The federal indictment alleges that Williams was in possession of a Ruger .45-caliber semi-automatic pistol on Nov. 21, 2013. Williams, who has a prior felony conviction for unlawful use of a weapon, was charged with being a felon in possession of a firearm. Williams was also charged with being an unlawful user of a controlled substance in possession of a firearm, and with possessing a stolen firearm.
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 Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Boone County, Mo., Sheriff’s Department and the Columbia, Mo., Police Department.Citizen of Honduras Sentenced to 38 Months in Prison for Illegally Reentering U.S. After DeportationRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARIO MEJIA, 38, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 38 months of imprisonment for illegally reentering the U.S. after he was deported.
According to court documents and statements made in court, MEJIA, a citizen of Honduras last residing in Stamford, has never held legal status in the U.S. In April 2003, he was convicted in Connecticut Superior Court of first degree assault, a conviction that stemmed from an incident that took place outside a restaurant in Stamford in July 2002, when MEJIA struck a victim in the head with what witnesses identified as a rock, causing a skull fracture, internal bleeding and other injuries. After serving more than three years in prison, he was deported to Honduras in October 2006. MEJIA illegally reentered the U.S. in approximately 2009.
MEJIA has been detained since March 6, 2013, when he was arrested by Stamford Police on a larceny charge. He has been detained since his arrest. On July 24, 2013, he pleaded guilty to one count of illegal reentry of a removed alien.
This matter was investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Chili Man Sentenced on Child Exploitation ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul announced today that Michael Covello, 43, of Chili, N.Y., who was convicted of the sexual exploitation of children, was sentenced to 15 years in prison and 15 years of supervised release, by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant distributed child pornography, via a peer-to-peer file sharing network, to an undercover FBI agent in May and June 2012. Thereafter, FBI agents executed a search warrant at the Covello’s home in Chili, where they recovered items of digital media. The items seized contained images of children, many of whom were under the age of 12, engaged in sexually explicit conduct, and many of which depicted acts of violence.
The defendant was previously convicted of sexual abuse, 1st degree in Monroe County.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Ceo Sentenced to 30 Months in $2.5 Million Securities Fraud Involving Florida Software CompanyRead the Press Release
San Diego, CA - United States Attorney Laura E. Duffy announced that John G. Rizzo, the CEO of iTrackr Systems, was sentenced to 30 months in prison by U.S. District Judge Larry Alan Burns for illegally manipulating the stock market in connection with millions of shares of his Florida-based company. Judge Burns also sentenced Rizzo to pay restitution to the victims in the amount of $2,669,353.
As set forth in his Plea Agreement, in early 2006, Rizzo agreed to raise money for a Florida software company called iTrackr, which developed software to track inventory of electronics, such as the Xbox or other gaming systems, at retail stores. Beginning in late 2008, Rizzo and his co-conspirators used the services of offshore “boiler rooms” to solicit investments for the company’s “penny stock.” Unknown to investors, the boiler rooms failed to disclose that only 20% of each investment would go to iTrackr, with the rest being paid to the boiler rooms as commission.
As part of that scheme, Rizzo used a shell company in the British Virgin Islands (“BVI”), and a bank account in Belize. Rizzo sold millions of shares of iTrackr stock through his BVI company in order to avoid U.S. securities registration requirements and disguise the fact that almost all the investor funds were being diverted to the boiler rooms. In addition, Rizzo used a complex array of different entities to conceal the fact that he was the one selling the shares, rather than the shares being sold by independent third party investors. One of the business entities used by Rizzo to transfer funds in furtherance of the scheme was located in San Diego.
During 2009 alone, approximately 120 victims in the United Kingdom invested a total of approximately $2.5 million in iTrackr through Rizzo’s scheme.
Also sentenced today in a related case was Maureen Marant, who worked as Rizzo’s administrative assistant at iTrackr. Marant pleaded guilty to conspiring with Rizzo to commit wire fraud. In her Plea Agreement, she admitted to posing as the director of a fictitious escrow company; and interacting with the victim investors by sending them stock purchase agreements, wiring instructions, and other paperwork. For her role in the scheme, Marant was sentenced to five years of probation, and ordered to pay restitution in the amount of $333,755.
On October 15, 2013, in another related case, Judge Burns imposed sentence on David Bahr, a Rancho Santa Fe consultant who conspired to fraudulently manipulate and artificially inflate iTrackr’s stock. In his Plea Agreement, Bahr admitted that he arranged for the sale to a broker of $2.5 million in shares of iTrackr, and agreed to pay that broker a secret kickback of $750,000. The purpose of the arrangement was to artificially inflate iTrackr stock as part of a “pump and dump” scheme. After pleading guilty to conspiring to commit securities fraud, Bahr was sentenced by Judge Burns to 18 months in prison, and ordered to pay a fine of $65,000.
United States Attorney Laura E. Duffy once again cautioned the public that they need to be vigilant against all forms of illegal stock manipulation, especially in the penny stock markets. Duffy praised the hard work of the agents from the Federal Bureau of Investigation and the Internal Revenue Service for their efforts, and the continuing support of the Securities and Exchange Commission for their expertise and guidance.
FBI Special Agent in Charge Daphne Hearn, commented, “Today's sentencing sends a clear message to those who would defraud the public through deceit and false claims. The FBI and our law enforcement partners will aggressively pursue you and stop you from lining your pockets at the expense of others.” The public can contact the FBI at telephone number (858) 320-1800, to report investment fraud scams and other criminal activity.
DEFENDANT Case No. 13-CR-2823-LAB John G. RizzoConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Wire Fraud. Sentenced to 30 months in prison; three years of supervised release; restitution of $2,669,353; special assessment of $100.
RELATED CASES Case No. 13-CR-2861-LAB Maureen Marant Age: 47 Lantana, FloridaConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Securities fraud. Sentenced to five years of probation; restitution of $333,755; special assessment of $100.
Case No. 13-CR-2198-LAB David Bahr Age: 54 Rancho Santa Fe, CaliforniaConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Securities fraud. Sentenced to 18 months in prison; three years of supervised release; fine of $65,000; special assessment of $100.
PARTICIPATING AGENCIESFederal Bureau of Investigation
Internal Revenue ServiceCambridge Pharmacy Robber IndictedRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Friday Russell John Thaxton, 48, of Morrisville, was presented in United States District Court for arraignment on an indictment charging him with pharmacy robbery. Thaxton entered a not guilty plea. United States Magistrate Judge John M. Conroy granted the government=s motion to detain Thaxton pending trial.
According to court records, on August 29, 2013, Vermont State Police (VSP) responded to a reported robbery at the Kinney Drug pharmacy in Cambridge. After obtaining statements from store employees and customers, VSP stopped a vehicle matching the description provided by the witnesses and arrested Russell John Thaxton, 48, and Jennifer Stancliff, 30, both of Morrisville, and Amanda Tetreault, 31, of Eden. Lamoille County State=s Attorney charged all three in state court. After further investigation by VSP and the Drug Enforcement Administration (DEA), on December 5, 2013, a federal grand jury indicted Thaxton for robbing the pharmacy of controlled substances valued at more than $500.
If convicted of the crime charged in the indictment, Thaxton faces a potential sentence of up to 20 years in prison. Any actual sentence will be determined by the sentencing court in accordance with the advisory federal sentencing guidelines and federal law. United States Attorney Tristram J. Coffin cautioned that Thaxton is presumed innocent until proven guilty in court.
U.S. Attorney Coffin commended the investigation by VSP and DEA, and thanked State=s Attorney Page for his cooperation. Thaxton is represented by the Office of the Federal Public Defender. The case is being prosecuted by Assistant U.S. Attorney Craig S. Nolan.
Burlington Man to Serve Fourteen Years in Prison for Cocaine Conspiracy and Money LaunderingRead the Press Release
The United States Attorney’s Office announced that on Monday, December 16, 2013, Ramell Holder, 36, of Burlington, Vermont, was sentenced to 168 months, or fourteen years, in prison by the Honorable William K. Sessions III. Holder had previously pleaded guilty to conspiracy to distribute 500 grams or more of cocaine and money laundering. Holder also agreed to forfeit to the government approximately $24,000, a 2004 Land Rover, and a parcel of land in Richford, Vermont.
According to court documents, Holder’s involvement in cocaine started in 1998 and in 2004, when he was involved with distributing drugs with his uncles, Clayton and Edward Sinclair. Clayton and Edward Sinclair were later convicted on federal drug conspiracy charges and sentenced to 151 months in prison. By 2010, the DEA had officially opened a case against Holder for his involvement in cocaine distribution. From November 2011 to February 2012, the DEA, using a confidential source, purchased 442.3 grams of cocaine from Holder at his residence on Calarco Court in Burlington. The DEA investigation later revealed that Holder had trafficked between 15 and 50 kilograms of cocaine to Vermont between 2007 to 2012. Holder also used violence during the offense in a dispute with one of his drug distributors over payment for cocaine.
The grand jury in Burlington returned an indictment against Holder and others in November 2012. Holder was initially released on personal recognizance but later detained after allegations surfaced that he committed fraud against the Home Depot while on release. At sentencing, Holder’s Guidelines were 262-327 months. The government asked the Court for a 20 year sentence and the Court imposed a sentence of 168 months (14 years). One important factor in the Court’s sentencing decision was that Holder had never served any time in jail before the instant offense.
The case was investigated by the DEA, HSI, Border Patrol, U.S. Marshals Service, the Vermont State Police, Burlington PD, South Burlington PD, Colchester PD, Essex PD, Milton PD and the DEA Financial Investigations Team. Assistant United States Attorney Wendy L. Fuller prosecuted the case.
Brothers Sentenced to Prison for Defrauding Churches, Non-Profit Organizations, and Small BusinessesRead the Press Release
WILMINGTON, Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that Barrett Staton, 36, of Nokomis, Florida and his brother, Matthew Staton, 37, of Perkiomenville, Pennsylvania, were sentenced on December 13, 2013, in federal court for defrauding numerous Pennsylvania and Florida-based churches, non-profit organizations, and small businesses. Barrett Staton was sentenced to 108 months in prison, five years supervised release, and ordered to pay $2,070,529.74 in restitution. Matthew Staton was sentenced to 60 months in prison, three years supervised release, and ordered to pay $1,967,926.10 in restitution. Following a thirteen-day jury trial in July 2012, the defendants were convicted of conspiracy to commit wire fraud, as well as various counts of wire and mail fraud. Barrett Staton was also convicted of making a false statement in a loan document. The defendants, led by Barrett Staton, operated businesses that supplied copy machines to churches, non-profit organizations, and other small businesses throughout Harrisburg, Lancaster, Montgomery, and Philadelphia counties in Pennsylvania, as well as in and around Sarasota, Florida.
The defendants engaged in a multifaceted scheme to defraud businesses and organizations by: (1) altering signed lease agreements to include additional copy machines or features that the customers did not order and never received, thus increasing the lump sum payment received from the financing companies; (2) enticing customers into agreeing to a new lease by offering to pay off any old copy machine leases and to provide free maintenance and service, and then failing to either pay off the customer’s old lease or to provide free maintenance or service; and (3) inducing existing customers to complete new leasing applications under the guise of “refinancing” the lease on existing copy machines, and then submitting the new leasing application to an entirely different leasing company, thereby collecting a second lump sum payment and obligating the customer to two separate lease payments on the same copy machine.The court found that there were over fifty institutional victims, mostly churches, non-profit organizations, and other small businesses, with losses exceeding $2 million. Evidence introduced at sentencing showed that the defendants operated a sophisticated scheme that employed sham companies, used fictitious names to conceal the defendants’ identities, and relocated the scheme from Pennsylvania to Florida to avoid law enforcement. In total, the defendants ran this fraudulent scheme for over seven years until law enforcement successfully ended their fraud.
U.S. Attorney Oberly congratulated both the FBI and Assistant United States Attorneys Jaime M. McCall and Mark M. Lee for the complex investigation and prosecution of this case, which took several years and the review of thousands of documents. The Staton brothers preyed upon vulnerable churches and non-profits, as well as small businesses in a particularly devious manner in an attempt to enrich themselves. Now both will have years in prison to contemplate their crimes.
The investigation was handled by the Federal Bureau of Investigation. The prosecution of the case was handled by Assistant United States Attorneys Jamie M. McCall and Mark M. Lee.Brant Lake Man Sentenced to One Year in Jail for Tax EvasionRead the Press Release
ALBANY, NEW YORK – STUART ALAN MEAD (61, of Brant Lake New York) was sentenced on December 12, 2013 by Senior United States District Court Judge Lawrence E. Kahn to 1 year of incarceration, 2 years of supervised release, 200 hours of community service, and a $5,000 fine for evading federal income tax announced United States Attorney Richard S. Hartunian and Toni M. Weirauch, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation, New York Field Office. MEAD was also ordered to pay $94,601 in restitution to the United States.
As MEAD admitted during his August 29, 2013 guilty plea, between April of 2006 and August of 2010, he attempted to conceal the nature and extent of his assets from the Internal Revenue Service by underreporting the amount of income he earned for rental property he owned in Brant Lake.
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation.
Bank Former Branch Manager in Garden City Sentenced for EmbezzlementRead the Press Release
WICHITA, KAN. A former branch manager at Landmark National Bank in Garden City, Kan., has been sentenced for embezzling more than $99,000 from the bank, U.S. Attorney Barry Grissom said today.
Sheri L. Green, 52, Garden City, Kan., was sentenced Monday to three years supervised release and ordered to pay $99,060 in restitution.
She pleaded guilty to one count of misapplication of bank funds by a bank employee. In her plea, she admitted that in December 2012 while she was employed as branch manager for Landmark National Bank in Garden City the bank discovered she had embezzled approximately $99,600 from the bank to cover her gambling losses. She took the money by shifting money between customer accounts. Several customers had noticed irregular entries in their bank statements and complained to Green. She corrected the withdrawals by shifting money from other accounts to the complaining customer’s accounts to cover her tracks.
Grissom commended the FBI and Assistant U.S. Attorney Barry Grissom for their work on the case.
Bahamian and Jamaican Nationals Charged with Marijuana ImportationRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Mark R. Trouville, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, announce the indictment of Quinton Jamal Mitchell, 31, from Sweeting’s Cay Settlement, Green Turtle Cay, Bahamas, and LeRoy Anthony Edwards, 56, from Kingston, Jamaica. Mitchell and Edwards were arraigned on multiple counts before U.S. Magistrate Judge Frank J. Lynch, Jr. Edwards was detained as a risk of flight and a danger to the community.
Mitchell and Edwards are charged with conspiring to and importing 100 kilograms or more of marijuana, in violation of Title 21, United States Code, Sections 952 (a), 963 and 960(b)(2)(G). They are also charged with conspiring to and possessing with intent to distribute 100 kilograms or more of marijuana, in violation of with Title 21, United States Code, Sections 841 (a), 846 and 841(b)(1)(B)(vii). If convicted on either of the conspiracy charges, they face a mandatory minimum of five years in prison and up to a maximum of 40 years in prison, four years to a lifetime of supervised release, and a maximum fine of $5,000,000. Mitchell is also charged with encouraging aliens to come to the United States, causing serious bodily injury, and placing lives in jeopardy in violation of Title 8, United States Code, Sections 1324(a)(1)(A)(iv), 1324(a)(1)(A)(v)(II) and 1324(a)(1)(B)(iii). If convicted, he faces up to a maximum of 20 years in prison, up to three years of supervised release, and a maximum fine of $250,000. Edwards is also charged with being a removed alien after deportation, in violation of Title 8, United States Code Section, 1326(a)(1) and faces up to two years in prison, up to one year of supervised release, and a maximum fine of $250,000.
According to the allegations in the criminal complaint, a vessel capsized in the waters off Jupiter Island, Florida, and three males swam to shore, including Mitchell. Upon arriving to shore, Mitchell ran away from the scene. A second male later identified as LeRoy Anthony Edwards, was rescued from the surf and resuscitated by a good samaritan. Quinton Mitchell was identified as the boat captain. Before running off, Mitchell told the good samaritan that there had been a total of four males on the boat.
Mitchell was later captured by Jupiter Island Police Department Officers and Martin County Sheriff’s Office Deputies, who responded to the area and found the beach littered with white bales and blue gas cans, and the partially submerged boat approximately 200 feet from the shoreline.
Martin County Sheriff’s Office Crime Scene investigators found that the recovered bales contained marijuana, weighing approximately 236 kilograms. Authorities are still searching for the other passengers that were on-board the boat.
Mr. Ferrer commended the investigative efforts of ICE-HSI, DEA, the Jupiter Island Police Department, the Martin County Sheriff’s Office, U.S. Customs and Border Protection, and Florida Fish and Wildlife. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.
An indictment is only an accusation, and a defendant is presumed innocent unless and 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.
Albuquerque Man Sentenced to Ten Years for Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE – Christian Alexander Sangiovanni, 33, of Albuquerque, N.M., was sentenced to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Sangiovanni was arrested in Aug. 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Sangiovanni unlawfully possessed a firearm and ammunition on April 25, 2010, in Bernalillo County, N.M. At the time, Sangiovanni was prohibited from possessing firearms or ammunition because he previously had been convicted of the following three felony offenses in the 12th Judicial District Court for the State of New Mexico: embezzlement in 2000; sexual exploitation of children in 2001; and battery on a police officer in 2003. He also previously had been convicted of possession of heroin with intent to distribute in the 4th Judicial District Court for the State of New Mexico in Guadalupe County in 2005.
Sangiovanni was convicted on March 20, 2013, after a jury trial where the evidence established that on April 25, 2010, Sangiovanni brandished a firearm at a 17-year-old high school student in a car outside a convenience store in the Northeast Heights of Albuquerque. While brandishing the firearm, Sangiovanni threatened to kill first the teenager and then himself. Later that night, Sangiovanni sent the teenager an E-mail in which he threatened her against telling anyone about the violent encounter. Thereafter, Sangiovanni E-mailed the teenager photographs of himself holding a pistol to his head. On April 26, 2010, the teenager and her mother contacted the police and reported Sangiovanni’s threats against the teenager and provided the E-mails containing the threats and photographs of Sangiovanni holding the pistol to his head.
On May 3, 2010, after Sangiovanni continued to send threatening E-mails to the teenager, officers executed an arrest and search operation at a residence where Sangiovanni was staying. After arresting Sangiovanni on state charges, the officers found a Smith & Wesson, model 459, 9mm pistol with an extended magazine that contained rounds of ammunition. The pistol subsequently was identified by the teenager as the weapon that Sangiovanni brandished at her on April 25, 2010.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Saturday 14 December 2013
Antun Lewis Convicted of Arson for Setting Fire That Killed Nine PeopleRead the Press Release
A federal jury found Antun Lewis guilty of setting the May 2005 fire that killed nine people in Cleveland, Ohio, said United States Attorney Steven M. Dettelbach announced today.
Lewis, 29, of Cleveland, is scheduled to be sentenced March 18, 2013. He was convicted of one count of arson in U.S. District Court in Cleveland.
“Justice took a longer time coming, but justice was delivered,” Dettelbach said. “This case came about because of the incredible work and cooperation from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Police and Fire Departments and the prosecutors in the U.S. Attorney’s Office.”
“We hope this verdict brings some small measure of comfort to the families of the deceased,” Dettelbach said.
“This case highlights the fact that arson is a violent crime capable of destroying lives in addition to property,” said Michael Boxler, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbus Field Division. “The ATF agents and prosecutors in this case were unwavering in their dedication to the victims and their pursuit of justice.”
The arson at 1220 East 87th Street on May 21, 2005, killed eight children and one adult, making it the deadliest intentionally set fire in Cleveland’s history. It occurred during a children’s sleepover birthday party, according to trial testimony.
Killed were: Fakih Jones, age 7; Malee’ya Williams, age 12; Shauntavia Mitchell, age 12; Earnest Tate, Jr., age 13; Miles Golden Cockfield, age 13; Antwon Jackson, Jr., age 14; Moses Williams Jr., age 14; Devonte Carter, age 15, and Medeia Carter, 33.
This case is being prosecuted by Assistant U.S. Attorneys David J. Sierleja, Robert W. Corts, Michael L. Collyer following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cleveland Police Department and Cleveland Fire Department.
Friday 13 December 2013
Wichita Man Charged in PlotTo Explode Car Bomb at AirportRead the Press Release
A Wichita man has been charged in federal court with attempting to explode a car bomb at Wichita Mid Continent Airport, John Carlin, Acting Assistant Attorney General for National Security and U.S. Attorney Barry Grissom announced today. The defendant was arrested as part of an FBI undercover investigation, and the device used by the defendant was, in fact, inert and at no time posed a danger to the public.
Terry Lee Loewen, 58, Wichita, Kan., is charged in a criminal complaint filed today in U.S. District Court in Wichita with one count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.
“There was no breach of Mid-Continent’s Airport’s security,” said U.S. Attorney Grissom. “At no time was the safety of travelers or members of the public placed in jeopardy.”
Loewen, who works as an avionics technician, is alleged to have spent months developing a plan that involved using his access card to airport grounds to drive a van loaded with explosives to the terminal. He planned to pull the trigger on the explosives himself and die in the explosion.
Agents arrested Loewen about 5:40 a.m. Friday after he attempted to enter the airport tarmac and deliver a vehicle loaded with what he believed were high explosives. Members of the FBI’s Joint Terrorism Task Force (JTTF) took him into custody without incident.
Loewen has been under investigation by the Wichita Joint Terrorism Task Force since early summer 2013. It is alleged that, prior to his attempted attack, he made statements that he was resolved to commit an act of violent jihad against the United States. Over a period of months, he took a series of actions to advance the plot. According to an affidavit filed in support of the criminal complaint, Loewen:- Studied the layout of the airport and took photographs of access points.
- Researched flight schedules.
- Assisted in acquiring components for the car bomb.
- Talked about his commitment to trigger the device and martyr himself.
On Friday, Loewen went to Mid-Continent Airport to detonate the car bomb. He was taken into custody when he attempted to open a security access gate. FBI Evidence Response Teams are executing search warrants related to the case. Although the investigation is ongoing, no additional arrests are anticipated.
FBI SAC Michael Kaste stated “Lone wolves - home grown violent extremists remain a very serious threat to our nation’s security. Today’s arrest emphasizes the continual need for the public to remain vigilant as law enforcement relies on the public’s assistance.”
If convicted, Loewen would face a maximum penalty of life in federal prison
The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, the Wichita Police Department.
The case is being handled by prosecutors from the United States Attorney’s Office and the Justice Department’s National Security Division.
In all cases, defendants are presumed innocent until and unless proven guilty. The charges merely contain allegations of criminal conduct.Week in Review – South BendRead the Press Release
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITIONS:
Decarlo Knighten, 36, of La Porte, Indiana was sentenced by District Judge Jon E. DeGuilio to 57 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm.According to documents filed in this case, in April 2013, Knighten possessed a Colt Python .357 magnum revolver at his residence. Knighten has two prior felony drug dealing convictions and one misdemeanor conviction.. This case was the result of an investigation by Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
James Tolson, 39, of Wabash, Indiana was sentenced by District Judge Jon E. DeGuilio to 21 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm.According to documents filed in this case, in March 2012, Tolson had in his possession a Hi-Point handgun in Wabash, Indiana.Tolson has previous convictions. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – HammondRead the Press Release
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Brandon Jackson, 29, of Hammond, Indiana, pled guilty before Senior District Judge James Moody to the felony offense of possession of a firearm by a convicted felon.This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hammond Police Department.This case is being prosecuted by Assistant United States Attorney Thomas McGrath.
Percy Spurlock, 59, of Gary, Indiana, pled guilty before Senior District Judge James Moody to the felony offense of possession with the intent to distribute crack cocaine.This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case is being prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Anthony Cerrillos, 45, of, East Chicago, Indiana, was sentenced by Senior District Judge James Moody to 12 months imprisonment, 2 years of supervised release and restitution of $10,000.00 to Dean Foods after pleading guilty to the felony offense of conspiracy to transport stolen goods that had a value in excess of $5,000.00.According to documents filed in this case, in August of 2011, Cerrillos and his brother, Brian Cerrillos, stole a refrigerated milk trailer from a dairy distributor in Hammond, Indiana. They then traveled to Illinois and sold the milk at different convenience stores for a profit. This case was the result of an investigation by the Federal Bureau of Investigation and the Hammond Police Department.This case was prosecuted by Assistant United States Attorney Diane Berkowitz.
Miguel Herrera-Torres, 32, of Chicago, Illinois, was sentenced by Senior District Judge Rudy Lozano to 18 months imprisonment after pleading guilty to the felony offense of being found in the United States after having been deported following a conviction for an aggravated felony crime and not having obtained express consent to reapply for admission to the United States.Herrera-Torres will be subject to deportation upon release.This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Special Assistant United States Attorney Armando Salinas.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Deangelo Copeland, 35, of Fort Wayne, Indiana pled guilty before Magistrate Judge Roger B. Cosbey to the felony offenses of armed bank robbery and carrying and using a firearm during and in relation to a crime of violence. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Amanda McBride, 31, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of maintaining a drug-involved premise. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Brandon Peters, 25, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of robbery of a controlled substance and use of firearm during and in relation to a crime of violence. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the Fort Wayne Police Department and the Allen County Sherriff’s Department.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Contrel Johnson, 23, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of being a convicted felon in possession of a firearm. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Arturo DeLuna, 46, of Fort Wayne, Indiana was sentenced by District Judge Theresa L. Springmann to serve 37 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of conspiracy to possess with intent to distribute cocaine.According to documents filed in this case, DeLuna was involved in distributing kilograms of cocaine in Fort Wayne, Indiana. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Nicholas Zimmerman, 29, of Fort Wayne, Indiana was sentenced by District Judge Roger B. Cosbey to 3 years of probation and serving 8 months on home detention after pleading guilty to the felony offense of receiving stolen property.According to documents filed in this case, the United States Marine Corps were notified of Zimmerman being in possession of a mortar artillery round. Zimmerman intended to keep the artillery for his own personal possession or for profit via selling. This case was the result of an investigation by the United States Marines and the Fort Wayne Police Department.This case was prosecuted by Assistant United States Attorney Anthony Geller.
John Bennett, 36, of Sturgis, Michigan was sentenced by District Judge Theresa L. Springmann to serve 21 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of conspiracy to distribute and possess with intent to distribute methamphetamine use of a communication facility, telephone, to facilitate in conspiracy to distribute and possess with intent to distribute methamphetamine.According to documents filed in this case, between July, 2011 and February, 2013, a large scale narcotics distribution conspiracy existed and operated in northeastern Indiana and southern lower Michigan.Bennett was obtaining quantities of methamphetamine from individuals within the distributorship for distribution to his customers.This case was the result of an investigation by the Federal Bureau of Investigation and Safe Streets Task Force.This case was prosecuted by Assistant United States Attorney Lesley Miller Lowery.
Virginia Man Pleads Guilty to Mail Fraud in Scheme That Cost His Employer More Than $100,000-Defendant Sold Unnecessary Software to His Employer-Read the Press Release
WASHINGTON - James R. Revell, 47, of Springfield, Va., pled guilty today to mail fraud for scheming to cheat his employer of more than $100,000, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Revell pled guilty in the U.S. District Court for the District of Columbia. The Honorable Ketanji Brown Jackson scheduled sentencing for March 5, 2014. The charge carries a statutory maximum of 20 years in prison. Under federal sentencing guidelines, the likely range is a sentence of 12 to 18 months in prison and a fine of up to $30,000.
According to the government’s evidence, Revell carried out a scheme between at least November 2011 and January 2012 to defraud his then-employer, the Advisory Board Company. At the time, Revell was the firm’s director for information technology. Without informing any member of the Advisory Board Company’s staff, he incorporated another company, GTM Tech. This company was set up solely to send software to the Advisory Board Company.
From November 2011 through January 2012, Revell initiated three separate and unnecessary purchase orders on behalf of the Advisory Board Company to GTM Tech that totaled $104,642. None of the programs actually provided any service or benefit.
Revell has since paid $104,642 in restitution to the company.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier commended the work of those who investigated the case from the FBI and MPD. They also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Donna Galindo and Assistant U.S. Attorney Phil Selden, who is prosecuting the case.
13-418United States Attorney's Office Says Goodbye to Two Outstanding Assistant U.S. AttorneysRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced the retirement of Assistant U.S. Attorneys Josette L. Cassiere and Robert A. “Bob” Thrall, who served in the Western District of Louisiana with more than 45 years of combined experience. Cassiere and Thrall were honored on November 21, 2013, at a retirement ceremony held at the U.S. Courthouse in Shreveport. Their last day with the office was November 30, 2013.
“We are losing talented, dedicated lawyers and public servants,” Finley stated. “Throughout their careers, Josette and Bob have played integral roles in prosecuting cases with our office. Their years of service and dedication to the Department of Justice are a true testament of their commitment to justice and the citizens of this district. They will be greatly missed, and we wish them the very best as they start the next chapters of their lives. I am grateful for their tireless advocacy on behalf of the Western District.”
Josette Cassiere began her career with the U.S. Attorney’s Office in March of 1989. She served one year in the civil division, concentrating on land condemnation cases for the Red River Waterway project and collections with the Financial Litigation Unit (FLU). From 1990 to 2001, Cassiere was responsible for all of the District’s criminal appeals to the Fifth Circuit. Beginning in 2001, she was primarily responsible for criminal appeals generated by the Shreveport Division of the office. In 23 years of appellate practice, Cassiere has filed approximately 700 briefs and argued more than 100 appeals at the Fifth Circuit, including one en banc rehearing and several cases involving res nova issues.
Cassiere received a Bachelor’s Degree in Music from Alverno College in Milwaukee, Wis., in 1970, and taught in the Elmbrook School District in Wisconsin for four years before attending law school. She received her Juris Doctorate from the Louisiana State University School of Law in 1977. Josette Cassiere and Robert Gillespie Jr., also an assistant U.S. attorney, have been married for 36 years, and have three children, Sarah, Paul and Michael.
“My time at the U.S. Attorney’s Office has been both challenging and extremely satisfying both from the perspective of service to the law and the legal system and from the perspective of service to community and country,” Cassiere stated. “It is with mixed feelings that I leave that office which, in my opinion, is one of the best law firms in this state.”
Bob Thrall began his career with the U.S. Attorney’s Office in 1991, primarily handling bankruptcy, foreclosures, and collection efforts for the FLU. He also handled defensive litigation involving federal programs and complex financial litigation. Since September 2011, Thrall handled the bankruptcy referrals for the entire District. The District has consistently been one of the 10 districts with the greatest number of Chapter 13 filings in the nation and one of the heaviest districts with overall bankruptcy filings. Although his primary clients have been the IRS and the U.S. Department of Agriculture, Thrall has handled cases and bankruptcy matters for federal agencies, to include the Small Business Administration, HUD, Department of Education, FEMA, EPA, the Army Corps of Engineers, ATF, the Federal Bureau of Prisons and the Veterans Administration.
Thrall graduated Magna Cum Laude from Louisiana Tech University with a bachelor’s degree of arts in political science in 1975 and received his Juris Doctorate from the University of Oregon’s School of Law in 1979. Bob Thrall is married to Blair Thrall, an accomplished artist. They have been married more than 17 years and have two sons, Brent and Wesley, and one daughter, Erica.
From left, Assistant U.S. Attorney Robert A. "Bob" Thrall, U.S. Attorney Stephanie A. Finley,
and Assistant U.S. Attorney Josette L. Cassiere
Two Texas-area Individuals Charged with Sex Trafficking of A Minor by Force, Fraud, and Coercion into the New Orleans AreaRead the Press Release
TAUREAN OKEITH JACKSON, a/k/a “Marvelous Rich,” “Richard Jones,” and “Richard Marvelously”, age 24, from Dallas, Texas, and ANDREA BIRDOW, age 22, from Sherman, Texas, were charged today in a five-count Indictment for offenses related to their involvement in the sex trafficking of a minor from the Dallas, Texas-area into the New Orleans area for the purposes of that minor engaging in prostitution, announced United States Attorney Kenneth Allen Polite, Jr.
According to the Indictment, in mid-June 2013, JACKSON and BIRDOW met the victim, who was 16 years-old, in the Dallas, Texas-area, and shortly thereafter recruited her to being working for JACKSON as a prostitute. Over the course of the next several weeks, JACKSON and BIRDOW drove the victim throughout Texas and Louisiana for the purpose of BIRDOW and the victim engaging in prostitution, which JACKSON advertised and arranged using an online classified advertisement. JACKSON also provided the victim with alcohol and/or illicit drugs to numb her senses, control her behavior, and encourage the victim to continue engaging in prostitution. JACKSON also controlled the victim by violence, including beating her with an extension cord and beating and choking BIRDOW in front of the victim, while telling the victim that he would do the same to her if she tried to leave him. JACKSON was the creator and host of a Dallas-area radio program entitled, “Cheap Hoes Gotta Go.” Ultimately, BIRDOW and the victim were arrested in a Metairie hotel room by undercover law enforcement officers on July 10, 2013. JACKSON was arrested in Dallas, Texas, approximately one week later. The Indictment also provides notice of an enhancement of JACKSON’S sentence upon conviction based on his prior convictions for Compelling Prostitution of an Individual Under the Age of 18and Sexual Assault of a Child lewd and lascivious assault of a minor in Dallas, Texas.
If convicted, BIRDOW faces a maximum sentence of life imprisonment, as well as a life time of supervised release, and a $250,000 fine. JACKSON faces a mandatory minimum term of imprisonment of 15 years and a maximum of life, followed by up to a life term of supervised release, and a $250,000 fine. Both BIRDOW and JACKSON can also be required to register as sex offenders.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was initiated by the Jefferson Parish Sheriff's Office and is being investigated by agents from the Federal Bureau of Investigation, with assistance from the FBI Dallas Child Exploitation Task Force, and the Dallas Police Department High Risk Victims Unit. The prosecution of this case is being handled by Assistant United States Attorney Jordan Ginsberg.
(Download Indictment )
Two Sentenced for Making False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that two people convicted of False Statement were sentenced on December 12, 2013, by U.S. District Judge Karen E. Schreier.
Lynn Barbara Van Laar, age 65, of Worthing, South Dakota, was sentenced to time served and fined $250. Randall Jay Jurgens, age 54, of Sioux Falls, South Dakota, was sentenced to one year of probation.
Van Laar and Jurgens were indicted by a federal grand jury on June 4, 2013, for making a false statement. Van Laar pled guilty on September 9, 2013, and Jurgens pled guilty on September 10, 2013.
Both defendants made false statements to a federal agent during his investigation into a federal crime.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Randy J. Seiler and John E. Haak prosecuted the case.
Two Sentenced for Conspiring to Transport MarijuanaRead the Press Release
LAREDO, Texas - Roberto Garcia, 29, and Juan Javier Reyna, 33, both of Houston, have been sentenced to federal prison for conspiring to possess with the intent to distribute in excess of 100 kilograms of marijuana, announced United States Attorney Kenneth Magidson.
Today, U.S. District Judge George P. Kazen handed Garcia a sentence of 100 months, while Reyna received 72 months.
Between September and November 2011, Reyna worked with other co-conspirators including Garcia to transport 100-200 pounds of marijuana from Roma to Houston on at least two occasions.
On Oct. 19, 2011, Reyna was driving in tandem with a vehicle driven by Garcia. His role on that day was to provide an escort vehicle for the load of marijuana. A Department of Public Safety (DPS) trooper attempted to pull Garcia over for traffic violations. However, when the DPS trooper walked up to the vehicle, Garcia sped off and caused a three-car crash on Highway 83 at Pita Magana Road. Garcia abandoned the vehicle, which contained 14 bundles of marijuana, weighing 55.45 kilograms. Garcia then ran through a gas station and was picked up by Reyna. A high-speed chase ensued, during which Garcia opened the passenger door and fled. Reyna bailed out of the vehicle a short time later and was apprehended hiding in the brush nearby.
This case is the result of a two-year investigation led by the Drug Enforcement Administration with the assistance of Homeland Security Investigations. Assistant United States Attorneys Elizabeth Rabe and James Hepburn are prosecuting the case.
Two Men Found Guilty of First-Degree Murder While Armed and Assault Charges for Shooting at Caribbean FestivalDefendants Fired About A Dozen Shots into Crowd, Killing Innocent BystanderRead the Press Release
WASHINGTON – Deonte Bryant, 22, and Terrance Bush, 21, both of Washington, D.C., were found guilty by a jury today of first-degree murder while armed and other charges for shooting and killing a man and wounding two other people during a shoot-out at a street festival in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
In addition to the murder charge, the jury found Bryant and Bush guilty of three counts of assault with intent to kill while armed, one count of aggravated assault while armed, and related gun charges. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable John Ramsey Johnson scheduled sentencing for March 7, 2014.
According to the government’s evidence, in the late afternoon of June 25, 2011, Bryant and Bush provoked and then participated in a shootout with a member of a rival neighborhood group, striking and injuring the rival, as well as three innocent bystanders who were hit by gunfire as they tried to run away. The shooting took place in broad daylight, during the Caribbean Festival, in the area of the 700 block of Gresham Place NW.
In total, Bryant and Bush fired about a dozen shots into the crowd. One of the innocent bystanders, Robert Foster, Jr., 43, was killed. Another innocent bystander was gravely wounded but survived. The third innocent bystander was shot in the leg and the side but also survived.
The rival, Terry Jimenez, 22, earlier pled guilty to charges in the case.
In announcing the verdicts, U.S. Attorney Machen praised the work of those who worked on the case from the Metropolitan Police Department (MPD). U.S. Attorney Machen also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon; Victim/Witness Advocate Meshall Thomas, and Litigation Technology Specialists Leif Hickling and Anisha Bhatia.
Finally, he commended the work of Assistant U.S. Attorneys Jennifer Kerkhoff and Kate Rakoczy, who tried the case, as well as Assistant U.S. Attorney Steven Snyder and former Assistant U.S. Attorney Bruce Hegyi, who indicted the case.
13-422Two Connecticut Men Plead Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Nelson Areizaga-Rosa, 37, and Ricardo Ortiz-Rosa, 41, both of Connecticut, pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison, an $8,000,000 fine, or both.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on March 17, 2011, the defendants were stopped for speeding by a Chautauqua County Sheriff’s deputy on I-86 in the Town of Ellicott. The defendants, who are cousins, were later arrested along with two other individuals.
Law enforcement officers subsequently discovered $60,000 in U.S. currency secreted in the spare tire of the vehicle the defendants were riding in, money that represented the proceeds from the sale of two kilograms of cocaine. Officers also seized more than a kilogram of heroin, a quantity of cocaine, and multiple firearms. An additional four defendants were also arrested. During a search warrant later executed at a residence in Campbell, Ohio, officers recovered another $205,000 in U.S. currency. Five vehicles were also seized during the course of the narcotics investigation.
The defendants entered guilty pleas as a jury trial on the charges was about to begin. They are expected to receive 15 years when sentenced in April 2013. All eight defendants in this heroin trafficking investigation now stand convicted.
The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Sheriff Joseph Gerace, and the Jamestown Police Department, under the direction of Harry Snellings.
Sentencing is scheduled for April 1, 2013 at 9:00 a.m. before Judge Skretny.Two Army National Guard Soldiers Plead Guilty<br /> in Connection with Bribery and Fraud Schemes<br /> to Defraud the U.s. Army National Guard BureauRead the Press Release
Two U.S. Army National Guard soldiers pleaded guilty for their roles in bribery and fraud schemes that caused a total of at least $70,000 in losses to the U.S. Army National Guard Bureau. Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas made the announcement.
Specialist Edia Antoine, 28, and former Staff Sergeant Ernest Millien, 49, both of Houston, each pleaded guilty to one count of conspiracy and one count of bribery. The cases against both defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses. To date, the investigation has led to charges against 25 individuals, 19 of whom have pleaded guilty.
According to court documents filed in both cases, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP). The G-RAP was a recruiting program that offered monetary incentives to soldiers of the Army National Guard who referred others to join the Army National Guard. Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join. Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account. To participate in the program, soldiers were required to create online recruiting assistant accounts.
Antoine and Millien both admitted they paid Army National Guard recruiters for the names and Social Security numbers of potential Army National Guard soldiers. They used the personal identifying information for these potential soldiers to claim that they were responsible for referring these potential soldiers to join the Army National Guard, when in fact they had not referred them. As a result of these fraudulent representations, Antoine and Millien collected approximately $17,000 and at least $12,500 in fraudulent bonuses, respectively.
The charge of bribery carries a maximum penalty of 15 years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss. The charge of conspiracy carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.
Antoine and Millien are scheduled to be sentenced before U.S. District Judge Lee H. Rosenthal of the Southern District of Texas on June 24, 2014.
These cases are being investigated by Special Agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit. The cases are being prosecuted by Trial Attorneys Sean F. Mulryne, Mark J. Cipolletti and Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney John Pearson of the Southern District of Texas.Timber Lake Man Sentenced for Passing A Counterfeit $100 BillRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man convicted of Uttering Counterfeit Obligations of the United States, was sentenced on December 12, 2013, by U.S. District Judge Roberto A. Lange.
Dennis Tyler Gutierrez, a/k/a "Crow Shoe", age 21, was sentenced to one year of probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Gutierrez was indicted by a federal grand jury on August 21, 2013. He pled guilty on October 1, 2013.
The conviction arose out of an incident during the Days of 1910 celebration in Timber Lake in July 2013 when Gutierrez used a counterfeit $100 bill to attempt to buy beer at the Coop Bar. The owner of the Coop Bar recognized the bill as counterfeit and called law enforcement.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Secret Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Three People Arrested for Crack Dealing Outside Boys & Girls Club in OaklandRead the Press Release
OAKLAND – Three people were indicted on December 10, 2013, by a federal grand jury on charges of drug trafficking within 1,000 feet of McClymonds High School in Oakland, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
The three individuals are:
- Alton Lerand Hirsch
- Charles Edward Moss, Jr.
- Nolan Ronald Jones
The defendants are each charged in separate indictments alleging that they dealt cocaine base in the form of “crack” within 1,000 feet of McClymonds High School, in violation of 21 U.S.C. § 841(a)(1) and 860(a).
This investigation targeted the corner of Mead Ave., Market Street, and 24th Street in Oakland, which is right outside of the Boys & Girls Club of Oakland, and within 1,000 feet of McClymonds High School. This corner has nevertheless been a known open-air crack market in Oakland. The cases are part of an ongoing relationship between the U.S. Attorney’s Office, Drug Enforcement Agency, the Federal Bureau of Investigation, the Oakland Police Department, and the Oakland community.
“This area is one frequented by the children of Oakland,” commented United States Attorney Melinda Haag. “Those children deserve the same chance as children who live in other neighborhoods around the Bay Area: the chance to go to and from school and the Boys & Girls Club without having to navigate through crack deals on the way. That is why I have directed my office to work with the DEA, FBI and the Oakland Police Department to aggressively prosecute drug trafficking in areas around Oakland schools.”
These cases follow on the heels of similar charges targeting crack dealing within school zones in the Tenderloin area of San Francisco. Ms. Haag also previously targeted other crack dealing in Oakland that took place within school zones, such as the area of Sycamore Street, near West Street, in Oakland. Those defendants are currently serving their sentences in prison.
Haag stressed that more charges could be on the way. “Everyone who treats Oakland as an open-air drug market should be on notice: law enforcement is paying attention. You won’t know when the next arrests will be, or which schools or street corners we’ll focus on next, but if you’re caught you will face significant time in federal custody.”
The three defendants were arraigned in federal court in Oakland. They are currently in the custody of the United States Marshal.
The maximum statutory penalty for violating the federal drug-free school zone statute is 40 years in prison, with a minimum mandatory one year in jail, at least six years and up to life on supervised release, and a maximum fine of up to $2,000,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This prosecution is the result of an investigation by the FBI and the Oakland Police Department.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Alton Hirsch, Charles Moss, and Nolan Jones must be presumed innocent unless and until proven guilty.
(Mead Ave indictments )
Thirteen Men Indicted in Drug Conspiracy Case, Accused of Distributing Heroin and Cocaine in Washington Area-Charges Follow A Year-Long Investigation-Read the Press Release
WASHINGTON –Eleven men have been arrested on federal charges stemming from an
ongoing investigation into a drug trafficking organization that distributed large amounts of heroin and cocaine in the Washington, D.C. metropolitan area. To date, over 3.5 kilograms of cocaine and over two kilograms of heroin have been seized as a result of the investigation, along with more than $68,000 in cash and at least five firearms. Two men remain at large.The arrests, on Dec. 12, 2013, followed the return of an indictment by a grand jury in the U.S. District Court for the District of Columbia. They were announced today by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The arrests came as authorities executed 26 search warrants on Dec. 12, 2013, in the District of Columbia, Maryland and Virginia. Several firearms, cocaine and heroin, jewelry worth over $60,000 and thousands in cash were seized during the law enforcement activities. Also recovered from within one residence was evidence of an apparent identity theft operation involving hundreds of credit cards, social security cards and driver’s licenses.
The indictment also includes a forfeiture count against all of those now charged in the investigation, which seeks all proceeds from the crimes. All 11 defendants made their first court appearances this week and are being held without bond pending detention hearings.
“This investigation shows our resolve to target organizations that are bringing cocaine, heroin and other dangerous drugs into the District of Columbia,” said U.S. Attorney Machen. “Law enforcement was able to remove guns, drugs and dangerous people from the streets and take another step toward making our community safer.”
“These arrests are a result of the concentrated efforts by Special Agents and Detectives from the FBI Washington, Baltimore and Los Angeles Field Offices, MPD and Prince George's County, Maryland, Police Department who partner together to disrupt and dismantle drug networks that threaten our neighborhoods,” said Assistant Director in Charge Parlave. “Together, we are focused on stopping the movement and sale of drugs on our streets and we will bring those who profit from it to justice.”
“This investigation spanned the region including Washington, D.C., Prince George's County, Md., Baltimore, and Stafford, Va.,” said Police Chief Lanier. “This is a great example of us working with our federal partners to arrest those who supply our neighborhoods with illicit drugs.”
The charges arose from a year-long investigation by the FBI into people suspected of acting as wholesale distributors of heroin and cocaine in the Washington, D.C., metropolitan area. The investigation determined that from at least January 2013 through November 2013, the defendants maintained a drug trafficking organization that supplied distribution amounts of heroin and cocaine to drug dealers in the District of Columbia, Maryland and Virginia. During the course of the investigation, agents seized three separate packages found to contain large quantities of both heroin and cocaine, which had been shipped or were destined to arrive in the Washington, D.C., area from sources located in California.
Those arrested include Lester Pryor, 62, of Washington, D.C., who is alleged to have supplied cocaine and heroin to the other defendants named in the indictment. The others include Patrick Avent, 45, of Stafford, Va.; George Ball, 65, of Washington, D.C.; Brandon Beale, 58, of Washington, D.C.; Aubrey Bennett, 61, of Washington, D.C.; James Burkley, 59, of Washington, D.C; Anthony McDuffie, 50, of Washington, D.C.; Chris Merriweather, 47, of Washington, D.C.; Earl Owens, 56, of Bowie, Md.; Tyrone Payton, 55, of Temple Hills, Md.; and Kevin Whitman, 54, of Washington, D.C.
The prosecution grew out of the efforts of the federal Organized Crime Drug Enforcement Task Force, a multi-agency team that conducts comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the nationwide program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier commended the work of the agents at the FBI, Internal Revenue Service-Criminal Investigation, and the U.S. Postal Inspection Service, who investigated the case. They also thanked the U.S. Attorney’s Offices for the District of Maryland, the Eastern District of Virginia and the Central District of California, the FBI’s Baltimore and Los Angeles Divisions, MPD and the Prince George’s County police and sheriff’s departments, which provided assistance.
Finally they cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Steven B. Wasserman, Anthony Scarpelli, Jin Park, and former Assistant U.S. Attorney Patricia A. Stewart, as well as Assistant U.S. Attorney Anthony Saler, who assisted with the forfeiture aspects of the investigation.
13-419Teenager Sentenced to 30-Year Prison Term in Slaying at Woodley Park Metro StationDefendant Is Among Six Sentenced Today to at Least 15 Years in Prison for Various Roles in CrimeRead the Press Release
WASHINGTON – Chavez Myers, 18, was sentenced today to 30 years in prison for first-degree murder while armed in the slaying of 18-year-old Olijawon Griffin at the Woodley Park Metro station, announced U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Ron Pavlik, Chief of the Metro Transit Police.
Five co-defendants were also sentenced today, to prison terms ranging from 15 to 19 years.
Myers, of District Heights, Md., pled guilty in September 2013 in the Superior Court of the District of Columbia. The plea, which was contingent upon the Court’s approval, called for the 30-year prison sentence for the crime. The Honorable Ronna L. Beck approved the plea this morning and sentenced Myers accordingly.
Myers, who was 17 at the time of the murder, is among numerous defendants to plead guilty to charges in the murder and related crimes. The others include Muquan Cawthorne, 17, of Mount Ranier, Md.; Deon Jefferson, 18, of Landover, Md.; Gary Maye, 18, of Hyattsville, Md.; Immanuel Swann, 18, of Brentwood, Md., and Gary Whittaker, 20, of Hyattsville, Md. Cawthorne, Jefferson, Maye and Swann, like Myers, were under 18 at the time of the murder; the U.S. Attorney’s Office obtained their indictments after deciding to prosecute them as adults.
Cawthorne was sentenced today to 17 years in prison for voluntary manslaughter while armed, armed robbery, and a firearms offense. Jefferson was sentenced to 16 years in prison for voluntary manslaughter while armed and armed robbery. Maye was sentenced to 19 years in prison for voluntary manslaughter while armed, armed robbery, and robbery. Swann was sentenced to 19 years in prison for voluntary manslaughter while armed and two counts of armed robbery. Whittaker was sentenced to 15 years in prison for voluntary manslaughter while armed, assault with a dangerous weapon, conspiracy, and a firearms offense.
All of the defendants have been in custody since their arrests. Upon completion of their prison terms, each defendant will be placed on five years of supervised release.
According to the government’s evidence, Myers and the other defendants were part of a group of 10 people who conspired on Nov. 16, 2012 and Nov. 17, 2012 to commit robberies in the District of Columbia. Plans called for robbing people of their iPhones and other items of value. The group took a Metro train on the night of Nov. 16, 2012, from the West Hyattsville, Md. station to the Gallery Place/Chinatown station in Northwest Washington. From there, they took another train to the Woodley Park Metro station to begin their crimes. Within a matter of hours, Mr. Griffin would become a victim of the group twice: once, during a robbery in the Adams Morgan area, and finally, the attack at the Metro Station that ended with his death.
“Today justice is served on the group of teenagers who murdered Olijawon Griffin for having the audacity to stand up to them after they robbed him of his coat and brutally assaulted his best friend,” said U.S. Attorney Machen. “Chavez Myers, who buried the knife in Mr. Griffin’s chest on a Metro Station platform, will serve 30 years behind bars. Five other participants in this attack, none of whom struck the fatal blow, will each serve at least 15 years in prison. Today’s proceedings should open the eyes of other young people thinking about committing street robberies to the deadly consequences and lengthy prison sentences that can easily result.”
“A young man lost his life, and now the young men who are responsible for that crime must face the consequences of their actions,” said Police Chief Lanier. “The Metropolitan Police Department and our law enforcement partners continue to demonstrate that criminals will be held accountable.”
“I want to commend the work and cooperation of the Metro Transit and Metropolitan Police Departments as well as the D.C. Attorney General and U.S. Attorney’s Office’ in this year-long effort to arrest and prosecute those responsible for the events of Nov. 16 and 17, 2012,” said Metro Transit Police Chief Pavlik. “We continue to send a clear message to those who wish to threaten or bring harm to Metro customers that such activity will be prosecuted to the fullest extent of the law.”
According to the government’s evidence, the group targeted Mr. Griffin shortly after midnight, early Nov. 17, 2012, attacking him near a gas station in the 1800 block of Adams Mill Road NW. Mr. Griffin was robbed of his Helly Hansen coat, hat, and iPhone. The assailants then walked back toward the Woodley Park Metro station, intending to take a train back to West Hyattsville.
Mr. Griffin and his two companions arrived at the Metro station shortly after the assailants. They approached the assailants in an attempt to get Mr. Griffin’s property back. According to the government’s evidence, the various assailants repeatedly punched, kicked and stomped one of Mr. Griffin’s companions while he was lying prone and defenseless on the floor of the station platform. Once this friend rose to his feet, the group again took him to the ground and repeatedly punched, kicked and stomped him.
Shortly after the attack on the friend ended, Myers went up to the mezzanine level of the station, where the kiosk and fare machines are located. Jefferson, Maye, Whittaker and Swann were among those who also went to the mezzanine level. Mr. Griffin had been attempting to draw the defendants to that level in an effort to get them away from his injured friend. As the confrontation continued, Myers came up from behind Mr. Griffin and stabbed Mr. Griffin, who was unarmed, once in the heart. Mr. Griffin died a short time later.
In announcing the sentences, U.S. Attorney Machen, Chief Lanier and Chief Pavlik commended the work of those who investigated the case from the Metropolitan Police Department and the Metro Transit Police Department. They also expressed appreciation to those who worked on the case from the District of Columbia Office of the Attorney General, including Deputy Attorney General Andrew Fois; Jennifer White, Chief of the Juvenile Section; Barbara Chesser and Linda Monroe, Assistant Chiefs of the Juvenile Section; Assistant Attorney General Marybeth Manfreda, and former Assistant Attorney General Anthony Crispino. The District of Columbia Office of the Attorney General handled the part of this case that involved charges against some of the juveniles who were apprehended after the attack.
U.S. Attorney Machen, Chief Lanier and Chief Pavlik also acknowledged the efforts of those who provided assistance from the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews, Kwasi Fields, and Ethel Noble; Criminal Investigator John Marsh; Litigation Technology Specialists Leif Hickling, Will Henderson, and Paul Howell; Victim/Witness Advocate Jennifer Clark, and former interns Ryan Lipes, Flynn Burke, and Lauren Sparks.
Finally, they thanked Assistant U.S. Attorneys Justin Dillon, Kathleen A. Connolly, and Kevin F. Flynn, who investigated and prosecuted the case.
13-421Tampa Man Sentenced to More Than 13 Years in Federal Prison for Transporting Child Pornography over the InternetRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington yesterday sentenced Michael Alan Klevene (62) to 13 years and 7 months in federal prison for transporting child pornography over the Internet. As part of his sentence, Klevene was also ordered to serve a lifetime term of supervised release, following his incarceration, and to register as a sex offender.
Klevene was found guilty on June 4, 2013.
According to court documents, between October and December 2012, Klevene uploaded numerous videos and images of child pornography to the Internet. On January 24, 2013, Klevene e-mailed links to the uploaded child pornography to an undercover agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
In February 2013, law enforcement executed a federal search warrant at Klevene’s residence. During an interview, Klevene confessed to possessing, downloading, and transporting child pornography. He stated that he had been collecting images and videos of child pornography for over twenty years. Klevene also admitted to paying a pre-pubescent male, in Tampa, to take photographs of himself and to subsequently posting these photographs to the Internet, in order to meet people interested in child pornography and to obtain more child pornography.
"Distributing child pornography is not a victimless crime," said Susan McCormick, special agent in charge of HSI Tampa. "We cannot repair the damage done to innocent children exploited for perverse pleasure, but we can continue to aggressively pursue and prosecute child predators like Klevene."
This case was investigated by HSI, the Florida Department of Law Enforcement (FDLE), and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another 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."
Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Herit Melendez, 36, of Rochester, N.Y., who was convicted following a jury trial of possessing heroin with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking offense, was sentenced to five years in prison and five years supervised release by U.S. District Court Judge Frank P. Geraci.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Melendez was arrested in a bedroom after members of the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 27 Glasser Street on May 27, 2011. During the search, officers found and seized cocaine, heroin, marijuana and paraphernalia associated with drug trafficking. Officers also located a .22 caliber handgun and a .22 caliber rifle in the location, as well as $534.00 in U.S. currency.
The sentencing resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.Rochester Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Lopez-Polo, 25, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to child pornography. The charge is punishable by a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant possessed more than 600 images of child pornography on digital media he owned, including a computer and removable media. The images included prepubescent children, as well as depictions of violence against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and Investigators from the Rochester Police Department, under the direction of Chief James Shephard.
Sentencing is scheduled for March 19, 2014, at 10:00 a.m. before Judge Larimer.Rochester Man Pleads Guilty to Making Bomb Threats Against KodakRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., pleaded guilty to making false bomb threats before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on September 24, 2012, the defendant made three phone calls to 911 and told the operator that his acquaintances were terrorists and were going to blow up the Kodak Corporation. Mohammed made a fourth call on January 24, 2013 claiming that an acquaintance had explosives hidden at a location in Rochester and planned to use those explosives to bomb Kodak. The 911 calls resulted in emergency responses by the Rochester Police and Fire Departments and by Kodak security personnel, but searches failed to turn up any bombs or evidence that someone had attempted to plant a bomb at any of Kodak=s facilities.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is scheduled for April 4, 2014 before Judge Siragusa.Retired Jacksonville Sheriff's Office Corrections Officer Arrested for His Involvement in Stolen Identity Refund Fraud SchemeRead the Press Release
Jacksonville, FL – Acting United States Attorney A. Lee Bentley, III announces the return of an indictment and arrest charging Harold B. Walbey, III (45, Jacksonville) with wire fraud and aggravated identity theft. If convicted on all counts, he faces a maximum penalty of 22 years in federal prison.
Walbey was arraigned in federal court on December 12, 2013. He pleaded not guilty and was released on bond. A status conference hearing is scheduled for January 21, 2014.
According to the indictment, Harold B. Walbey, III worked as a corrections officer with the Jacksonville Sheriff’s Office, at the John E. Goode Pretrial Detention Facility. While working in this capacity, he stole personal identifying information, including the names and social security numbers, of multiple inmates who were housed at the facility. From 2010 through May 2012, Walbey used this information to electronically file numerous fraudulent tax returns and open pre-paid debit card accounts with various financial institutions. The tax refunds were then directly deposited into the pre-paid debit card accounts that were created in specific inmates’ names.
“The Jacksonville Sheriff’s Office investigates all allegations of criminal activity that may involve our employees. In this case our investigators from the Integrity/Special Investigations Unit, working with our federal agency partners, effected two arrests - Mr. Walbey and his daughter, Tianna Walbey, who was arrested in February on federal charges in this same crime,” said Jacksonville Sheriff John Rutherford.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville Sheriff’s Office, Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Malisa Chokshi.
Click HERE to view Indictment
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on December 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Ladeaux, age 27, was sentenced to 2 years in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ladeaux was indicted by a federal grand jury on September 25, 2012. He pled guilty on February 14, 2013.
In September 2012, Ladeaux left the Community Alternatives of the Black Hills where he was serving the remainder of a federal prison sentence, and he did not return as required.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Ladeaux was immediately turned over to the custody of the U.S. Marshals Service.