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27 January 2014
Gang Member Sentenced to 10 Years in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. - A member of a Dodge City street gang was sentenced Monday to 10 years in federal prison, U.S. Attorney Barry Grissom said.
Russell Worthey, 25, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of possessing and discharging a firearm in a crime of violence. In his plea, Worthey admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. Worthey aided and abetted in the murder as well as an assault with deadly weapons upon the victims.
On the day of the murder, Worthey and co-defendant Anthony Wright were driving around Dodge City in Wright’s car. In a trailer park in the south part of town they ran across a group of Hispanic males at 201 E. McArtor, Lot 24. The males appeared to be members of a rival gang, the Surenos.
Later that day, Worthey, Wright and two other Nortenos went to the trailer park. Worthey was in the front passenger seat and Wright was driving. Two other Nortenos were riding in the back seat. When Wright parked the car, the two Nortenos in the back seat got out and ran toward the Hispanic males at Lot 24, with Worthey and Wright following. The two Nortenos in the lead fired at the men at Lot 24. Israel Peralta was struck several times by the gunfire and died from the injuries. Mariano Sorano also was struck by gunfire. The four Nortenos got back in their car and drove away from the scene.
In his plea, Worthey admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He was one of 23 defendants indicted in May 2012 under a federal law called the RICO Act (Racketeering Influenced and Corrupt Organizations Act.
Co-defendant Anthony Wright is set for sentencing Feb. 10.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Kansas Bureau of Investigation, the Ford County Attorney’s Office, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.Fourth Defendant in Ticket-Fixing Conspiracy Pleads GuiltyRead the Press Release
PHILADELPHIA – William Hird, 68, of Philadelphia, PA, pleaded guilty today to taking part in a fraud scheme involving judges at the former Philadelphia Traffic Court. Hird, who was Director of Records at the time, pleaded guilty to 18 counts, including conspiracy, wire fraud, mail fraud and lying to the FBI when questioned about ticket fixing at Traffic Court. Hird is the fourth defendant to plead guilty in the fraud conspiracy that the government alleges involved frequent and pervasive “ticket-fixing” at the Philadelphia Traffic Court. U.S. District Court Judge Robert F. Kelly has not yet set a sentencing date. Hird faces a possible advisory sentencing guideline range of 12 to 18 months in prison, before variances or departures.
Former traffic court judge Fortunato Perri, Sr., who pleaded guilty on March 13, 2013, would receive traffic citation numbers, the names of offenders, or the actual citations to arrange "fixing" the ticket and would convey the information to William Hird. Hird, in turn, allegedly conveyed the request to the assigned judge or the judge’s staff. Hird was extremely loyal to Perri given that Perri helped Hird move up the ladder to a high-level administrator at Traffic Court. Recorded conversations demonstrate that Hird acceded to Perri's requests to "fix" certain tickets. Given Hird's position at Traffic Court and access to the judges, Hird was able to facilitate requests for ticket fixing for Perri.
As part of the scheme, tickets were "fixed" by either being dismissed, finding the ticket holder "not guilty," or finding the ticket holder guilty of a lesser offense. In many cases, the ticket holder did not even appear in Traffic Court, yet their ticket was "fixed." As a result, the ticketholders paid lesser or no fines and costs, and evaded the assessment of "points" on their driving record. This widespread "ticket-fixing" defrauded both the Commonwealth of Pennsylvania and the City of Philadelphia of funds, and allowed potentially unsafe drivers to remain on the roads.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Denise S. Wolf and Anthony J. Wzorek.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Former Treasurer of Mayetta Fire District Pleads Guilty to EmbezzlementRead the Press Release
TOPEKA, KAN. - The former treasurer of the Mayetta Rural Fire District #1 pleaded guilty Monday to embezzling from the district, U.S. Attorney Barry Grissom said. In his plea, the defendant agreed to an order that he pay $427,042 in restitution.
Richard P. Bontrager, 67, Holton, Kan., pleaded guilty to one count of embezzlement. In his plea, he admitted that in 2008 he began embezzling from the fire district by issuing checks with the forged signatures of members of the board of the fire district. The checks were made payable to R & S Services, a fictitious entity Bontrager created so he could deposit the fraudulent checks into his own account at Denison State Bank. From 2008 to 2012 he made approximately $427,042 in unauthorized transfers from the fire district’s accounts.
Sentencing is set for April 14. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Jackson County Sheriff’s Office and the FBI investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
In addition, without the knowledge of the board of the fire district he falsified loan documents to obligate the fire district to monthly lease payments on a Polaris Ranger UTV and a 1988 Chevrolet 1-ton brush truck. He created false board minutes to make it appear the board had approved the lease payments.Former Postal Worker Sentenced for Mail TheftRead the Press Release
BOSTON – A former mail sorter, who last year pleaded guilty to stealing mail, was sentenced today in U.S. District Court.
Michael Gilman, 27, of Taunton, was sentenced by Senior U.S. District Court Judge Mark L. Wolf to one year of probation and ordered to pay $789 in restitution. In April 2013, Gilman pleaded guilty to theft of mail.
Gilman, a mail sorter for the U.S. Postal Service in Brockton, had opened greeting cards, stealing their contents over a two-month period. The senders of these cards included parents, grandparents and friends, whose intended recipients never received their gifts and greeting cards. Gilman’s theft resulted in monetary loss to 20 victims.
United States Attorney Carmen M. Ortiz and Rafael Medina, Special Agent in Charge of the U.S. Postal Service, Office of Inspector General, Northeast Area Field Office, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Ortiz’s Public Corruption and Special Prosecutions Unit.
Former Official of Pop Warner Admits Stealing Hundreds of Thousands of Dollars from the OrganizationRead the Press Release
TRENTON, N.J. – The former regional director of the Eastern Region of Pop Warner Little Scholars Inc. (Pop Warner) today admitted stealing hundreds of thousands of dollars from the organization and using the funds for his personal benefit, U.S. Attorney Paul J. Fishman announced.
David Marshall, of Jackson, N.J., pleaded guilty today before U.S. District Judge Joel A. Pisano in Trenton federal court to an information charging him with one count of wire fraud.
According the documents filed in this case and statements made in court:
Between 2005 and 2011, Marshall performed work for Pop Warner on a voluntary basis and held various positions. From 2006 through 2011, Marshall was the regional director for the Eastern Region of Pop Warner. He was responsible for handling the finances of the Eastern Region and had access to its bank and credit card accounts. Marshall used his authority to steal hundreds of thousands of dollars from Pop Warner. He improperly used funds from Pop Warner bank accounts to pay off personal debts and make cash withdrawals. Marshall also used a Pop Warner credit card to purchase personal items and other things unrelated to Pop Warner.
The wire fraud count to which Marshall pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine. As part of the plea, Marshall agreed to pay restitution to the victim of the offense in an amount that will be determined at sentencing, which is scheduled for June 25, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the U.S. Attorney’s Office Criminal Division in Trenton.14-028
Defense counsel: Brian P. Reilly Esq., Assistant Federal Public Defender, TrentonMarshall Information
Former Modesto Real Estate Broker Sentenced to 10 Years in Prison for Mortgage Fraud ScamRead the Press Release
FRESNO, Calif. – James Lee Lankford, 74, formerly a Modesto-based real estate broker, was sentenced today by Senior U.S. District Judge Anthony W. Ishii to 10 years in prison for orchestrating an 11-year mortgage fraud scam that looted elderly homeowners and lending institutions of close to $10 million dollars, United States Attorney Benjamin B. Wagner announced.
Lankford’s co-defendant, Jon Vance McDade, 49, formerly of Modesto, was sentenced to one year of home detention to be followed by a five-year term of supervised release, in connection with the same mortgage fraud scam. (McDade and Lankford have married and McDade is now known as Jon Vance Lankford.) The two were ordered to forfeit their interests in various properties and to pay $1,443,826 in restitution to the victims of the fraud scheme.
According to court documents, Lankford, who operated Century 21-Apollo Realty as a real estate agent and broker, fraudulently induced elderly property owners to sell their homes to him and to provide the financing for the purchase. In return, Lankford agreed to make interest-only payments and to pay the principal at a future date. Lankford fraudulently induced the elderly sellers into believing that their financing was secured by the property itself by filing deeds with the county recorder’s office. Unbeknownst to the elderly sellers, Lankford also obtained mortgages from lending institutions to finance the purchase of the same properties. In order to obtain the mortgages, Lankford would not inform the lending institutions that he had obtained seller-backed financing. Lankford and co-defendant McDade also made other material misrepresentations on the loan applications and in some instances, submitted falsified documents regarding monthly income to ensure approval for the loans.
In many instances, Lankford then refinanced the properties with another lending institution after filing fraudulent deeds purportedly showing that the elderly property owners had been paid in full. After eliminating the seller’s lien on the property, Lankford would then obtain refinancing and draw out any equity that had accumulated in the property. Lankford, having refinanced the property, and in some instances having obtained additional financing by reselling the property to co-defendant McDade, would then allow the property to go into foreclosure, or would sell it as a short sale.
“James Lankford preyed on elderly homeowners in the course of his scheme,” U.S. Attorney Wagner said. “The sentence imposed in this case appropriately reflects the cruelty of Lankford’s conduct.”
“James Lee Lankford participated in a fraudulent scheme that preyed on elderly victims and the banking industry causing millions of dollars in losses to those individuals and to Fannie Mae,” said Michael P. Stephens, Acting Inspector General for the Federal Housing Finance Agency’s Office of Inspector General (FHFA-OIG). “We will continue to work with our law enforcement partners to dismantle such schemes and hold all involved accountable, just as Lankford was held accountable.”
“Lankford’s elaborate scheme was damaging not only to individual victims but also to lenders and the local economy,” said Special Agent in Charge Monica M Miller of the Sacramento division of the FBI. “He used vulnerable, elderly citizens as mere pawns in his elaborate scheme, carelessly and irreparably damaging their financial wellbeing while defrauding lenders to elevate his own lifestyle, lining his pockets with ill-gotten gains. This case exemplifies the importance of partnership among federal and local law enforcement agencies for successful investigation and pursuit of justice for victims of financial crime.”
This case was the product of an investigation by the FBI, the FHFA-OIG, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorneys Christopher Baker and Michael Tierney prosecuted the case.
This case was done in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.
Former Employee of Financial Brokerage Sentenced to over Five Years in Federal Prison for Fraud and Identity TheftRead the Press Release
A former employee of a financial brokerage firm in Mason City, Iowa, who stole $391,725.31 from multiple firm clients was sentenced today to more than five years in federal prison.
Teresa Dorenkamp, 42, from Mason City, Iowa, received the prison term after an August 26, 2013, guilty plea to one count of wire fraud and one count of aggravated identity theft.
In a plea agreement, Dorenkamp admitted that, while employed by the financial brokerage, she fraudulently obtained money from the firm’s clients by falsely depositing money belonging to the clients into Dorenkamp’s or her husband’s bank accounts. Dorenkamp admitted one such false deposit occurred on June 3, 2011, when Dorenkamp had $36,139.60 wire transferred from a client’s investment account into Dorenkamp’s own bank account. Dorenkamp further admitted she forged the signature of that client in order to complete the false deposit. Dorenkamp further admitted she caused $391,725.31 in fraudulent transfers and deposits from May 2007 through August 2011.
Dorenkamp was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Dorenkamp was sentenced to 65 months’ imprisonment. A special assessment of $200 was imposed, and she was ordered to make $391,725.31 in restitution. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Dorenkamp was released on conditions previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation and the Mason City Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 13-CR-03032.
Former Chief of St. Louis Park Rangers Sentenced on Fraud ChargesRead the Press Release
St. Louis, MO - THOMAS STRITZEL, Former Chief of the St. Louis Park Rangers, was sentenced to 36 months in prison on charges that he and Joseph Vacca, Former Deputy Commissioner of the St. Louis Parks Division, defrauded the City of St. Louis of approximately one-half million dollars by submitting false invoices for materials and services supplied to the Parks Division. He appeared before United States District Judge Carol E. Jackson in St. Louis.
According to court documents at the time of their guilty pleas, from January 1, 2005, to December 31, 2012, Vacca and Stritzel embezzled funds of the City of St. Louis based upon the submission of sham and false invoices, which included false charges of approximately $472,722. They used the funds for their own personal use, including lease payments on personal vehicles, fuel costs, the payment of personal credit card charges and other personal living expenses unrelated to the legitimate operations of the St. Louis Parks Division.
Vacca and Stritzel set up a sham company called Dynamic Management and then funneled city funds received through the submission of false and sham invoices to Dynamic Management's bank account. They then used those fraudulently obtained funds for their own personal use, including leasing personal vehicles, payment of fuel costs and the payment of personal credit card charges.
Stritzel, St. Louis, mo, was also ordered to pay restitution of $472,722.
Joseph Vacca, St. Louis, MO, was sentenced in December to 36 months in prison, and ordered to pay restitution to the City of St. Louis in the amount of $472,722.
This case was investigated by the Federal Bureau of Investigation and the St. Louis Metropolitan Police Department. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney's Office.
Former Afro Dogs National Vice President Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ricky Allen, 57, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to time served and five years supervised release by U.S. District Judge Richard J. Arcara. As part of his sentenced, the defendant is prohibited from any affiliation with the Afro Dogs Motorcycle Club or any another motorcycle gang.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who prosecuted the case, stated that the defendant was a former National Vice-President of the Afro Dogs Motorcycle Club. From 2009 through March 2011, Allen assisted co-conspirator John Smith in storing quantities of cocaine at his home.
Allen was intercepted on a wiretap of Smith’s telephone receiving directions for the packaging and distribution of the cocaine. The conversations also included discussion of information that Allen obtained in his position with the Buffalo Joint Commission to Examine Police Reorganization.
The defendant was ordered to forfeit a 2010 Harley Davidson motorcycle, a vehicle and approximately $28,200.00 in United States currency.
Allen was arrested in March 2011 along with 11 other defendants. A total of nine defendants, included Allen, were convicted. Eight of the defendants have been sentenced, while a ninth defendant, John Smith, died before his sentencing. Three defendants were acquitted following a jury trial.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation under the direction of Special Agent in Charge Brian P. Boetig, The New York State Police, under the direction of Major Wayne Olson, the Buffalo Police Department under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Tonawanda Police Department under the direction of Chief Anthony Palombo, the Lockport Police Department under the direction of Chief Lawrence Eggert, and the Internal Revenue Service, Criminal Investigations, under the direction Special Agent-in-Charge Toni M. Weirauch, Special Agent in Charge.Five Defendants Sentenced for On-line Trafficking of Prescription DrugsRead the Press Release
Department of Justice
Office of Public AffairsSHERMAN, Texas – Five men have been sentenced to federal prison this week for prescription drug trafficking in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Khuda Balouch Buksh, 47, a Pakistani national living in Duncanville, Texas, pleaded guilty on Jan. 16, 2013 to conspiracy to possess with intent to distribute a controlled substance and was sentenced to 36 months in federal prison on Jan 24, 2014 by U.S. District Judge Marcia Crone. Buksh was ordered to be deported following the completion of his prison sentence.
Sikander Ali Teepu, 29, a Pakistani national living in Wantagh, NY, pleaded guilty on Aug. 26, 2013 to conspiracy to possess with intent to distribute a controlled substance and was sentenced to 18 months in federal prison on Jan. 24, 2014 by Judge Crone.
Haroon Ahmad Tanooli, 31, a Pakistani national living in Sugarland, Texas, pleaded guilty on Aug. 13, 2013, to conspiracy to possess with intent to distribute a controlled substance and was sentenced to 18 months in federal prison on Jan. 24, 2014 by Judge Crone.
Mustajab Ali Raza, 28, a Pakistani national living in Brighton, MN, pleaded guilty on Aug. 21, 2013 to conspiracy to possess with intent to distribute a controlled substance and was sentenced to 12 months and one day in federal prison on Jan. 22, 2014 by Judge Crone. Raza was ordered to be deported following the completion of his prison sentence.
Saaim Aslam, 31, of Irvine, CA, pleaded guilty on Aug. 26, 2013, to conspiracy to possess with intent to distribute a controlled substance and was sentenced to 12 months and one day in federal prison on Jan. 22, 2014 by Judge Crone.
According to information presented in court, beginning in 2009, the defendants conspired to import and distribute controlled substances, specifically Methylphenidate, Amphetamine, Oxycodone, Hydrocodone, alprazolam, and Diazapam, to others by way of a large on-line pharmaceutical operation. A federal indictment was returned by a grand jury on April 12, 2012 charging federal drug trafficking violations.
“The sentencing of these defendants demonstrates DEA’s commitment, along with our Federal partners from IRS, Homeland Security Investigations, the United States Postal Inspection Service, and the U. S. Attorney’s Office, to rid our communities here in North Texas of the sweeping epidemic of on-line prescription drug fraud and abuse,” said Daniel R. Salter, Special Agent In Charge of the Dallas Field Division. “Enforcement entities nationwide are aggressively pursuing prosecutions of any individuals who attempt to import and distribute these adulterated, misbranded, and counterfeit controlled substances. We are proud to be a part of these efforts.”
“IRS Criminal Investigation assisted DEA by utilizing our financial expertise to follow the money and unravel a complex web of international money laundering transactions that spanned multiple countries,” said Damon Rowe, IRS CI Special Agent in Charge in Dallas, Texas. “This analysis resulted in uncovering the sophisticated financial network that supported this drug trafficking organization.”
This case was the result of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration and the Internal Revenue Service – Criminal Investigation and prosecuted by Assistant U.S. Attorney Stevan Buys.
Federal Jury Finds Albuquerque Man Guilty on Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Late this afternoon a federal jury returned a verdict finding Antonio Gutierrez, 44, of Albuquerque, N.M., guilty on three production of child pornography charges after a five-day trial. The announcement was made by Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division and Albuquerque Police Chief Allen Banks.
In announcing the jury’s verdict, Acting U.S. Attorney Steven C. Yarbrough said, “The jury’s verdict clearly demonstrates that this community will not tolerate predatory acts like the ones carried out by Antonio Gutierrez. Rather than provide the trusting, protective environment the child living in his home deserved, Mr. Gutierrez instead sexually exploited her. He must now face the full consequences of the law for his actions.”
Gutierrez was arrested in Aug. 2012, based on a criminal complaint alleging that he induced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Gutierrez subsequently was charged with three counts of production of child pornography in a superseding indictment alleging that he committed the offenses between Aug. 2011 and Nov. 2011 in Bernalillo County, N.M.
Trial against Gutierrez began on Jan. 21, 2014, where the victim testified that in May 2011, Gutierrez gave her a cellphone on her 16th birthday and told her that he would pay for the first month of service. In June 2011, Gutierrez told the victim that he would pay the cellphone service bill if she repaid him with nude photographs of herself. The victim used her cellphone to take two photographs of her without clothes and sent the images to Gutierrez’s cellphone.
The victim testified that this began a monthly cycle of Gutierrez refusing to pay for her cellphone service unless she provided nude photographs of herself. With each passing month, Gutierrez escalated the nature and extent of the sexual conduct in which the victim was required to engage when photographed. For example, On Aug. 1, 2011, Gutierrez demanded to be in the photographs and took photographs as he posed nude next to and on top of the nude victim. On Aug. 2, 2011, Gutierrez positioned the victim in sexually explicit poses before taking photographs of her. And on Sept. 26, 2011, Gutierrez took photographs after positioning his genitals against the victim’s genitals.
In Nov. 2011, after the victim reported Gutierrez’s unlawful conduct to the Albuquerque Police Department, officers executed a search warrant at Gutierrez’s residence and seized computers, computer-related media and cellphones. A subsequent forensic examination of Gutierrez’s personal computer revealed many sexually explicit photographs, including sexually explicit photographs of the victim taken by Gutierrez.
Gutierrez took the stand in his own defense and denied that he produced any child pornography as alleged in the superseding indictment. Gutierrez also claimed that he did not know how the child pornography ended up on his computer. The jury deliberated approximately three hours before returning a verdict of guilty on each of the three counts of the superseding indictment.
Gutierrez is in custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Gutierrez faces a mandatory 15 and a maximum of 30 years in federal prison followed by a term of supervised release to be determined by the court.
FBI Special Agent in Charge Carol K.O. Lee stated, “Few crimes that the FBI investigates are as heartbreaking as the production of child pornography. We hope this verdict sends a clear signal to anyone who would endanger our children's innocence by committing this crime: we are looking for you, we will find you, and we will make sure you are prosecuted to the fullest extent of the law. I thank the FBI Special Agents and New Mexico Regional Computer Forensics Lab staff who worked so diligently on this case, along with the Albuquerque Police Department.”
This case was investigated by the Albuquerque office of the FBI, the Albuquerque Police Department and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorneys Jennifer M. Rozzoni and Marisa A. Lizarraga are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 75 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Federal Court Shuts Down Spyware Product PermanentlyRead the Press Release
ALEXANDRIA, Va. – Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, announced today that U.S. District Judge Leonie M. Brinkema has put a permanent stop to the advertising, marketing, or sale of the spyware application (or “app”) called StealthGenie. The court preliminarily shut down the app in September, when it issued a temporary restraining order. The court has now permanently enjoined use of and access to the app.
Before it was shut down the StealthGenie app could be installed on a variety of smartphones and operated without the user’s knowledge. It allowed the purchaser of StealthGenie software to: monitor the smartphone user’s incoming and outgoing phone calls; intercept calls in real time without the knowledge of the smartphone user; monitor the smartphone user’s email and text messages; and activate the phone without the user’s knowledge so conversations within earshot of the smartphone could be monitored. All of this could be done without the knowledge of the smartphone user.
In September, the United States filed a civil lawsuit against app creator Hammad Akbar, of Lahore, Pakistan, asking the court to order that the app be shut down immediately, temporarily, and then permanently. Mr. Akbar was arrested in Los Angeles, California, on September 27, 2014, for violating a federal law that prohibits the manufacturing, sale, or possession of any device whose primary purpose is the surreptitious interception of wire, oral, or electronic communications. In November 2014, Akbar pled guilty to related charges in the Eastern District of Virginia. The law also allows the United States to ask a court to prohibit the production, use, or possession of the device.
The court’s order is the result of a coordinated effort by Assistant U.S. Attorneys Kevin Mikolashek and Jay Prabhu of the U.S. Attorney’s Office for the Eastern District of Virginia; William Hall of the United States Department of Justice Criminal Division; and the Federal Bureau of Investigation.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14cv1273 and 1:14cr276.Tweet
Cranston Man Sentenced to 50 Months in Federal Prison for Trading Xanax Pills for FirearmsRead the Press Release
PROVIDENCE, R.I. –Donald Robbio, 56, of Cranston, was sentenced today to 50 months in federal prison for trading the pharmaceutical drug Xanax for two firearms, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Robbio was arrested on June 28, 2013, moments after he exchanged a significant number of Xanax pills for a 9 millimeter pistol and .380 caliber handgun with an undercover ATF agent.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Robbio to serve three years supervised release upon completion of his prison term. Robbio pleaded guilty on September 12, 2013, to being a felon in possession of a firearm. According to information presented to the court, Robbio was convicted previously in state court on felony assault, firearm and manslaughter charges.
At the time of his guilty plea, Robbio admitted to the court that on June 21, 2013, he contacted an undercover ATF agent who was posing as an individual interested in purchasing a controlled substance and in selling firearms. Robbio told the agent he had 300 Xanax pills for sale and inquired if the agent had a “toy to play with.” Three days later, Robbio again engaged the ATF agent in a telephone conversation and arranged to meet the agent in person in order to provide a sample of Xanax pills he was offering. The next day, Robbio sold the agent 35 Xanax pills for $100, and agreed, at Robbio’s request, to meet again to exchange an additional $700 worth of Xanax pills for two firearms. On June 28, 2103, at Robbio’s request, the two men met in a parking lot in Cranston where Robbio exchanged a bag containing 140 Xanax pills for the firearms. Robbio was taken into custody immediately by agents from ATF.
The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Court Permanently Enjoins Georgia Tax Return PreparerRead the Press Release
A federal district judge in the Statesboro Division of the Southern District of Georgia has permanently barred Lakesia Michelle Mills of Adrian, Ga., from preparing federal income tax returns for others, the Justice Department announced today. The injunction also requires Mills to send copies of the injunction to her customers.
According to the complaint filed by the department on Nov. 1, 2013, Mills is a paid tax return preparer who does business as Willis Tax Service. The complaint alleges that, since January 2011, Mills has prepared at least 455 amended federal income tax returns that claimed overstated refunds based upon fabricated First-Time Homebuyer Credit claims for $8,000, which is the maximum amount. Mills also allegedly provided customers with false settlement statements and proof of insurance to support the credit. The complaint also alleges that Mills failed to sign the returns she prepared or to include her tax preparer identification number as required. Altogether, Mills allegedly claimed over $3.6 million in bogus credits on the amended returns. Mills consented to the entry of the injunction without admitting to any findings of fact.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2013. The Internal Revenue Service has tips for choosing a tax preparer www.irs.gov/Tax-Professionals/Choosing-a-Tax-Professional In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the department website.
Related Materials:
United States v. Lakesia Michelle Mills
Complaint for Injunctive Relief
Final Judgment of Permanent Injunction Against Lakesia Michelle Mills d/b/a Willis Tax ServiceCouncil Bluffs Man Sentenced on Firearm ChargeRead the Press Release
COUNCIL BLUFFS, IA - On January 24, 2014, Michael Phillip Castor, age 40 of Council Bluffs, Iowa, was sentenced by Senior Judge Robert W. Pratt, in United States District Court in Council Bluffs on a charge of felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Senior United States District Court Judge Robert W. Pratt sentenced Castor to 110 months imprisonment, to be followed by three years of supervised release. Castor was also ordered to forfeit the firearm and ammunition he possessed, and to pay a $100.00 special assessment for the Crime Victim Fund. Castor remained in the custody of the United States Marshal pending designation of the Federal Bureau of Prisons facility at which he will serve his sentence.
In sentencing Castor, Judge Pratt found that Castor was subject to the enhanced sentencing provisions of the Armed Career Criminal Act, which increases the sentence of a convicted felon in possession of a firearm based on prior serious drug felony or felony violent crime convictions. Castor was found to have three prior violent crime convictions in Nebraska, including burglary, robbery, and the use of a firearm to commit a felony.
The charge arose from a Council Bluffs, Iowa, Police Department investigation into a stolen motorcycle. During the search of a residence associated with Castor, officers found a loaded 9mm pistol. Officers had previously found on Castor’s person four rounds of ammunition which matched the make and caliber of the ammunition in the loaded pistol.
The case was investigation by the Council Bluffs, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Colbert County Sheriff's Capt. Timothy Vanderford Receives Federal Law Enforcement AwardRead the Press Release
TUSCUMBIA -- Colbert County Sheriff's Capt. Timothy Bryan Vanderford today received a national law enforcement award recognizing his integral role in the multi-agency investigation and federal prosecution of Ricky Walter Denton for armed bank robbery, identity theft and filing false federal tax returns.U.S. Attorney Joyce White Vance, Internal Revenue Service Criminal Investigation Special Agent in Charge Veronica Hyman-Pillot, FBI Special Agent in Charge Richard D. Schwein Jr., and Colbert County Sheriff Ronnie May announced the presentation of Vanderford's award.
James Nolan, president of the Birmingham-based chapter of the Federal Law Enforcement Officers Association, presented Vanderford with the FLEOA's 2012 State, County, Local or Special Police Investigative Award in a ceremony at the Colbert County Sheriff's Office in Tuscumbia. IRS Criminal Investigation Special Agent Matt Austin nominated Vanderford for the award. FLEOA presents national awards annually and last year announced Vanderford as its only 2012 recipient in the State, County, Local or Special Police category.
Vanderford, now Colbert County's chief investigator, was a sergeant in the department's Investigations Section when Denton, of Tuscumbia, robbed First Southern Bank in Colbert County in December 2009. The FBI and the Colbert County Sheriff's Office began investigating the bank robbery, and Vanderford was instrumental in conducting interviews, executing search warrants and testifying in hearings and at the trial that led to Denton's armed bank robbery conviction, Austin said in his nomination letter. During the course of the robbery investigation, Vanderford discovered that Denton also was running a federal tax fraud scheme by using stolen identities of Alabama State Prison inmates to create false tax returns. At the time of Denton's prosecution in 2011, the prison identity-theft scheme was the largest known to the IRS in Alabama, according to Austin. Denton and a co-conspirator, Joann Choat, stole $148,000 from the IRS while Denton was in the state prison system.
"Capt. Tim Vanderford is an intelligent, hardworking, very capable investigator who is extremely diligent in reviewing all aspects of a case for the victim," Sheriff May said. "I am proud for him; he truly deserves this award."
"It is always a privilege to work with local law enforcement in an effort to protect and serve the public. We are extremely pleased that Capt. Vanderford, during the investigation, recognized the identity theft scheme and collaborated with us and other law enforcement to bring it to an end," said IRS SAC Hyman-Pillot. "Capt. Vanderford's years of training, hard work and perseverance have served him well, and we look forward to working with him again in the future."
"Capt. Vanderford's tenacity and attention to detail led to uncovering additional crimes, for which Denton and Choat are now being held accountable. This was simply outstanding work on his part and exemplifies what can be accomplished when law enforcement comes together in a spirit of cooperation with a common goal," said FBI SAC Schwein.
Vanderford began his law enforcement career with the Colbert County Sheriff's Office in 1996. He has received many awards for his work during that time, including Officer of the Year from both the Sheffield Elks Lodge and the Colbert County Exchange Club, 1999; Roper Marksmanship Award for Colbert County, 2000; and Alabama Governor's Office Law Enforcement Medal of Distinction, 2008. Vanderford also is a recent graduate of the FBI National Academy.Clovis Man Sentenced for Aiming Laser at Sheriff HelicopterRead the Press Release
FRESNO, Calif. — Charles Conrad Mahaffey, 23, of Clovis, was sentenced today to 21 months in prison for aiming a laser pointer at a Fresno County Sheriff’s Office helicopter, U.S. Attorney Benjamin B. Wagner announced.
Mahaffey’s sentence follows his guilty plea last November. According to court documents, Mahaffey deliberately tracked and struck Eagle 1, a Fresno County Sheriff’s Office helicopter, with a powerful red laser while the aircraft was assisting ground units on a call for a domestic disturbance. As a result, the pilot was distracted by the intense light and forced to break away from the call. The pilot reported the laser strikes to Air Traffic Control at the Fresno Yosemite International Airport and, with the help of the Clovis Police Department, was able to locate the source of the laser and identify Mahaffey as the suspect. In pleading guilty, Mahaffey admitted he knew it was a crime to point the laser at an aircraft but stated he, “just can’t help himself from doing stupid things.”
“Shining a hand-held laser at an aircraft in flight is a serious, illegal act that puts both air crew and the public on the ground at serious risk,” said Special Agent in Charge Monica M. Miller of the Sacramento division of the FBI. “Hand-held lasers are well labeled to inform owners of their potential risk to health and safety, cautioning owners against improper use. Ignorance is no excuse for such reckless action and we are committed to working with our law enforcement partners to locate and identify individuals who have total disregard for life and safety.”
“The Fresno County Sheriff’s Office Air Support Unit provides critical support to the public and to all law enforcement agencies in the region,” stated Fresno County Sheriff Margaret Mims. “The illegal use of a laser creates a severe danger to our deputies in the helicopter and in turn, the public at large. This crime could have had disastrous results.”
Laser beams pose a serious safety hazard to flight operations. The focused beams of a laser remain powerful at extended viewing distances and can expose pilots and their crew members and passengers to radiation levels above those considered to be flight safe. Brief exposure to even a relatively low-powered laser beam can cause discomfort and temporary visual impairments such as glare, flash blindness and after images. Prolonged exposure to high-powered laser beams can and has resulted in permanent eye injury. In 2013, there were 3,960 laser illumination incidents reported to the Federal Aviation Administration, an average of 10.85 strikes per day. Airports in the 34 counties of the Eastern District of California reported 94 laser strikes in 2013, or more than seven laser illumination incidents per month. The Fresno Yosemite International Airport and Meadows Field Airport reported the highest number of laser illuminations followed by the Sacramento International Airport.
This case was the product of an investigation by the Federal Bureau of Investigation, Clovis Police Department, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Ceredo Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
Huntington, W.Va. - U.S. Attorney Booth Goodwin announced that Helen Louise Adkins, of Ceredo, pleaded guilty today in federal court to distributing heroin to an undercover Drug Enforcement Administration (DEA) Agent.
In January of 2013, Adkins sold two grams of heroin to an undercover DEA agent in the parking lot of a Huntington grocery store. When confronted, Adkins admitted that she was involved in a drug conspiracy with Bobby Nelson Gulley and Alanna Lynn Mattison to transport heroin and oxycodone from Detroit, Michigan for distribution in Huntington. Between January and August of 2013, Adkins allowed Gulley to sell the drugs from her apartment at 522 14th Street West in Huntington.
In August of 2013, agents searched multiple locations associated with the drug conspiracy. During the search, agents recovered over 140 grams of heroin, 974 oxycodone tablets and $12,000 in cash. Gulley pleaded guilty on January 21, for his involvement in the conspiracy.
Adkins faced up to 20 years in federal prison. Sentencing is scheduled for April 28, 2014. DEA and the Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state, and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Ceredo Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
Huntington, W.Va. - U.S. Attorney Booth Goodwin announced that Helen Louise Adkins, of Ceredo, pleaded guilty today in federal court to distributing heroin to an undercover Drug Enforcement Administration (DEA) Agent.
In January of 2013, Adkins sold two grams of heroin to an undercover DEA agent in the parking lot of a Huntington grocery store. When confronted, Adkins admitted that she was involved in a drug conspiracy with Bobby Nelson Gulley and Alanna Lynn Mattison to transport heroin and oxycodone from Detroit, Michigan for distribution in Huntington. Between January and August of 2013, Adkins allowed Gulley to sell the drugs from her apartment at 522 14th Street West in Huntington.
In August of 2013, agents searched multiple locations associated with the drug conspiracy. During the search, agents recovered over 140 grams of heroin, 974 oxycodone tablets and $12,000 in cash. Gulley pleaded guilty on January 21, for his involvement in the conspiracy.
Adkins faced up to 20 years in federal prison. Sentencing is scheduled for April 28, 2014. DEA and the Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state, and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Carbon County Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lansford, Carbon County, resident pleaded guilty today in U.S. District Court in Scranton, before Senior United States District Judge Edwin M. Kosik, to the charge of distributing cocaine.
According to United States Attorney Peter J. Smith, Joseph Revell, age 21, admitted to distributing cocaine in the Carbon County area between January 2011 and September 2012.
Revell is the fifth defendant to enter a guilty plea in connection with the joint federal-local investigation. Previously, Bonnie Vosburgh, age 22, of Nesquehoning, Victoria Argott, age 34, of Lansford, Ceres Lozada, age 27, of Nesquehoning, and Alexander “Butch” Sommers, age 47, of Summit Hill, entered guilty pleas and admitted to participating in the same cocaine trafficking conspiracy.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nesquehoning and Lansford Police Departments.
The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
In this particular case, the maximum penalty under the federal statute is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Canadian Citizen Pleads Guilty to Shipping Cocaine to Canada; Sham Marriage Revealed During Court ProceedingsRead the Press Release
FRESNO, Calif. — Manjot Nanner , 32, a resident of Fresno and Canadian citizen, pleaded guilty today to conspiring to distribute cocaine, United States Attorney Benjamin B. Wagner announced.
According to court documents, Nanner helped set up a Fresno trucking company intending that cocaine would be concealed in legitimate cargo to be shipped to Canada. As part of the conspiracy, on September 21, 2012, another person was sent to Los Angeles and obtained eight kilograms of cocaine. Law enforcement seized that cocaine and arrested Nanner and others. A follow-up search warrant on September 21, 2012, at the Los Angeles residence resulted in the seizure of an additional 40 kilograms of cocaine.
Nanner has been in custody without bail since his arrest on September 21, 2012. He was originally ordered to be released on bond. However, the Court reversed its order when the government established that the Nanner’s purported ties to Fresno included a sham marriage.
This case is the product of an investigation by the Organized Crime Drug Enforcement Task Force with assistance from the Drug Enforcement Administration, and the Fresno Police Department, with assistance from the Fontana and Vernon Police Departments. Assistant United States Attorney Kevin Rooney is prosecuting the case.
Nanner is scheduled to be sentenced by Judge Anthony W. Ishii on April 7, 2014. Nanner faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF 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.
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Burlington, Iowa, Men Sentenced on Federal Cocaine ConspiracyRead the Press Release
DAVENPORT, IA – On January 24, 2014, Akeem Levelle Eison, age 28, and Zachary Robert Shullaw, age 36, both of Burlington, Iowa, were sentenced by United States District Judge John A. Jarvey for conspiracy to distribute cocaine, announced United States Attorney Nicholas A. Klinefeldt. Eison was sentenced to 100 months imprisonment. Shullaw was sentenced to 37 months imprisonment. Both were also ordered to serve three years of supervised release following the imprisonment and to pay $100 towards the Crime Victims Fund.
Beginning in approximately March 2012 and continuing until about April 24, 2013, Eison and Shullaw conspired with other persons to distribute cocaine in the Burlington, Iowa area. Specifically, Shullaw personally sold undercover law enforcement personnel cocaine in ounce quantities. Eison distributed cocaine during the course of the conspiracy including providing co-defendant Shane Francis Culbertson with a multi-ounce quantity of drugs which Culbertson then arranged to sell to undercover law enforcement personnel.
On January 21, 2014, Judge Jarvey sentenced Culbertson to 30 months imprisonment and three years of supervised release following imprisonment for conspiracy to distribute cocaine. The remaining co-defendant, Corey Damon Keys, has pled guilty to conspiracy to distribute cocaine and is awaiting sentencing.
This case was investigated by the Iowa Department of Narcotics Enforcement, the United States Drug Enforcement Administration, the Burlington, Iowa, Police Department, and the Southeast Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Bradford County Husband and Wife Plead Guilty to Tax Fraud SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Tandy and Sandy Talada of Sayre, Pennsylvania pleaded guilty to a felony criminal information charging tax fraud on January 22, 2014 in Williamsport.
According to United States Attorney Peter J. Smith, Randy Talada and his wife Sandy Talada appeared before U.S. District Court Judge Matthew W. Brann. Randy Talada pleaded guilty to one count of conspiracy to commit mail fraud and tax evasion and Sandy Talada pleaded guilty to one count of tax evasion. The criminal information and plea agreements were filed on January 2, 2014.
Randy Talada faces a total potential sentence of 5 years’ incarceration and a fine of $250,000. Sandy Talada is facing a total potential sentence of 5 years’ incarceration and a fine of $100,000. Judge Brann ordered a pre-sentence report to be prepared by the Probation Department.
The criminal charges stem from an investigation conducted by the IRS, FBI, and the Athens Borough Police Department. Randy Talada was employed by the Athens, Pennsylvania American Legion Post 246, being paid under-the-table while at the same time collecting workers’ compensation and SSI, being allegedly totally disabled and physically unable to work. Talada was employed as the Bar Club manager, and during the time that he was so employed his wife, Sandy Talada “won” more than $100,000 in small games of chance at the American Legion over a four year period.
None of the income from Randy Talada’s cash salary nor Sandy Talada’s lottery/small game of chance “winnings” were reported on the couple’s joint federal tax returns. Randy Talada collected workers’ compensation while fraudulently claiming to be physically unable to work.
This case was investigated by the IRS, FBI and Athens Borough Police Department, and is being prosecuted by Assistant United States Attorney Todd K. Hinkley.
Bernice Rivera Sentenced for Bank MisapplicationRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant BERNICE RIVERA was sentenced on January 21, 2014, by Chief Judge Frances Tydingco-Gatewood in the District Court of Guam, to time served and two years of supervised release for the offense of Bank Misapplication.
The defendant, BERNICE RIVERA, was a bank employee at Coast 360 Federal Credit Union, and misapplied funds from a customer account in the amount of $11,891. The defendant had paid full restitution in advance of her sentencing.
This case was investigated by the Federal Bureau of Investigations and was prosecuted by Assistant
U.S. Attorney Frederick A. Black.Beatrice Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
On January 27, 2014, Angie Ray Shera, 39, formerly of Beatrice, Nebraska, was sentenced to six years in prison for conspiracy to distribute methamphetamine. Following the prison term, Shera will serve five years on supervised release.
Information provided to law enforcement indicated that between January of 2011 and February of 2013, Shera was involved with other persons in the distribution of 500 grams or more, (approximately 18 ounces), of methamphetamine in the Lincoln and Beatrice areas. On February 23, 2011, Shera was stopped by Lincoln Police officers after she left the Lincoln apartment of her source. Shera was found in possession of 10 grams of methamphetamine, and she admitted she had been selling methamphetamine. The source’s apartment was then searched and additional methamphetamine was found.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Bakersfield Marijuana Dispensary Owner Arrested, Charged with Conspiring with Others to Distribute Methamphetamine and MarijuanaRead the Press Release
FRESNO, Calif. — Adam Christopher Vega, 30, of Bakersfield, was arrested late Friday in Bakersfield after being charged in a seven-count federal indictment alleging that he and four co-conspirators trafficked in methamphetamine and marijuana, United States Attorney Benjamin B. Wagner announced.
The superseding indictment, returned by a federal grand jury in Fresno on January 16, 2014, charges Vega and co-defendants Baltazar Castaneda Garcia, 23; Jesus Manuel Peraza Ruiz, 54; and Robert Anthony Canchola, 26, all of Bakersfield, with conspiring to distribute methamphetamine. Those four persons and Eduardo Ortega Chavez, 32, of Oakland, are also charged with conspiring to manufacture and distribute marijuana.
According to court documents, Vega was the owner of the California’s Best Cooperative Inc., a medical marijuana dispensary in Bakersfield during the time he was allegedly trafficking in methamphetamine and marijuana. Court documents indicate that the defendants trafficked in marijuana and other controlled substances between Kern County and Oakland where defendant Chavez maintained a marijuana grow operation. In October 2013, Ruiz was stopped in Bakersfield with approximately six pounds of methamphetamine concealed in his vehicle as he was returning from Southern California. Garcia and Canchola are also charged with possession of methamphetamine and manufacturing marijuana in connection with substances that were seized during searches at three residences in Bakersfield on January 8, 2014, including two that contained indoor marijuana grow operations.
This case is the product of an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bakersfield Police Department, Kern County Sheriff’s Office, and Kern County Probation Department. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.
Vega will make his initial appearancebefore a U.S. Magistrate Judge in Bakersfield today. Defendant Ruiz was previously ordered detained in this case. Defendants Garcia and Canchola are temporarily detained pending a detention hearing today at 1:30 p.m. in Fresno. An arrest warrant has been issued for defendant Chavez.
If convicted, Vega, Garcia, Ruiz and Canchola face a maximum statutory penalty of 10 years to life in prison and a $10 million fine. If convicted, Chavez faces a maximum statutory penalty of five to 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Bakersfield Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
FRESNO, Calif. — Bradley James Ghilarducci, 66, of Bakersfield, pleaded guilty today to receipt of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, Ghilarducci admitted that between February and August 2012, he received images of minors engaged in sexual activity through the Internet.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Michael G. Tierney is prosecuting the case.
Ghilarducci is scheduled to be sentenced by Judge Lawrence J. O'Neill on April 14, 2014. Ghilarducci faces a statutory penalty of five years to 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
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Austin Area Doctor Indicted on Federal Drug ChargesRead the Press Release
In Austin this morning, 47-year-old Richard Edward Sofinowski surrendered to federal authorities to face federal drug trafficking charges announced United States Attorney Robert Pitman and Drug Enforcement Administration Acting Special Agent In Charge Steven S. Whipple, Houston Division.
A three–count federal grand jury indictment returned on last Tuesday charges Sofinowski, an Austin psychiatrist, and his co-defendant, 42-year-old Arza Demi of Austin, with one count of conspiracy to distribute methamphetamines and other controlled substances outside the scope of professional practice as well as two substantive drug distribution counts. Authorities allege that Sofinowski, with assistance from Arza, was responsible for doling out more than 400 prescriptions involving a variety of potent narcotic pain medications in exchange for methamphetamine and U.S. Currency.
The indictment also includes a request for a monetary judgment in the amount of $1 million representing the proceeds derived from the alleged criminal activity.
“Prescription drug abuse has become increasingly prevalent in the community, and it is especially serious when a licensed medical professional violates his professional duties as well as federal law in illegally dispensing controlled substances. If Dr. Sofinowski is found guilty of writing prescriptions for narcotics in violation of the law as charged by the grand jury, he will face serious consequences for enabling others’ dependence on drugs,” stated United States Attorney Robert Pitman.
Sofinowski was released on a personal recognizance bond during his initial appearance today. Demi remains in federal custody after her detention hearing, originally scheduled for this afternoon before U.S. Magistrate Judge Andrew Austin, was continued.Upon conviction, each defendant faces up to 20 years in federal prison.
This investigation was conducted by the Drug Enforcement Administration’s Diversion group in Austin. Assistant United States Attorney Mark Marshall is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are innocent until proven guilty in a court of law.
Auburn Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that
Kenneth Sales, 23, of Auburn, pled guilty today in U.S. District Court to possessing a firearm after being convicted of a misdemeanor crime of domestic violence.According to court records, on May 6, 2013, Auburn police officers investigating a report of a possible stabbing went to a residence where they found the alleged victim sitting in a car with Sales. As Sales got out of the car, officers saw a Hi-Point .45 caliber ACP pistol on the driver’s seat where he had been sitting. Sales later admitted possessing the gun. Sales was prohibited from possessing firearms at the time because he had been convicted of a misdemeanor crime of domestic violence in a Vermont state court.
Sales faces up to 10 years imprisonment, a fine of up to $250,000, or both. He will be sentenced after completion of a pre-sentence report by the United States Probation Office.
The investigation was conducted by the Auburn Police Department and the Bureau of
Alcohol, Tobacco, Firearms and Explosives.Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. –Dirk Alton Johnston, 33, of Mt. Vernon, Alabama, was sentenced today in federal court on drug and gun charges to a term totaling 160 months imprisonment. Judge Charles R. Butler, Jr., imposed the sentences on the two counts, conspiracy to manufacture methamphetamine, and using and carrying a firearm in furtherance of a drug trafficking felony. The judge ordered that Johnston serve 100 months on the drug count, and 60 months on the gun count, and required that the sentences run consecutively to each other. Johnston was also ordered to undergo drug testing and treatment when he is released from imprisonment, for a term of five years supervision. No fine was imposed but Johnston was ordered to pay $200 in special mandatory assessments.
The case was investigated by the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.
Almighty Imperial Gangster Member Convicted <br /> of Murder and Violent Crime OffensesRead the Press Release
Richard Reyes, a member of the Almighty Imperial Gangsters, has been convicted at trial for his role in violent acts as a member of a criminal street gang that operated in Northwest Indiana and is accused of engaging in drug trafficking and acts of violence, including murder, attempted murder and robbery.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney David Capp of the Northern District of Indiana made the announcement.
Reyes, 41, of Hammond, Ind., was convicted by a federal jury on Jan. 24, 2014, for his role in the murder of rival Latin King gang member Rene Alonzo on Sept. 16, 2007. According to evidence at trial, Reyes fatally shot Alonzo outside of the U.S. Bar in East Chicago. Reyes was convicted of conspiracy to participate in racketeering activity, conspiracy to distribute cocaine and marijuana, and murder in aid of racketeering activity, which each carry a maximum penalty of life in prison; and murder resulting from the use and carrying of a firearm during a crime of violence, which carries a minimum mandatory penalty of 10 years in prison consecutive to any other sentence and a maximum of life in prison.
Reyes was among 24 individuals charged in this investigation, and 22 have pleaded guilty, including six men who pleaded guilty in January 2014. Those charged are accused of having participated collectively in 14 murders and eight attempted murders from 2002 to 2012 as part of their criminal enterprise. Defendants are presumed innocent unless and until proven guilty at trial.
On Jan. 13, 2014, Salvador Chavez, 34, pleaded guilty before U.S. District Chief Judge Philip P. Simon in the Northern District of Indiana to conspiracy to participate in racketeering activity.
On Jan. 10, 2014, Jason Medina, aka Burns, 30; Edward Raye Serna, 34; and Armando Jose Velasquez, aka Money, age 26, all of East Chicago, Ind., pleaded guilty before Chief Judge Simon. Medina pleaded guilty to conspiracy to participate in racketeering activity; murder resulting from the use and carrying of a firearm during a crime of violence; and attempted murder in aid of racketeering activity, which carries a maximum penalty of 10 years in prison. Medina admitted that he used a firearm to murder Guadalupe Trevino on July 24, 2005, and attempted to murder a victim on June 6, 2011. Sentencing for Medina is scheduled for June 19, 2014. Edward Serna pleaded guilty to conspiracy to participate in racketeering activity and attempted murder in aid of racketeering activity and admitted to his participation in the same attempted murder on June 6, 2011. Sentencing for Edward Serna is also set for June 19, 2014. Velasquez pleaded guilty to conspiracy to participate in racketeering activity, murder resulting from the use and carrying of a firearm during a crime of violence, and attempted murder in aid of racketeering activity. Velasquez admitted he used a firearm on Dec. 3, 2011, when he attempted to murder a victim in aid of racketeering activity. Sentencing for Velasquez is scheduled for June 6, 2014.
On Jan. 3, 2014, Julian Guillermo Serna, aka Big Ju, 24, and Vincent Garza, aka Chente, 22, pleaded guilty before Chief Judge Simon. Julian Serna pleaded guilty to conspiracy to participate in racketeering activity and to murder resulting from the use and carrying of a firearm during a crime of violence. Julian Serna admitted that he used a firearm to murder Mario Soriano on March 25, 2008. Sentencing for Julian Serna is scheduled for July 25, 2014. Garza pleaded guilty to conspiracy to participate in racketeering activity and two counts of homicide in aid of racketeering activity, which each carry a maximum penalty of life in prison. Garza admitted that he participated in the murder of Michael Sessum and Miguel Mejias on June 3, 2008. Sentencing for Garza is scheduled for July 24, 2104.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the East Chicago Police Department and the Federal Bureau of Investigation, with assistance from the Gary Police Department, the Hammond Police Department and the Lake County High Intensity Drug Trafficking Area. The case is being prosecuted by Assistant United States Attorney David J. Nozick of the United States Attorney’s Office for the Northern District of Indiana and Trial Attorney Bruce Hegyi of the Criminal Division’s Capital Case Section.Alabama Man Indicted in Stolen Identity Tax Refund Fraud SchemeRead the Press Release
Deundra Milhouse was indicted for his role in a stolen identity refund fraud crime, Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney George L. Beck Jr. for the Middle District of Alabama announced today after the indictment was unsealed following Milhouse’s arrest.
Milhouse was charged with one count of access device fraud, three counts of wire fraud, four counts of aggravated identity theft and two counts of theft of public funds. According to the indictment, Milhouse filed and caused to be filed false federal income tax returns using the identities of other individuals. He then directed the refunds claimed on those returns to be deposited into accounts linked to prepaid debit cards and into an account at a credit union, from which Milhouse would then withdraw the fraudulently obtained refunds in cash.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Milhouse faces a statutory maximum potential sentence of 20 years in prison for the wire fraud count, a statutory maximum potential sentence of 10 years in prison for each theft of public money count and a mandatory two-year sentence for the aggravated identity theft counts. Milhouse is also subject to possible fines, forfeiture and mandatory restitution if convicted.
This case was investigated by special agents of the Internal Revenue Service - Criminal Investigation and the Elmore County Sheriff’s Office. Trial Attorneys Jason Poole and Michael Boteler of the Tax Division are prosecuting the case with the assistance of Assistant U.S. Attorney Todd Brown and the U.S. Attorney’s Office for the Middle District of Alabama.
Alabama Jury Convicts Current and Former Corrections Officers of Identity Theft and Tax FraudRead the Press Release
Following a week-long trial, a jury in the Middle District of Alabama convicted Bryant Thompson and Quincy Walton of conspiracy to defraud the United States on Jan. 24, 2014, announced Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney George L. Beck Jr. for the Middle District of Alabama. Thompson, an Alabama corrections officer, was also convicted of seven counts of wire fraud and seven counts of aggravated identity theft, and Walton, a former Alabama corrections officer, was also convicted of one count of aggravated identity theft.
According to evidence introduced at trial, Thompson was assigned to the shift clerk position at an Alabama state prison, which gave him access to the personal identifying information of every inmate in the custody of the Alabama Department of Corrections, past and present. Thompson and Walton, his former co-worker, used information stolen from the databases to file false federal income tax returns in the names and Social Security numbers of inmates. All of the inmates testified that they did not consent to the filing of the tax returns in their names, and many testified that they did not know tax returns were filed in their names until being called as witnesses in this trial.
According to the evidence introduced at trial, the investigation revealed that several internet protocol (IP) addresses were used to file the fraudulent tax returns, including one IP address directly assigned to Thompson’s residence at the time certain tax returns were filed. Circumstantial evidence tied both Thompson and Walton to the other IP addresses.
Also according to evidence introduced at trial, Thompson and Walton directed stolen tax refunds onto prepaid debit cards and requested other refunds in the form of U.S. Treasury Checks. Evidence showed that the cards and checks were mailed to several addresses associated with Thompson and Walton in Montgomery and Prattville, Ala., and that several of the checks were cashed at a local retail store by Walton’s uncle and at a local check casher. During this time, Thompson purchased a new paint job and new rims for his SUV and later purchased a BMW.
At sentencing, Thompson and Walton face a statutory maximum sentence of five years in federal prison for the conspiracy count and a statutory minimum of two years in prison for each aggravated identity theft conviction. Thompson also faces a statutory maximum of 20 years in prison for each wire fraud count. In addition to prison time, Thompson and Walton also face the possibility of fines and restitution to the IRS and other victims. Their sentences will be determined by a federal judge after consideration of the sentencing guidelines and statutory factors.
The case was investigated by IRS-Criminal Investigation and was prosecuted by Trial Attorneys Justin Gelfand, Jason Poole and Alexander Effendi of the Tax Division, with the assistance of the U.S. Attorney’s Office for the Middle District of Alabama.
15th Century Manuscript Repatriated to the Italian GovernmentRead the Press Release
TAMPA, Fla. – The Missal of Ludovico da Romagnano, a 15th century manuscript known as the San Lorenzo, was repatriated to the Italian government Monday by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was stolen nearly 25 years ago from the Capitular Archive of the Archdiocese in Turin, Italy.
A. Lee Bentley III, U.S. Attorney for the Middle District of Florida, Susan McCormick, special agent in charge of HSI Tampa, , and Adolfo Barattolo, the consul general for the Italian Consulate in Miami, participated in the repatriation ceremony.
In 1990, the Archdiocese in Turin hired a team of professors to inventory the church’s ancient archives in preparation for an upcoming exhibit. After that inventory concluded, the Archdiocese determined 263 parchment pages had been cut from a missal, a breviary and an antiphonary. They were all from the same collection. Additionally, a number of rare books were missing from the archives.
Italian authorities conducted an investigation that resulted in the arrest of two individuals – Pier Luigi Cimma and Franca Gatto. These individuals, husband and wife, were two of the professors who participated in the 1990 inventory, which provided them access to the church’s ancient archives. Cimma and Gatto confessed to the authorities that they had stolen several items, most of which they sold to a bookseller in Turin, Italy. The Monza Nucleo dei Carabinieri Tutela Patrimonio Culturale in Italy, a specialized police unit for cultural property, recovered some of the stolen items from Sotheby’s in London.
In April 2011, an officer from the Carabinieri unit discovered a newspaper article from January 2006 online. That article detailed information on an upcoming exhibition at the Florida International Museum called “Ink and Blood.” The exhibit detailed the development of the Bible. The article touched on an illuminated manuscript promised to the Special Collections Department at the University of South Florida Library. The manuscript was from a 15th century Italian missal, which was not only a religious document, but also a common form of art in the Middle Ages.
The Carabinieri called Professor Constanza Montel Segre as an expert witness in June 2011 to confirm the manuscript featured in this newspaper article was the one stolen from the archives. She confirmed with certainty that the 15th century manuscript was the San Lorenzo, page 212 from the Missal of Ludovico da Romagnano.
In March 2012, HSI Tampa received a mutual legal assistance treaty request from the Italian government for assistance in, among other things, recovering the manuscript. With assistance of the University of South Florida, HSI special agents located the manuscript at a residence in St. Petersburg. The individuals in possession of the manuscript were unaware it had been stolen and exported from Italy in violation of Italian law. They had purchased the manuscript in 1997 from an art dealer in Islamorada, and they provided a receipt for the purchase.
With information taken from the sale receipt, HSI special agents located and interviewed the owners of the Islamorada antique book and map store where the St. Petersburg couple purchased the manuscript. The store owners often traveled to England to attend book auctions and other similar events to obtain items for their store. The item was likely purchased in England – where the Italian government had previously located several other stolen Italian artifacts – and transported back to the United States. The store owners did not know the manuscript was stolen.
Through his attorney, the individual in possession of the manuscript voluntarily surrendered the stolen manuscript to the U.S. government in June 2012.
“International cooperation with our law enforcement partners was essential to the success of our investigation,” said Susan McCormick, special agent in charge of HSI Tampa. “Through our partnership with Italian authorities, we were able to track down and authenticate that the manuscript we located in St. Petersburg was indeed the 15th century San Lorenzo, an important piece of Italy’s cultural heritage.”
“The Washington Office of Homeland Security Investigations informed me that a manuscript stolen from the ancient curial archives in Turin, Italy, was recovered through the University of South Florida, who posted its photo on their website, ultimately leading the Homeland Security investigators to its recovery,” said Adolfo Barattolo, consul general for the Italian Consulate in Miami. “The significance of criminal theft of national treasures goes well beyond its monetary and artistic values, as it is a crime against culture itself, which is of great importance to Italy. Italy has more items on the Unesco World Heritage List than any other country, including historic cities, monuments, works of art, sculptures and landscapes. In this context, I am grateful to Tampa Homeland Security Investigations for recovering the artifact and for their prompt and constant contact and courtesy provided to this consulate general in Miami.”
“Today, the United States returns to Italy a stolen manuscript that, 700 years ago, was beautifully hand painted by an unknown Lombardian monk,” said A. Lee Bentley III, acting U.S. attorney. “In doing so, we have faithfully discharged our duties under our Treaty with the Republic of Italy, knowing that we have protected the interests of our friend and ally and protected a small piece of a historical legacy that belongs to all of us.”
HSI plays a leading role in criminal investigations that involve the illegal importation and distribution of cultural property, including the illicit trafficking of cultural property, especially objects that have been reported lost or stolen. The HSI Office of International Affairs, through its 67 attaché offices in 48 countries, works closely with foreign governments to conduct joint investigations, when possible.
HSI specially trained investigators, assigned to both domestic and international offices, partner with governments, agencies and experts to protect cultural antiquities. They also provide cultural property investigative training to law enforcement partners for crimes involving stolen property and art, and how to best enforce the law to recover these items when they emerge in the marketplace.
Since 2007, more than 7,150 artifacts have been returned to 26 countries, including paintings from France, Germany, Poland and Austria, 15th to 18th century manuscripts from Italy and Peru, as well as cultural artifacts from China, Cambodia and Iraq.
Members of the public who have information about suspected stolen cultural property are urged to call the toll-free HSI tip line at 1-866-DHS-2-ICE or complete its online tip form.
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26 January 2014
Poplar Man Sentenced in Double StabbingRead the Press Release
The United States Attorney(s Office announced that on Thursday, January 23, 2014, JAMES MICHAEL YOUPEE, 35, of Poplar, was sentenced to 42 months in prison, to be followed by three years of supervised release, by U.S. District Judge Brian Morris for stabbing two people in a Poplar hotel room.
According to an offer of proof filed by Assistant United States Attorney Laura Weiss, in April of 2013, Youpee was staying in a Poplar, Montana, hotel room when he got into an argument with a woman. When she went to another hotel room to use the phone, Youpee followed and forced his way into the room where he stabbed and cut the woman and the man who was living in the room. The male victim suffered life-endangering injuries and was flown to Billings for medical treatment. He has since suffered migraine headaches and pain from his injuries, one of which was a stab wound at the base of his neck.
Youpee was charged with assault with a dangerous weapon and assault resulting in serious bodily injury. Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Youpee will likely serve all of the time imposed by the court. In the federal system, Youpee does have the opportunity to shorten the term of custody by earning credit for (good behavior(, however this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Michael David Bailey Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 22, 2014, before Senior U.S. District Judge Donald W. Molloy, MICHAEL DAVID BAILEY, a 34-year-old resident of Missoula, Montana, was sentenced to a term of:
Prison: 180 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
Bailey was sentenced in connection with his guilty plea to Felon in Possession of a Firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On July 14, 2013, the Montana Violent Crime Task Force apprehended the defendant in Billings. When he was apprehended, the defendant was in possession of a Hi-Point Firearms Model C9 9mm Luger handgun, Serial Number P1621713. The defendant had been convicted in October of 2011 for a felony punishable by a term of imprisonment exceeding one year, and he was prohibited from possessing a handgun at the time of this incident.
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that during a federal court session in Billings, Montana, on January 23, 2014, before U.S. Magistrate Judge Ostby, the following individual appeared:
- TRAVIS JOHN BELL, a 22-year-old resident of Billings made an initial appearance on a complaint alleging possession with intent to distribute and burglary involving controlled substances. He is currently detained. If formally charged with this offense by indictment, BELL, faces 20 years in prison, $1,000,000 in fines and 3 years supervised release.. Assistant U.S. Attorney Paulette L. Stewart is the prosecutor for the United States. The investigation is being conducted by the Drug Enforcement Administration. PACER Case Reference: 14-08
A complaint is merely a written statement of the essential facts constituting the offense(s) charged. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner.
Therefore, if any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 21, 2014 and entering pleas of Not Guilty were:
- TONY BRONSON, a 53-year-old resident of Gary, Indiana appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, BRONSON faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-30
Appearing before U.S. Magistrate Judge Ostby in Billings on January 21, 2014 and entering pleas of Not Guilty were:
- FELIS LUSIANO ROMO, a 32-year-old resident of Sidney appeared on charges of conspiracy to possess methamphetamine with intent to distribute, possession with intent to distribute methamphetamine, and felon in possession of a firearm. If convicted of the most serious offenses charged in the indictment, ROMO faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Administration and the Montana Division of Criminal Investigation. PACER Case Reference: 13-113
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 23, 2014 and entering pleas of Not Guilty were:
- DAVID V. CHASER, 39-year-old resident of Wolf Point appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. If convicted of the most serious offense charged in the indictment, CHASER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-05
- AMANDA MAY RICHTER, 28, appeared on charges of acquiring controlled substance by fraud and deception or subterfuge. If convicted of the most serious offense charged in the indictment, RICHTER faces 4 years in prison, $250,000 in fines and 1 year supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-18
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, if any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Former CIA Officer Convicted of Leaking Classified Information and Obstruction of JusticeRead the Press Release
Printer Friendly Disclosed classified information about a clandestine operational program designed to undermine Iran’s nuclear weapons programALEXANDRIA, Va. – Jeffrey A. Sterling, 47, of O’Fallon, Missouri, was convicted today by a federal jury on charges of disclosing national defense information and obstructing justice.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Attorney General Eric Holder; and FBI Director James Comey made the announcement after the verdict was accepted by U.S. District Judge Leonie M. Brinkema.
“This is a just and appropriate outcome,” said Attorney General Holder. “The defendant’s unauthorized disclosures of classified information compromised operations undertaken in defense of America’s national security. The disclosures placed lives at risk. And they constituted an egregious breach of the public trust by someone who had sworn to uphold it. As this verdict proves, it is possible to fully prosecute unauthorized disclosures that inflict harm upon our national security without interfering with journalists' ability to do their jobs. And I want to thank the investigators, prosecutors, and support staff who made this outcome possible for their relentless efforts in advancing a complex case that spanned multiple years.”
"He violated his sworn duty to protect our nation's secrets and he betrayed our country,” said FBI Director Comey. “The FBI will continue to pursue these cases vigorously."
“Over 10 years ago a disgruntled former CIA employee disclosed extremely sensitive classified information to a reporter who used the information in a book,” said U.S. Attorney Boente. “That classified information was critical to our national defense, and releasing it was illegal and went against Mr. Sterling’s professional commitments to the CIA. Mr. Sterling’s vindictive and careless choices ultimately led us here today and to this unanimous verdict. I would like to thank the trial team and our partners at the FBI’s Washington Field Office and the Central Intelligence Agency for their hard work and commitment to this case.”
Sterling was indicted on Dec. 22, 2010, arrested on Jan 6, 2011, and will be sentenced on April 24, 2015.
According to court records and evidence at trial, Sterling was employed by the CIA from May 1993 to January 2002. From November 1998 through May 2000, he was assigned to a classified clandestine operational program designed to undermine the Iranian nuclear weapons program. He was also the operations officer assigned to handle a human asset associated with that program, a person identified at trial as Merlin. Sterling was reassigned in May 2000, at which time he was no longer authorized to receive or possess classified documents concerning the program or the individual.
In connection with his employment, Sterling, who is a lawyer, signed various security, secrecy and non-disclosure agreements in which he agreed never to disclose classified information to unauthorized persons, acknowledged that classified information was the property of the CIA, and also acknowledged that the unauthorized disclosure of classified information could constitute a criminal offense. These agreements also set forth the proper procedures to follow if Sterling had concerns that the CIA had engaged in any “unlawful or improper” conduct that implicated classified information. These procedures permit such concerns to be addressed while still protecting the classified nature of the information. The media was not an authorized party to receive such classified information.
In August 2000, Sterling pursued administrative and civil actions against the CIA. Evidence at trial showed that Sterling, in retaliation for the CIA’s refusal to settle those actions on terms favorable to him, disclosed information concerning the classified operational program and the human asset to a New York Times reporter working on an unpublished article in early 2003 and a book the reporter published in January 2006. Sterling’s civil and administrative claims were ultimately dismissed by the court.
Evidence demonstrated that in February and March 2003, Sterling made various telephone calls to the reporter’s residence and e-mailed a newspaper article about the weapons capabilities of a certain country that was within Sterling’s previous clandestine operational assignment. While the possible newspaper article containing the classified information Sterling provided was ultimately not published in 2003, evidence showed that Sterling and the reporter remained in touch from December 2003 through November 2005 via telephone and e-mail. In January 2006, the reporter published a book that contained classified information about the program and the human asset.
Evidence at trial showed that Sterling was aware of a grand jury investigation into the matter by June 2006 when he was served a grand jury subpoena for documents relating to the reporter’s book. Nevertheless, between April and July 2006, Sterling deleted the e-mail containing the classified information he had sent from his account in an effort to obstruct the investigation.
This case was investigated by the FBI’s Washington Field Office with assistance in the arrest of the FBI’s St. Louis Field Office. Assistant U.S. Attorneys James L. Trump and Dennis Fitzpatrick, along with Trial Attorney Eric G. Olshan of the Criminal Division’s Public Integrity Section prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:10-cr-485.Tweet
25 January 2014
Rockford Physician Arrested on Charge of Healthcare FraudRead the Press Release
ROCKFORD-A local physician whose license was suspended this month was an ested last night on a federal complaint alleging healthcare fraud. Charles S. DeHaan, 59, of Belvidere, IlL, was charged with engaging in a scheme to defraud Medicare. The complaint alleges that as a pali of the scheme, DeHaan operated Housecall Physicians Group of Rockford, S.C., located in Rockford. The charge alleges that DeHaan submitted false claims to Medicare in December 2013.
In supp01t of the charge, the complaint alleges that between 2010 and 2013, DeHaan billed Medicare for medical services that he did not provide to at least five patients. Instead, DeHaan engaged in sexual misconduct with fom of these patients, all women, and offered or provided prescriptions for controlled medications, according to the complaint affidavit.
DeHaan appeared today before United States Magistrate Judge lain D. Johnston who ordered that he be held in custody lmtil a detention hearing is conducted at 2:30p.m. on Tuesday.
The charge of healthcare fraud canies a maximum potential penalty of up to 10 years in prison, a fine of up to $250,000, and full restitution.
The charges were announced by Zacha1y T. Fardon, United States Attomey for the Northem District of Illinois; Robe1t l Holley, Special Agent-in-Charge of the Chicago Office of Federal Bmeau of Investigation; and Lamont Pugh III, Special Agent-in-Charge of the Chicago Regional Office of the U.S. Depa1tment of Health and Human Services Office of Inspector General ("HHS-OIG")
The federal case was investigated by the FBI and HHS-OIG, with the assistance of the Illinois State Police Medicaid Fraud Control Unit. The government was represented in federal comt by Assistant U.S. Attomey John G. McKenzie.
The public is reminded that a complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to indictment by a federal grand jury and, if indicted, to a fair trial at which the government has the burden of proving his guilt beyond a reasonable doubt.
Complaint
24 January 2014
Worcester Tax Preparer Pleads Gulity to Preparing False ReturnsRead the Press Release
BOSTON – A Worcester woman pleaded guilty today in U.S. District Court in Worcester to falsifying tax returns.
Jenniffer Cox Elicier, 34, of Worcester pleaded guilty before U.S. District Court Judge Timothy S. Hillman to two counts of aiding and assisting in the preparation of false tax returns. The statutory maximum penalty for the crime is three years in prison, one year of supervised release and a $250,000 fine. Sentencing is scheduled for May 2, 2014.
Elicier operated Cox Elicier Tax in Worcester where she prepared individual federal income tax returns for clients. Elicier inserted false information into her clients= Form 1040 returns, including false Schedule A deductions such as gifts to charity and unreimbursed employee expenses, and thereby generated illegal refunds.
United States Attorney Carmen M. Ortiz and John G. Collins, Special Agent in Charge of Internal Revenue Service=s Criminal Investigation in Boston made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Lori J. Holik of Ortiz=s Economic Crimes Unit.
Winslow Man Charged with Falsifying Mine Safety and Health Administration Training RecordsRead the Press Release
EVANSVILLE -- Joseph H. Hogsett, the United States Attorney, announced today that Oril C. Dent, age 66, of Winslow, has been charged with preparing false safety training certifications required to be maintained by the Federal Mine Safety and Health Act. This follows an investigation by the Department of Labor, Mine Safety and Health Administration.
The information alleges that between October 2011 and April 2012, Dent operated a training business as an underground and surface coal mining safety instructor. Dent allegedly sold Mine Safety and Health Administration annual hazard certificates of training to coal hauling truck drivers who were required to receive annual hazard training, without actually providing any training to the drivers. It is alleged that Dent signed certificates of training for the drivers affirming that safety training was provided when no actual training was provided.
Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health, stated: "Miner training is a bedrock principle of safe mining practices, and those who falsify training records will be held to account pursuant to the law."
According to Assistant U.S. Attorney Todd S. Shellenbarger, who is prosecuting the case for the government, Dent faces a maximum of 5 years in prison and a $250,000 fine. Dent had his initial hearing today and was released; no future court dates have been set.
An Information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
West Seneca Man Charged with Receipt of Child PornographyRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Joseph S. Heleniak, 68, of West Seneca, N.Y., was charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum penalty of 40 years, and a fine of $250,000 or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was arrested today, January 24, 2014, following the execution of a search warrant at his residence. According to the criminal complaint, on August 30, 2013, Heleniak sent an e-mail containing three image files of child pornography. The images depicted female children under the age of 16 engaging in sexual activities with adult males.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing for Tuesday, January 28th at 10:00 a.m.
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 arrest is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Week in Review – South BendRead the Press Release
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS (all before Magistrate Judge Christopher A. Nuechterlein):
Kenny Lee, 29, of South Bend, Indiana, pled guilty to the felony offense of unlawful transport of firearms. Magistrate Nuechterlein 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 Drug Enforcement Administration.Sentencing has been set for 4/24/2014.This case is being prosecuted by Assistant United States Attorney Donald Schmid.
Dan Warren, 44, of Leesburg, Indiana, pled guilty to the felony offense of theft of government property. Magistrate Nuechterlein 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 Drug Enforcement Administration.Sentencing has been set for 4/25/2014.This case is being prosecuted by Assistant United States Attorney Barbara Brook.
Adam J. Shetler, 33, of Goshen, Indiana pled guilty to the felony offense of theft of government property. Magistrate Nuechterlein 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 Department of Labor.Sentencing has been set for 4/24/2014.This case is being prosecuted by Assistant United States Attorney Barbara Brook.
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:
Rebecca Turner, 26, of Mishawaka, Indiana was sentenced by District Judge Jon E. DeGuilio to 37 months imprisonment with 3 years supervised release, after pleading guilty to the felony offense of knowingly distributing a mixture or substance containing methamphetamine.According to documents filed in this case, on March 27, 2013, Turner sold a package that she believed contained a controlled substance. The sale was in Elkhart County, Indiana and was conducted with an individual working with law enforcement.This case was the result of an investigation by the Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Scott Weaver, 29, of Mishawaka, Indiana, Indiana was sentenced by District Judge Jon E. DeGuilio to 97 months imprisonment with 3 years supervised release, after pleading guilty to the felony offense of knowingly distributing a mixture or substance containing methamphetamine.According to documents filed in this case, on March 27, 2013, Weaver sold a package that he believed contained a controlled substance. Weaver’s wife Rebecca Turner delivered the package for her husband.This case was the result of an investigation by the Drug Enforcement Administration.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:
Natisha Hillard, 25, of Gary, Indiana, pled guilty before Senior District Judge Rudy Lozano to the felony offenses of sale of a child by a parent for production of child pornography and sexual exploitation and permitting a child by a parent to participate in the production of child pornography.This case resulted from an investigation by members of the Indiana Internet Crimes Against Children Task Force, including the Federal Bureau of Investigation, the Indiana State Police, the Gary Police Department and the Michigan City Police Department.This case is being prosecuted by Assistant United States Attorney Jill Koster.
Keyosha Toney, 26, of East Chicago, Indiana, pled guilty before Magistrate Judge John E. Martin to the felony offense of making false statements in connection with the purchase of a firearm.Magistrate Martin is recommending that the district court accept the tendered guilty plea.Parties have 10 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.This case is being prosecuted by Assistant United States Attorney Dean Lanter.
Octavio Casas-Garcia, 45, of Hammond, Indiana, pled guilty before Magistrate Judge John Martin to the felony offense of illegal reentry after having been convicted of a felony.This charge was filed as a result of an investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.This case is being prosecuted by Assistant United States Attorney Philip Benson.
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:
Ronald Parks, 61, address unknown/homeless, was sentenced by Senior District Judge Rudy Lozano to 262 months imprisonment after pleading guilty to kidnapping. According to documents filed in this case, in March 2012 the victim stopped for change for a $20 bill at a Marathon gas station located in Hammond, Indiana. She was getting back into her car when Parks forced her into her car through the driver’s door.Parks eventually stopped the car, took her cell phone and fled on foot.In a separate matter, Parks was sentenced to 240 months imprisonment, to run concurrently with the kidnapping sentence, after pleading guilty to bank robbery.According to documents filed in this case, in April, 2012 Parks robbed the Citizen’s Bank in Hammond, Indiana using a note that indicated he had a gun.The teller indicated that Parks had flashed a black gun that was in his waistband.This teller later identified Parks in a photo lineup. These cases were the result of an investigation by the Federal Bureau of Investigation and the Hammond Police Department.These cases were prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITION:
Kameron Kutzli, 23, of Dunkirk, Indiana was sentenced by District Judge Theresa L. Springmann to 57 months imprisonment with 2 years supervised release, after pleading guilty to the felony offense of retaliating against a witness, victim, or an informant.According to documents filed in this case, Kutzli along with several others, including Tyson Allen (a co-defendant in United States v. Sallee, et al.), assaulted a fellow inmate in Wells County jail.The motive for the attack was retaliation against an inmate who was perceived as a “snitch” and a cooperator with law enforcement. Kutzli, along with several others, threatened the assaulted inmate with further attacks should that perceived cooperation continue.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Walkersville Man Sentenced to 9 Years in Prison in $9.2 Million Investment SchemeRead the Press Release
Caused Approximately $4 Million in Losses to Investors
Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Larry Michael Parrish, a/k/a Michael Parrish, age 49, of Walkersville, Maryland today to nine years in prison, followed by three years of supervised release, for wire fraud arising from an investment scheme in which investors lost approximately $4 million by relying on Parrish’s false representations concerning his company IV Capital, Ltd. Judge Motz also ordered Parrish to pay restitution of $4 million.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to his plea agreement, Parrish operated IV Capital, Ltd., which from November 2005 to October 2009, he described to potential investors as an investment and trading company. Parrish made a number of false representations to encourage potential investors to make investments with IV Capital. For example, Parrish falsely represented that IV Capital: traded stocks, bonds, currencies precious metals and other instruments on international exchanges; had $20 million or more under management; had established a minimum gross profit margin each month of 5%, which would be equally divided between the company and its individual investors; and employed a number of other traders and staff. In fact, the company had no employees aside from Parrish and one other trader hired as an independent contractor.
Parrish also falsely represented that: he and several partners had invested substantial funds of their own with the company; that all invested funds would be deposited in an escrow account and used solely to secure a line of credit from a financial institution, which would provide the actual working capital for IV Capital’s trading activities; and that IV Capital’s management of its accounts would be evaluated by top licensed professional third parties. In fact, Parrish had no partners and had not invested any of his own funds with IV Capital. The investors’ funds were directed to an offshore bank in Bermuda where they were not kept in an escrow account, but were instead used to generate funds for risky and highly unsuccessful trading activity, to make the “profit” payments of roughly 2.5% monthly back to the investors, and to supply funds for the personal use of Parrish and his family.
Out of the approximately $9.2 million in investor funds that were placed with Parrish and IV Capital between February 2006 and October 2009, Parrish allocated approximately $2.938 million to trading activity conducted by himself and the other trader, almost all of which was lost in making risky and unsuccessful investments in options and futures contracts. Another $5.2 million was used to make “profit” payments to IV Capital investors, and more than $1 million was used by Parrish for personal expenses, including purchases of clothing, furniture, electronics and other items, paying bills for rent, food and utilities, as well as paying for entertainment and vacation expenses, including a golf outing for himself and a number of friends in May 2008, and the purchase of a 2009 Harley Davidson FXDF motorcycle in September 2008.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein thanked the FBI for its work in the investigation and praised Assistant U.S. Attorney Jefferson M. Gray, who prosecuted the case. The United States Securities & Exchange Commission (SEC) also conducted a civil securities fraud investigation of Parrish, and obtained a default judgment against him in a civil action filed in federal court in Denver, Colorado in September 2012.Violent Armed Bank Robber Exiled to 20 Years in PrisonRead the Press Release
Previously Shot a Person to Death and Committed Multiple Robberies; Associated With the Black Guerilla Family
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Maurice Colbert, age 60, of Baltimore, Maryland, today to 20 years in prison followed by five years of supervised release for armed robbery, forced accompaniment and using a gun during the robbery. Judge Blake also ordered Colbert to pay restitution of $13,940.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Baltimore County State’s Attorney Scott Shellenberger; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief James W. Johnson of the Baltimore County Police Department.
According to evidence presented at his four day trial, on November 7, 2011, Colbert and another man stormed into the 1st Mariner Bank located at 176 Carroll Island Road in Middle River, Maryland, both armed with handguns. Colbert’s accomplice jumped on the counter next to the teller station. One of the bank employees, an assistant manager, collapsed on the floor in fear. Colbert ordered a bank employee to open a vault and ATM vaults. The employee told him she could not open the vaults because she only had the keys, not the code.
Colbert then opened three teller drawers and removed all of the money, including three dye packs as well as bait money. At times, Colbert pressed the gun into the employee’s back, and held her arm as he walked her around the bank with the gun in his other hand.
Meanwhile, the accomplice forced three tellers, the assistant manager and two customers, one of whom was elderly, into a small room used by customers to review in privacy the contents of safety deposit boxes. While packing them tightly into the room, the accomplice grabbed a teller by the neck, and grabbed another teller’s hair while placing his gun to the back of her head. He then tied most of them up tightly with zip ties. Just prior to closing the door, one of the robbers threw a liquid on the wall, the smell of which burned their noses and eyes. They fled with $31,153, although $17,213 was later recovered from the bank’s parking lot.
Shortly thereafter, the police were called and responded. An employee from a restaurant next door told a police officer that he had seen two men inside a vehicle with a sedan service company written on its side, parked in the lot by the bank. An FBI agent went to the location of the sedan service company in Baltimore and learned from the business owners that Colbert had used the vehicle that day. After patrolling the immediate area for a short while, the agent returned to the business and saw the vehicle parked outside the business location. Law enforcement saw red stains on the carpet of the vehicle, consistent with the red dye used in bank dye packs.
Colbert was found inside the sedan service company’s building and was taken to police headquarters. The sedan service owner showed police the money bills Colbert had given her, which were also stained red. Dye stains used by banks were also found on Colbert’s clothing and money in his pocket.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore County Police Department, ATF and Baltimore County State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Judson T. Mihok and Gregory R. Bockin, who prosecuted the case.
United States Attorney for the Southern District of Florida Announces Guilty Plea of Colombian Narcotics KingpinRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the guilty plea of Diego Perez Henao, a/k/a “Diego Rastrojo,” 42. Perez Henao, a Colombian national and a U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)-designated Specially Designated Narcotics Trafficker (SDNT), pled guilty today to the one-count indictment charging him with participating in a decades-long conspiracy to manufacture and distribute five or more kilograms of cocaine knowing that the cocaine would be unlawfully imported into the United States. Perez Henao was extradited from Colombia in August 2013 and has been in custody since being captured in Venezuela on June 3, 2012.
At the plea hearing held before U.S. District Judge Patricia A. Seitz, Perez Henao acknowledged that from 1994 until the January 2008 killing of his primary patron, North Valley Cartel head Wilber Varela, Perez Henao participated in the production and/or shipment of at least 81,100 kilograms of cocaine, and then continued the shipment of additional thousands of kilograms of cocaine after Varela’s killing. He also acknowledged that his co-conspirators used a variety of modes of transportation, including airplanes, trucks and semi-submersibles, to transport the cocaine to Mexican cartels who ultimately imported the cocaine into the United States. Perez Henao also agreed that he had controlled dozens of heavily-armed workers in his organization and oversaw the large-scale manufacture and distribution of cocaine. Perez Henao, who faces a mandatory minimum sentence of ten years and a maximum sentence of any term of years, is scheduled to be sentenced on June 5, 2014.
U.S. Attorney Wifredo A. Ferrer stated, “Diego Perez Henao was the kingpin of a prolific drug cartel responsible for the production and shipment of over 80,000 kilograms of cocaine into the United States. The conviction of Perez Henao concludes one of the most significant chapters in the history of the Colombian drug trade. With the continued collaboration and assistance of our law enforcement partners, here and abroad, we will continue our efforts to bring the most powerful and prolific drug lords to justice.”
“Diego Perez-Henao, a/k/a Diego Rastrojo, was one of the largest Kingpins to be extradited from Colombia,” said DEA Special Agent in Charge Mark R. Trouville. “He was so well known in Colombia, that emerging Bandas Criminales groups adopted the name “Rastrojos” to identify themselves as significant drug trafficking gangs in various regions within Colombia. With the assistance of our Colombian counterparts, the DEA will continue to seek out, arrest, and extradite leaders of the remaining Rastrojo organizations to face justice.”
“The FBI continues to work with our law enforcement partners to bring to justice international narco-traffickers who infiltrate our borders and poison our society with dangerous drugs,” said Michael B. Steinbach, Special Agent in Charge, FBI Miami.
The indictment of Perez Henao is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) led by DEA and FBI. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Mr. Ferrer commends the outstanding investigative efforts of DEA, FBI and their Colombian law enforcement partners. The case is being prosecuted by Assistant U.S. Attorney Adam Fels.
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.
U.S. Court of Appeals Affirms Conviction and Sentence of Khalid AldawsariRead the Press Release
Saudi Student Was Sentenced to Life in Prison for
Attempted Use of Weapon of Mass DestructionDALLAS — The U.S. Court of Appeals for the Fifth Circuit in New Orleans, Louisiana, issued a nine-page published opinion yesterday affirming the conviction and sentence of Khalid Ali-M Aldawsari, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Aldawsari was convicted on June 27, 2012, on an indictment charging one count of attempted use of a weapon of mass destruction in connection with his purchase of chemicals and equipment necessary to make an improvised explosive device (IED) and his research of potential U.S. targets, including persons and infrastructure. He was lawfully in the U.S. on a student visa and enrolled at South Plains College, near Lubbock, Texas.
In its opinion, the Court rejected each of Aldawsari’s arguments, holding that (1) the district court properly denied his motion to suppress evidence gathered pursuant to the Foreign Intelligence Surveillance Act; (2) the district court correctly instructed the jury on the crime of attempt; and (3) Aldawsari’s sentence is reasonable. The opinion was released less than two months after the three-judge panel heard oral argument in the case.
“The successful resolution of this case would not have been possible without the tireless efforts of many dedicated public servants,” said U.S. Attorney Saldaña. “I commend their efforts.”
Assistant U.S. Attorney Matthew J. Kacsmaryk was the lead appellate counsel, and he was assisted by Senior Department of Justice Appellate Counsel John F. De Pue. The district court case was investigated by the FBI’s Joint Terrorism Task Force, which includes many federal, state and local partners, with assistance from the Lubbock Police Department and the Texas Tech Police Department. The trial prosecution was handled by Assistant U.S. Attorneys Jeffrey R. Haag, Denise Williams, and Matthew J. Kacsmaryk and Trial Attorney David Cora from the Counterterrorism Section of the Justice Department’s National Security Division.