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14 January 2014
Removed Alien Charged with Illegally Re-Entering U.S.Read the Press Release
PITTSBURGH - An alien found in Cranberry Township, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of illegal re-entry after deportation, United States Attorney David J. Hickton announced today.
The one-count indictment named Raul Cartagena, 32, of El Salvador, as the sole defendant. According to the indictment presented to the court, Raul Cartagena, an alien, was formally removed from the United States by United States Immigration and Customs Enforcement on July 15, 2011. Raul Cartagena was found to be illegally present in Pittsburgh, Pa., on Dec. 18, 2013.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The U.S. Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rapid City Man Sentenced for Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on January 9, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sheldon LaPointe, age 38, was sentenced to 48 months in custody, 3 years of supervised release, and was ordered to pay $1,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from LaPointe being in possession of a stolen Colt .45 caliber handgun which he was hiding to protect his niece. The niece had stolen the gun on October 19, 2012, at Rapid City.
This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Pittsburgh-area Businessman Sentenced in Fraud SchemeRead the Press Release
PITTSBURGH – The owner of Carnegie-based Victory Security Agency was sentenced today in federal court to three years’ probation and a $30,000 fine payable within 30 days on his conviction of conspiracy, bribery of agent of an organization receiving federal funds and mail fraud, United States Attorney David J. Hickton announced today.
U.S. District Judge Cathy Bissoon imposed the sentence on Arthur J. Bedway, Jr., 64, of Pittsburgh, Pa.
According to the evidence presented to the court at the time Bedway entered a guilty plea on Aug. 6, 2013, Bedway owned Victory Security. In order to obtain a contract with the City of Pittsburgh to install radios and mobile data terminals (MDTs) in City Police vehicles, Bedway created Alpha Outfitters, which he falsely represented to the City as a Women's Business Enterprise. He conspired with a city employee, Christine Ann Kebr and others, to obtain the MDT contract for Alpha Outfitters. Bedway paid Kebr for her assistance in obtaining the MDT contract. Kebr pleaded guilty to a charge on conspiracy on Dec. 6, 2012, and is scheduled to be sentenced on Feb. 11, 2014.
Assistant United States Attorneys Robert S. Cessar and Lee J. Karl are prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and Internal Revenue Service - Criminal Investigation for conducting the investigation that led to the prosecution of Bedway.
Palm Beach County Resident Sentenced for Enticement of A Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Gary Goldberg, 49, of Palm Beach County, was sentenced yesterday to 156 months in prison by U.S. District Judge Kenneth A. Marra in West Palm Beach for enticing a minor to engage in an illegal sexual activity, in violation of Title 18, United States Code, Section 2422(b).
According to documents filed with the court, Goldberg entered into a relationship with a 17 year old victim and her 15 year old friend. Goldberg paid the minors to allow him to take sexually explicit photographs of them.
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, 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.
Mr. Ferrer commended the investigative efforts of the FBI, the Boca Raton Police Department, the FBI Safe Streets Task Force, and the South Florida Minor Vice Task Force. The case is being prosecuted by Assistant U.S. Attorney Lothrop Morris.
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.
Oxford County Man Sentenced to over Two Years on Federal Counterfeit ChargeRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced today
Nation Miller, 23, of Mexico, Maine was sentenced yesterday in U.S. District Court by Judge D.
Brock Hornby to 20 months in prison and three years of supervised release for conspiring to make counterfeit currency. Miller pleaded guilty to the charges on August 19, 2013.According to court records, on July 3, 2012, Miller conspired with two accomplices to make counterfeit $50 bills. The next day, Miller and his accomplices passed counterfeit bills in
Mexico and Old Orchard Beach, Maine.The investigation of this case was conducted by the Mexico and Old Orchard Beach
Police Departments and the United States Secret Service.Orlando Rapper "Fella" Convicted of Armed Bank RobberyRead the Press Release
Orlando, FL – Acting United States Attorney A. Lee Bentley, III announces that a federal jury today found Dewarren Antoine Lewis, a/k/a “Fella” (28, Orlando), guilty of two counts of bank robbery with assault and two counts of using and carrying a firearm during and in relation to a crime of violence. Lewis faces a maximum penalty of 25 years in federal prison on the bank robbery convictions, followed by a mandatory minimum consecutive penalty of 32 years in federal prison on the firearms convictions. His sentencing hearing is scheduled for April 4, 2013.
Lewis was indicted on September 4, 2013.
According to testimony and evidence presented at trial, on January 9, 2013, Lewis robbed the Wells Fargo Bank in Orlando, at gunpoint, before fleeing with over $9,000. On March 20, 2013, he robbed the Regions Bank in Orlando. As he did in the Wells Fargo robbery, Lewis rushed into the bank, covered from head to toe, wearing a stocking over his face. He then pointed his gun at bank employees, forcing his way behind the teller line, filling his bag with the bank’s money. After fleeing the bank, a witness saw Lewis take off his disguise and drive away from the scene of the crime. Lewis then led police on a high speed chase through the streets of Orlando, before bailing out of his car and running away on foot. When finally apprehended by Orange County deputies, Lewis was carrying a bag filled with over $23,000, which he had just stolen from the Regions Bank.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Operation Bloodline Defendant Convicted, Another SentencedRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal jury in Hartford has found MICHAEL SMITH, also known as “Smitty” and “Fingers,” 43, of Hamden, guilty of narcotics distribution offenses. The trial before U.S. District Judge Robert N. Chatigny began on January 6 and the jury returned its verdict yesterday.
In a related case, COREY MADDOX, also known as “C.L.,” 36, of New Haven, was sentenced today by Senior U.S. District Judge Ellen Bree Burns in New Haven to 55 months of imprisonment, followed by five years of supervised release.
SMITH, MADDOX and more than one hundred other individuals were charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants, and seizures of narcotics and firearms.
According to the evidence presented during his trial, investigators received court-authorization to monitor three of SMITH’s telephones. The investigation revealed that SMITH conspired to receive and distribute large quantities of cocaine and crack cocaine. In addition, on October 27, 2011, SMITH sold approximately 6.6 grams of crack cocaine to an individual working with law enforcement.
SMITH has been detained since his arrest on May 22, 2012. On that date, law enforcement search an apartment connected to SMITH and recovered items used to convert cocaine into crack cocaine, as well as approximately $2000 in cash.
The jury found SMITH guilty of one count of conspiracy to possess with intent to distribute, and to distribute, cocaine and cocaine base (“crack cocaine”), and one count of possession with intent to distribute, and distribution of, cocaine base. Judge Chatigny has scheduled sentencing for April 7, 2014, at which time faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
SMITH has a prior state firearms conviction, and seven prior felony drug convictions.
As to MADDOX, the same investigation revealed that he conspired with co-defendant Emory James, also known as “Emmo,” to distribute cocaine and heroin, primarily in the Dwight-Kensington neighborhood of New Haven.
MADDOX’s criminal history includes felony assault, firearms and drug convictions. He has been detained since his arrest on May 17, 2012.
On September 19, 2013, MADDOX and James each pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine. James awaits sentencing.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Norris Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Jeremy Eagle Bear, age 23, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Bear was indicted for Sexual Abuse of a Minor by a federal grand jury on August 21, 2013. He pled guilty on October 24, 2013.
The conviction stems from an incident on February 11, 2011, when Eagle Bear met the 13 year old victim at a house party and had sexual intercourse with her.
This case was investigated by Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Nixa Man Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Nixa, Mo., man was sentenced in federal court today for receiving and distributing child pornography over the Internet.
Charles Williams, 28, of Nixa, was sentenced by U.S. District Judge Brian C. Wimes to 10 years and 10 months in federal prison without parole.
Williams, who pleaded guilty on Aug. 7, 2013, admitted that he used peer-to-peer file-sharing program on two laptop computers to download and distribute dozens of videos and photos of child pornography over the Internet from April 9 to Sept. 27, 2011.
A Nixa police officer used a peer-to-peer file-sharing program to connect to Williams’ computer over the Internet. The officer located child pornography on the computer and obtained a search warrant for Williams’ residence. Officers executed the search warrant on Sept. 27, 2011, and seized two laptop computers, two cameras, two videogame consoles, 115 CDs/DVDs and a VHS tape. Among the files discovered on one of the laptop computers was a video of a 4-to-5-year-old child being raped by an adult. Williams was arrested on Sept. 27, 2011.
Investigators conducted an examination of Williams’ computers and found 52 incomplete or partially downloaded videos of child pornography, 29 saved videos of child pornography, eight videos of child pornography in the recycle bin and 13 images of child pornography.
This case was prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the FBI and the Nixa, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Nicholasville Woman Appears in Court on Charges of Defrauding the Social Security AdministrationRead the Press Release
LEXINGTON, KY - A Nicholasville woman was arraigned in federal court on Monday, for allegations that she defrauded the Social Security Administration (SSA) for approximately a decade.
A federal indictment returned Thursday, January 9, charges Sheryl Bruner, 51, with theft of government money, concealment and failure to disclose assets, bankruptcy fraud, and making false and fictitious statements. Bruner has pleaded not guilty to the charges and a trial date has been scheduled for March 10, 2014.
According to the indictment, from 2003 until 2013, Bruner fraudulently claimed that she was disabled and had no money or source of income in order to receive financial assistance from a program known as Supplemental Security Income (SSI). Bruner allegedly concealed and failed to disclose to the SSA that she worked two jobs during this time period —both as a Medicaid service provider—in which she earned a substantial income.
The indictment further alleges that on May 16, 2013, Bruner filed for bankruptcy, in Lexington, and intentionally omitted the amount of cash she had on hand, all the bank and trust accounts she maintained or controlled, all of the vehicles she owned, and a piece of real estate she owned.
SSI is an income assistance program designed to provide financial assistance to elderly and disabled individuals who meet the program’s eligibility requirements. If the SSA had known Bruner’s true health and financial situation, SSA would have discontinued her eligibility in the program.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky and Guy P. Fallen, Special Agent in Charge, Social Security Administration, Office of Inspector General, jointly announced the indictment.
The investigation was conducted by the Social Security Administration, Office of the Inspector General, Office of Investigations. Assistant U.S. Attorney Ken Taylor presented the case to the grand jury.
The theft of government property charge carries a maximum of 10 years in prison upon a conviction. The rest of the charges each carry a maximum penalty of five years in prison.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
New Mexico Man Sentenced to Federal Prison for Leaking Information About Criminal InvestigationRead the Press Release
In Albuquerque, NM, today, 64-year-old Danny Burnett, a retired educator and husband of a former federal prosecutor, was sentenced to one year and one day in federal prison followed by one year of supervised release for leaking information regarding a criminal investigation to a target announced United States Attorney Robert Pitman.
In September 2013, a federal jury convicted Burnett of one count of giving notice of certain electronic surveillance and one count of making a false statement to federal investigators. Evidence presented during trial revealed that on February 17, 2011, Burnett met at an Albuquerque restaurant with long-time friend Columbus Police Chief Angelo Vega and advised him that federal investigators had a wiretap on Vega’s phone. Burnett was also convicted of making a false statement to federal investigators on February 28, 2012, when he denied notifying Vega that he was the subject of a firearms trafficking investigation.
“By disclosing the existence of a wiretap to former Columbus Police Chief Angelo Vega, Mr. Burnett undermined a federal investigation of the trafficking of firearms into Mexico and put law enforcement agents in jeopardy. His friendship with Vega explains but does not excuse or justify compromising the investigation of such serious criminal activity. While Mr. Burnett was not a party to the underlying criminality, he committed a serious violation of law in his own right. This office and the Department of Justice will vigorously investigate and prosecute crimes against the integrity of the criminal justice system,” stated United States Attorney Robert Pitman.
This case was investigated by agents with the Department of Justice Office of the Inspector General (DOJOIG), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Homeland Security Investigations (HSI). Assistant United States Attorneys Steven Spitzer and Greg McDonald from the Western District of Texas prosecuted this case on behalf of the government.
New Jersey U.S. Attorney’s Office Collects $120.2 Million for Taxpayers in FY 2013Read the Press Release
$57.8 Million in Civil and Criminal Actions, $62.4 Million in Forfeitures
NEWARK, N.J. – U.S. Attorney Paul J. Fishman announced today that the District of New Jersey collected $120,229,018.44 in FY 2013, which includes $57,792, 671.44 in criminal and civil actions, and – working with partner agencies and divisions – it collected an additional $62,436,347in asset forfeiture actions.
The $57.8 million represents collections of $45,157,311.66 in criminal actions and $12,635,359.78 in civil actions. The $62.4 million in forfeited assets brought in by the office and its partners are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes. U.S Attorney Fishman created a stand-alone Asset Forfeiture and Money Laundering Unit in April 2010, which has increased the forfeited funds applied to victim compensation each year.
Every year since I have been U.S. Attorney, the hardworking public servants in our office have collected far more in fines, penalties, asset forfeiture, restitution and settlements than our operating expenses,” said U.S. Attorney Fishman. “Most of that money goes to the general treasury of the United States, the share that belongs to victims of crime is returned to them, and some of it is shared with our state and local law enforcement partners. That is good economics and good for public safety.”
Attorney General Eric Holder announced last week that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The Department’s enforcement actions help not only to ensure justice is served, but also to deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”Fiscal year 2013 is the first year the Justice Department is counting collections as shared totals in any case in which a U.S. Attorney’s Office was assisted by other U.S. Attorney’s Offices or department components, making for uneven office-specific comparisons to previous years. The department’s overall numbers are not affected by the change.
The New Jersey U.S. Attorney’s Office worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional$401,338,597.30in cases pursued jointly with these offices. Of this amount, $56,796.50 was collected in criminal actions and401,281,800.80was collected in civil actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
Nationwide, the largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals, corporations or both for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Many of the District of New Jersey’s largest collections this year arose from the office’s health care practice.
As a result of investigations by the New Jersey U.S. Attorneys’ Office and the Justice Department’s Civil Division, New Jersey-based Par Pharmaceutical Companies Inc. (Par) pleaded guilty in Newark federal court on March 5, 2013, and agreed to pay $45 million to resolve its criminal and civil liability for the company’s promotion of its prescription drug Megace® ES for uses not approved as safe and effective by the Food and Drug Administration (FDA) and not covered by federal health care programs.
This year’s collections also include more than $10.2 million paid to the United States as a result of an agreement between the Cooper Health System (Cooper) and the U.S. Attorney’s Office for the District of New Jersey in which Cooper paid $12.6 million to settle allegations that it violated the federal False Claims Act and New Jersey False Claims Act by making improper payments to physicians under so-called “consulting” and “compensation” agreements as it sought to build its cardiology program. Additionally, $2.3 million went directly to the state of New Jersey for Medicaid as a result of the agreement.
Both cases were investigated by the Department of Health and Human Services, Office of Inspector General. Assistance in the Cooper case was provided by the N.J. Attorney General’s Office. Par was also investigated by the FDA’s Office of Criminal Investigation.
14-015New Jersey Man Charged with False Statements to HUDRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 65-year-old New Jersey resident was charged yesterday with making false statements and representations in connection with a Federal Housing Administration (FHA) insured mortgage with intent to defraud the Department of Housing and Urban Development.
According to United States Attorney Peter J. Smith, his office filed a criminal information against Martin Sacci of South Plainfield, New Jersey, for his role in failing to disclose the existence of a second loan made to a borrower in an FHA-insured mortgage for a property located in Monroe County, Pennsylvania.
The charge against Sacci stems from an investigation by the Office of Inspector General of the Department of Housing and Urban Development (HUD).
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is one year imprisonment, a term of supervised release following imprisonment, and a fine of up to $100,000. 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.
****Minnesota Man Sentenced for Passing Counterfeit SecuritiesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Vadnais Heights, Minnesota, man convicted of Passing Counterfeit Securities was sentenced on January 9, 2014, by the Honorable Karen E. Schreier, U.S. District Judge.
Gregory Wayne Newell, age 43, was sentenced to 24 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $1,200 restitution to the victims in the case.
Newell was indicted for Passing Counterfeit Securities by a federal grand jury on July 9, 2013. He pled guilty on October 23, 2013.
In December of 2012, Newell passed four counterfeit $50 American Express traveler’s checks at a Sioux Falls Hy-Vee Store.
This case was investigated by the Sioux Falls Police Department and the United States Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Newell was immediately turned over to the custody of the U.S. Marshals Service.
Mexican National Convicted of Transferring Obscene Matter to A MinorRead the Press Release
LAREDO, Texas – Mexican National Germain Zamarron Celis, 38, has entered a guilty plea to transferring obscene matter to a minor, announced United States Attorney Kenneth Magidson.
According to court records, Celis had started communicating with whom he thought was a 15-year-old minor female by way of a local chat room and through his personal email address. In reality, he was communicating with an undercover officer. Celis started the communication on Aug. 29, 2013, which continued for approximately a month.
During the communication, Celis made several extremely sexually explicit comments. He further mentioned he was “dreaming about her” and expressed a desire to meet her. In preparation for such meeting, he sent her a picture of his male genitalia.
Celis was arrested outside of his apartment complex in Laredo on Nov. 6, 2013, where he had been illegally residing. Sentencing has been set for April 7, 2014, before U.S. District Judge Marina Garcia Marmolejo. At that time he faces up to 10 years in federal prison and a maximum $250,000 fine. He will remain in custody pending that hearing.
Homeland Security Investigations and the Webb County Sheriff’s Office investigated the case and Assistant United States Attorney Suntrease Williams-Maynard is prosecuting.
Man Deported Five Times Pleads Guilty to Reentry After DeportationRead the Press Release
CONCORD, N.H. – Jose Armando Juarez-Garcia, 28, pleaded guilty in United States District Court in for the District of New Hampshire to reentering the United States after having been deported to his home country of Mexico, announced United States Attorney John P. Kacavas.
Juarez-Garcia was found in Manchester in December of 2013 by Immigration Enforcement Officers of the Department of Homeland Security, U.S. Immigration and Customs Enforcement despite having been deported to Mexico five times since September 2006.
Juarez-Garcia faces a maximum sentence of 10 years in prison and a maximum fine of $250,000. He will also be subject to further deportation proceedings after he serves his sentence. After accepting his guilty plea, the court ordered that Juarez-Garcia held in custody pending a sentencing hearing, which was scheduled for April 23, 2014.
This case was investigated by the Department of Homeland Security, U.S. Immigration and Customs Enforcement and is being prosecuted by Assistant United States Attorney Mark S. Zuckerman.
MS-13 Gang Leader Pleads Guilty to RacketeeringRead the Press Release
Earlier today, Francisco Ponce, a leader of La Mara Salvatrucha, also known as the MS-13 street gang ("MS-13"), pleaded guilty at the federal courthouse in Central Islip, New York, to racketeering, including predicate acts relating to the February 15, 2009, armed robbery of the Pollo Campero restaurant in Lindenhurst, New York, and the September 12, 2009, armed robbery of Los Hermanos Grocery in Brentwood, New York, which resulted in the murder of Miguel Peralta, an employee of that grocery. When sentenced, Ponce faces up to life in prison.
The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
"Ponce was in charge of the MS-13 "brand" in New York, and sought to strengthen it with acts of mayhem. Seeking funds to fuel their violent lifestyle in New York and abroad, he and his cohorts robbed and terrorized Long Island neighborhoods. Miguel Peralta fell victim to their thirst for blood and money when he unknowingly walked in on a robbery at the store at which he worked," stated United States Attorney Lynch. "This office and our law enforcement partners will continue to vigorously investigate and prosecute gang members, especially those who terrorize our communities and, as demonstrated in the tragic murder of Mr. Peralta, kill innocent victims."
FBI Assistant Director-in-Charge Venizelos stated, "Rather than function as a productive member of society, the defendant instead chose a life of crime, intent on spreading fear and violence throughout our community. The FBI is committed to removing these violent criminals from our streets. We will continue to work with our law enforcement partners to dismantle MS-13 and bring to justice every gang member who victimizes the public."
According to court filings and facts presented during the plea proceeding, Ponce and two other MS-13 members, Joyser Velasquez, also known as "Baby Boy,"1 and Carlos Chicas, also known as "Flaco," carried out the September 12, 2009, armed robbery of Los Hermanos Grocery and the murder of Miguel Peralta. Shortly before midnight, Velasquez and Chicas, who were armed with semi-automatic handguns, entered the store, while Ponce waited as the getaway driver. Peralta, who was sweeping a storeroom in the back of the store, heard the commotion, entered the front of the store, and came face to face with Velasquez, who shot him once in the side. Peralta then ran down an aisle where he was confronted by Chicas, who shot him in the head. The robbers then rifled through the cash register, took cash and checks, and fled to the awaiting getaway car that was driven by Ponce.
Several months prior to the Peralta murder, Ponce, Velasquez, and two other MS-13 members, Wilmer Granillo, also known as "Chele," and Freddy Fuentes-Gonzalez, also known as "Pitufo,"2 committed an armed robbery of the Pollo Campero restaurant in Lindenhurst, New York. Specifically, on February 15, 2009, Velasquez, who was armed with a semi-automatic handgun, Granillo and Fuentes-Gonzalez entered the Pollo Campero restaurant, wearing hooded sweatshirts and ski masks, held the employees at gun-point and forced the manager to open the safe, by holding a knife to his throat. The MS-13 members stole approximately $15,000 from the safe and then fled to the car, where Ponce was waiting to drive them away.
Ponce’s conviction further demonstrates the strong connection between members of the MS-13 gang in New York, El Salvador, and elsewhere. As set forth in prior court filings and testimony introduced during two recent MS-13 racketeering trials, between 2009 and 2010, Ponce was the New York leader of "The Program," an initiative by the MS-13's leadership in El Salvador to exercise greater control over the international MS-13 enterprise, including the MS-13 cliques and members in New York, enforce discipline and adherence to the gang=s rules, and cause more money to be sent to MS-13 members in El Salvador and other parts of Central America. Ponce functioned as a liaison between the MS-13 clique leaders in New York and the gang’s hierarchy in El Salvador, organizing "universal meetings," which were meetings attended by the leaders of the New York cliques of the MS-13, and collecting money from the New York cliques to purchase firearms and ammunition, which were used in furtherance MS-13’s violent agenda, and to send money to gang leaders in El Salvador.
Chicas and Granillo, two of Ponce’s co-conspirators in the Peralta murder and Pollo Campero robbery, respectively, are believed to have fled the jurisdiction and remain fugitives.3 The FBI requests that anyone with information regarding their whereabouts telephone (212) 384-1000. Chicas and Granillo should be considered armed and dangerous.
Ponce’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international street gang comprised primarily of immigrants from El Salvador, Honduras, and Guatemala. With numerous branches, or "cliques," the MS-13 is the largest street gang on Long Island. Since 2002, more than 200 MS-13 members, including more than two dozen clique leaders, have been convicted on federal felony charges in the Eastern District of New York. More than 100 of those MS-13 members have been convicted on federal racketeering charges. Since 2010 alone, this Office has convicted more than 30 members of the MS-13 on charges relating to their participation in one or more murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, and Suffolk County Police Department.
The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham, Raymond A. Tierney, and Carrie N. Capwell.
The Defendant:
FRANCISCO PONCE ("Spoiler")
Age: 31
Residence: Brentwood, NY
E.D.N.Y. Docket No. 12-063 (JFB)
1 Velasquez is in custody pending trial. The charges in the indictment against Velasquez are merely allegations, and he is presumed innocent unless and until proven guilty.
2 Fuentes-Gonzalez is in custody. He pled guilty and is facing life imprisonment when sentenced.
3 The charges in the indictment against Chicas and Granillo are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Luzerne County Woman Sentenced to Probation with Home Confinement for Misprision of A FelonyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 31-year-old Wilkes-Barre resident was sentenced to probation with home confinement by U.S. District Court Judge Malachy E. Mannion yesterday in Scranton.
According to United States Attorney Peter J. Smith, Christine Hanahan admitted to failing to report the nature and extent of her paramour’s cocaine trafficking in and around Kingston.
Hanahan was indicted by a federal grand jury in March of 2013, as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kingston Police Department into cocaine distribution and firearms straw purchasing. She pleaded guilty to a superceding criminal information, charging misprision of a felony filed on October 9, 2013, after Judge Mannion rejected the proposed plea to straw purchase of a firearm due to the defendant’s insistence that it was a purchase made jointly with her partner, and co-defendant, Jovon Martin, also charged in the case.
Judge Mannion placed Hanahan on supervised release for two years, including six months on home confinement with electronic monitoring.
Two of Hanahan’s co-defendants previously entered guilty pleas in the case. John Teslicko was sentenced to 6 months in prison. Jovon Martin is awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Amy C. Phillips
Lower Brule Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Jewell Iron Heart, age 21, was sentenced to 21 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Heart was indicted by a federal grand jury on September 17, 2013. He pled guilty on November 19, 2013.
The conviction stems from the fact that Iron Heart has previously admitted to an offense that requires him to register as a sex offender for life. Iron Heart registered as a sex offender for the first time in May 2012. On March 18, 2013, Iron Heart was arrested on a federal warrant due to violating conditions of his supervision. He was placed at the Community Alternatives of the Black Hills (CABH) facility in Rapid City by his probation officer.
On August 7, 2013, Iron Heart registered the CABH facility as his address in compliance with the Sex Offender Registration and Notification Act. On August 18, 2013, Iron Heart absconded from the facility, and since that date, Iron Heart has not updated his sex offender registration as required by law.
The investigation was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Iron Heart was immediately turned over to the custody of the U.S. Marshals Service.
Local Man Sentenced to 8 Years in Prison on Multiple Tax Fraud ChargesRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore yesterday sentenced Anthony Simms (37, formerly of Riverview) to 8 years’ imprisonment, after being convicted on seven counts of passing forged Treasury checks, seven counts of theft of government property, and seven counts of aggravated identity theft. The Court also entered a forfeiture money judgment and restitution in the amount of nearly $64,000, representing the proceeds from the seven cashed checks.
Simms pleaded guilty on October 15, 2013.According to court documents, from November 9, 2011 through January 25, 2012, Simms deposited 57 third-party tax refund Treasury checks and 8 tax refund cashier’s checks into his business account at SunTrust Bank, through various ATMs located in the Tampa area. Simms was the sole signatory on the business account and the only one who used the ATM card for these deposits. He was not authorized or entitled to deposit or cash these checks and knew that the signatures of the payees on the back of the checks were forged. The payees on the Treasury checks did not know or have any dealings with Simms or his business, and did not authorize any checks, in their names, to be deposited into his account. Some payees on the Treasury checks were deceased. The total amount of money deposited into Simms’s account through these 65 tax refund checks totaled $449,689. Simms also opened other business accounts at two other local banks and attempted to deposit over $15,000 of Treasury checks into those accounts.
This case was investigated by the United States Secret Service and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Assistant United States Attorney Kelley C. Howard-Allen.
Lawrence Police Officer Sentenced to Prison for Bribery SchemeRead the Press Release
BOSTON - A Lawrence police officer was sentenced today for engaging in a bribery scheme with a local towing company, lying about the scheme to the Federal Bureau of Investigation and trying to obstruct the FBI’s investigation.
Pedro Jose Lopez, 47, was sentenced by U.S. District Court Judge Sr. Mark L. Wolf to 18 months in prison, three years of supervised release, and ordered to pay a $10,000 fine.
In October 2013, Lopez was convicted by a jury of federal program bribery, making false statements to a federal agent, and obstruction of justice. These charges stemmed from an arrangement he had with a Lawrence tow company, under which Lopez would call in numerous unjustified tows to the company, in exchange for which the company gave him discounts on abandoned vehicles and paid for a snow plow to be installed on his truck. Once the FBI began investigating the scheme, Lopez lied to agents about whether he’d reimbursed the owner of the towing company for the snow plow. Lopez also obstructed the FBI investigation by giving the FBI a copy of a bogus receipt showing that he’d paid $4,000 to the owner of the tow company for the plow.
United States Attorney Carmen M. Ortiz, Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, and James X. Fitzpatrick, Interim Chief of the Lawrence Police Department, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys William F. Bloomer and Andrew E. Lelling.
Kimball Man Sentenced for Assaulting, Resisting and Impeding A Federal Officer and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kimball, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer and Lacey Act Violations was sentenced on January 10, 2014, by U.S. District Judge Karen E. Schreier.
James R. Steckley, age 44, was sentenced to 2 days in custody with credit for one day, 6 months of home confinement, 2 years of supervised release, and a $25 special assessment to the Federal Crime Victims Fund on the Assaulting, Resisting and Impeding a Federal Officer charge. He was sentenced to 40 hours of community service, a $7,500 fine, and a $25 special assessment to the Federal Crime Victims Fund on the Lacey Act Violations charge. Steckley cannot possess guns for a period of 2 years and cannot hunt for 2 years.
Steckley was indicted for Assaulting, Resisting and Impeding a Federal Officer by a federal grand jury on September 19, 2012. He was indicted for the Lacey Act Violations charge on February 13, 2013. He pled guilty to both charges on October 29, 2013.
The convictions stem from an incident wherein Steckley, on September 6, 2012, interfered with a Special Agent with the U.S. Fish and Wildlife Service while that agent was investigating the Lacey Act Violations. The investigation ultimately revealed that between November 27, 2011, and December 5, 2011, in Brule County, South Dakota, Steckley, then part owner of Steckley’s Wild Dakota Outfitters, a commercial hunting operation in Central South Dakota, hosted paying clients to hunt deer without appropriate licenses.
This case was investigated by U.S. Fish and Wildlife Service and the South Dakota Game Fish and Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Steckley will self-surrender to the custody of the U.S. Marshals Service.
Kentucky Man Admits Stealing Three Motor Homes from Western Michigan Rv DealersRead the Press Release
Defendant admits using false identities to “launder” the money from the sale of the stolen motor homes.
GRAND RAPIDS, MICHIGAN – Walter J. Nunley, a resident of Kentucky, entered guilty pleas today to all nine felony charges against him in a hearing before U.S. District Court Judge Robert Holmes Bell.
Three of the charges were for interstate theft of motor vehicles (motor homes), each of which carries a maximum penalty of ten years in prison. Another three charges were for interstate theft of property (the contents of the motor homes), each of which also carries a maximum penalty of ten years in prison. Nunley also pled guilty to conspiring to engage in interstate theft of property, which carries a maximum penalty of five years in prison. Each of these six charges carry a fine of $250,000. With regard to the money laundering, Nunley also admitted at his guilty plea hearing to engaging in a money laundering conspiracy to conceal or hide the “proceeds” he obtained from the sale of the stolen motor homes. That offense carries a maximum penalty of twenty years in prison, a fine of $500,000. Finally, Nunley pled guilty to making false statements to a federal agent, which offense carries a maximum penalty of five years in prison and a fine of $250,000. A $100 special assessment is imposed for each count of conviction. Nunley agreed to restitution and forfeiture in connection with the nine charges of conviction.
Nunley admitted that during 2012, he made two trips into Western Michigan to steal motor homes. In March 2012, he stole a motor home from the Holland Motor Home business. In May 2012, he stole two more motor homes from Midway RV Center located in Grand Rapids. As part of the criminal conspiracy, the conspirators stole three additional motor homes from businesses located across the United States. The total losses for the six motor home thefts are estimated to exceed $1,500,000. Nunley admitted that he and another man obtained false titles for the stolen motor homes and then sold them under false identities.
Judge Bell remanded Nunley to custody following the guilty plea hearing. No date has yet been set for the sentencing hearing.
The FBI has been handling the investigation and Assistant U.S. Attorney Mike MacDonald is the prosecutor.
END
Kansas Company Pays $372,750 for Destruction of Protected Bird Eggs and Nests During Bridge Repair Project in Harper CountyRead the Press Release
Employee Pleads Guilty to Misdemeanor
Oklahoma City, Oklahoma – Wildcat Concrete Services, Inc. ("Wildcat"), a Kansas corporation, has paid $372,750 to the North American Wetlands Conservation Fund as part of a non-prosecution agreement with the United States arising from the destruction of cliff swallow nests during a bridge repair project, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. In addition, Richard Lee Pool, 54, of Osage City, Kansas, an employee of Wildcat, pled guilty yesterday to one misdemeanor count of violating the Migratory Bird Treaty Act.
"Protecting and preserving our country’s natural resources, including wildlife, is an important responsibility that we take very seriously," said U.S. Attorney Coats. "We are committed to working with our investigative partners to reach common-sense resolutions when there are violations of our nation's environmental laws."
"One of our highest priorities is to protect the nation's fish, wildlife, and plants from unlawful exploitation and industrial hazards," said Special Agent in Charge of the Southwest Region Nicholas E. Chavez. "The successful outcome of this investigation is also the result of coordinating with the U. S. Attorney's Office to ensure the protection of a federally protected species."
The Migratory Bird Treaty Act, enacted in 1918, implements this country’s commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia. The Act, established for the conservation of migratory birds, creates a misdemeanor criminal sanction for the unpermitted taking of protected species by any means and in any manner regardless of fault. The Cliff swallows (Petrochelidon pyrrhonota) are one of 1,026 species of birds protected by the federal Migratory Bird Treaty Act.
According to Court records and the non-prosecution agreement, on May 25, 2012, Wildcat was under contract with the Oklahoma Department of Transportation to perform joint expansion repair work on the Otter Creek Bridge on highway US-270 in Harper County, Oklahoma. At that time, cliff swallows were actively nesting under that bridge. Wildcat and the United States stipulated that 818 eggs were destroyed and approximately 1,491 nests had been removed from the bridge. As part of the non-prosecution agreement, Wildcat paid $372,750 to the North American Wetlands Conservation Fund. Mr. Pool pled guilty to one count of scraping down a nest containing an egg of a migratory cliff swallow. Mr. Pool was sentenced to serve three months of probation and 10 hours of community service.
This case is the result of an investigation by the U.S. Fish and Wildlife Service and was prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.
Jefferson County, Kentucky, Man Guilty of Multiple Bank RobberiesRead the Press Release
LOUISVILLE, Ky. – A Louisville man pleaded guilty today in United States District Court to robbing four banks located in Jefferson County, Kentucky, during a two week period, announced David J. Hale, United States Attorney for the Western District of Kentucky.
Robert Scott Manley, age 47, admitted to using force, violence, and intimidation when he robbed four banks in Jefferson County between December 20, 2012 and December 31, 2012. Count 1, of the indictment, charged Manley with taking $2,170.00 from the PNC Bank, located at 3910 Taylorsville Road, on December 20, 2012. Count 2, of the indictment, charged Manley with taking approximately $3,580.00 from the Chase Bank, located at 8120 New LaGrange Road, on December 24, 2012. Count 3, of the indictment, charged Manley with taking approximately $1,510.00 from the BB&T Bank, located at 10403 Dixie Highway on December 27, 2012, and Count 4 charged Manley with taking approximately $4,750.00 from the River City Bank, located at 2501 Bardstown Road. At the time of the robberies, all deposits were insured by the Federal Deposit Insurance Corporation (FDIC).
If convicted at trial, Manley faced a sentence of no more than 80 years in federal prison, a fine of $1,000,000., and a period of no more than five years of supervised release. Manley was arrested by U.S. Marshals on January 2, 2013.
This case is being prosecuted by Assistant United States Attorney Randy Ream and was investigated by Louisville Metro Police and the Federal Bureau of Investigation (FBI).
Jefferson County Man Guilty of Federal Carjacking and Firearms ViolationsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 19-year-old Beaumont man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Emonte Jackson pleaded guilty to carjacking and brandishing a firearm during a crime of violence today before U.S. District Judge Ron Clark.
According to information presented in court, on Mar. 18, 2013, law enforcement officers spotted a vehicle which had been reported stolen in an aggravated robbery on Mar. 16, 2013. The driver, later identified as Emonte Jackson, evaded the officers in his vehicle during a high speed chase through a residential area of Beaumont, Texas. After striking two unattended vehicles, Jackson fled the scene and was apprehended underneath a house.
The vehicle Jackson was driving was identified as a 1996 Toyota Camry. This vehicle had been reported stolen on Mar. 16, 2013. The driver of the vehicle on Mar. 16, 2013 advised officers that she picked up Jackson, whom she had previously met, at a location in Beaumont, and agreed to pick up Jackson’s “brother”, later identified as Dwight Elam at a different location in Beaumont. Jackson had the driver drive around for approximately 45 minutes before having the driver drive them back to the location where Elam was picked up. At that location, Jackson attempted to take the car keys from the ignition and began struggling with and choking the driver. Jackson then pulled out a small, silver, semi-automatic pistol and threatened to shoot the driver if she did not relinquish her keys to him. Jackson then retrieved the car keys from the driver and threatened to kick her in the face if she would not leave the vehicle. During this time, Elam was demanding the cell phones from the driver and her friend who was in the vehicle with her. The friend gave her cell phone to Elam and left the scene. Jackson sped off in the Toyota Camry.A federal grand jury indicted Jackson on Oct. 2, 2013. Jackson faces up to 15 years in federal prison for the carjacking offense and another seven years for the firearms violation. A sentencing date has not been set.
This case is being prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case is being investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case is being prosecuted by Assistant U.S. Attorney Michelle Englade.Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that during a federal court session in Great Falls, Montana, on January 14, 2014, before U.S. Magistrate Judge Strong, the following individual appeared:
- DAVID J. LEWIS, a 50 year-old resident of Brockton made an initial appearance on a complaint alleging second degree murder. He is currently detained. If formally charged with this offense by indictment, LEWIS, faces life in prison, $250,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation is a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-02
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 Ostby in Billings on January 9, 2014, and entering pleas of Not Guilty were:
- JOLENE MARIE CALVIN, a 33-year-old resident of Billings appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious offenses charged in the indictment, CALVIN faces life in prison, $250,000 in fines and five years supervised release. The investigation was conducted by the FBI Task Force. PACER Case Reference: 13-104
Appearing before U.S. Magistrate Judge Ostby in Billings on January 13, 2014, and entering pleas of Not Guilty were:
- JAIME ALBERTO GARZA, a 42-year-old resident of Othello, Washington appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, false representation of a Social Security Number, and identity theft. If convicted of the most serious offenses charged in the indictment, GARZA faces life in prison, $250,000 in fines, and five years supervised release. The investigation was a cooperative effort between the Drug Information Administration, Federal Bureau of Investigation, Border Patrol, Montana Division of Criminal Investigations, Sidney Police Department, Richland County Sheriff's Office, Sweetgrass County Sheriff's Office and the Montana Highway Patrol. PACER Case Reference: 13-78
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 14, 2014, and entering pleas of Not Guilty were:
- JENNIFER ANN DONEY, a 47-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, DONEY faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- DAWN CECELIA JONES, a 33-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, JONES faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- SANDRA MARIE SANDERVILLE, a 58-year-old resident of Browning appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, SANDERVILLE faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-118
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.
Keri
Ideal Man Sentenced for Failure to Register as A Sex Offender and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ideal, South Dakota, man convicted of one count of Failure to Register as a Sex Offender and one count of False Statement was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Loren Running Horse, a/k/a Bo Running Horse, age 43, was sentenced to 24 months in custody on each count, 5 years of supervised release for Failure to Register as a Sex Offender, 3 years of supervised release for False Statement, and a $200 special assessment to the Federal Crime Victims Fund. The sentences and terms of supervised release for each count are to be served concurrently.
Running Horse was indicted by a federal grand jury on April 12, 2013. He pled guilty on October 22, 2013.
On June 6, 1998, Running Horse was convicted of Sexual Abuse of a Minor. As a result of his conviction, Running Horse was ordered to register as a sex offender and was aware of his duty to do so. On or about between February 4 and March 4, 2013, Running Horse was living in various locations on Rosebud. During that time he failed to register as a sex offender. Running Horse was apprehended in Todd County on March 4, 2013. On March 5, 2013, Running Horse told a federal officer that he did not begin living on Rosebud until March 4, when in fact knew this statement to be false. Running Horse began living on the Rosebud Reservation on or about January 2, 2013.
This case was investigated by U.S. Marshal Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Running Horse was immediately turned over to the custody of the U.S. Marshals Service.
ICE returns recovered, 'most wanted' stolen antiquities to IndiaRead the Press Release
NEW YORK - U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) returned three recovered sculptures, valued at more than $1.5 million, to the government of India Tuesday during a repatriation ceremony at the consulate in New York City. One of the objects - a 350-pound sandstone sculpture stolen from an Indian temple in 2009 - was listed as one of INTERPOL's top 10 most wanted stolen works of art.
HSI Executive Associate Director James A. Dinkins presented the artifacts to Consul General of India Dnyaneshwar M. Mulay, alongside INTERPOL Washington Director Shawn Bray.
“The excellent international cooperation between the United States and India led to the recovery and return of these priceless antiquities,” said Dinkins. “The pilfering of a nation's cultural patrimony cannot and will not be tolerated.”
“Prevention of illegal trade in antiquities has emerged as an important area of cooperation between India and the United States as can be seen from this recent recovery of stolen Indian antiquities,” said Mulay. “I deeply appreciate the excellent work done by ICE HSI in getting these three priceless Indian assets recovered. The successful investigations and repatriation of these cultural artifacts underscores the importance of growing institutional partnership, which is of great significance to both countries.”
“There is no better example of what can be accomplished through the collaboration between US and international law enforcement via INTERPOL than the astounding results of this investigation, which have led to today's repatriation of these artifacts to their rightful place with the people of India,” said Bray. “INTERPOL Washington is proud to have been able to assist ICE Homeland Security Investigations in obtaining the documentation and images necessary to help identify the objects as those stolen from India.”
Two of the three artifacts returned to India were reported in 2009 by the Archaeological Survey of India (ASI), who notified the Indian Consulate about two sandstone sculptures stolen from the Gadgach Temple in Atru, Rajasthan, India. The 350-pound “Vishnu and Lakshmi” sandstone sculpture dates back to the 11th or 12th century and was listed as No. 6 on INTERPOL's top 10 most wanted works of art. Also stolen from the temple and repatriated during the Jan. 14 ceremony was the 600-pound “Vishnu and Parvati” sandstone sculpture, dating to the same period.
The third artifact is a male deity black sandstone sculpture, depicting a Bodhisattva, a popular subject in Buddhist art, and is believed to date back to the 11th or early 12th century from either the Indian State of Bihar or Bengal.
The investigation that led to this repatriation began April 13, 2010, when HSI New York special agents received information that the Indian sandstone sculptures recently looted from India were being offered for sale in the United States. HSI special agents discovered that the “Vishnu and Lakshmi” was transported from India to Hong Kong. From there, it was sold to a dealer in Thailand, and then resold to a buyer in London. The London buyer shipped the sculpture to New York City for an exhibition in March 2010. On April 15, 2010, HSI special agents recovered the piece while it was being shipped back to London.
On July 12, 2010, as a direct result of the “Vishnu and Lakshmi” seizure, a sister piece, the “Vishnu and Parvati,” was seized. It was transported to Hong Kong, sold to a buyer in New York and then sold and shipped to a buyer in Basel, Switzerland.
On July 7, 2011, the Indian black stone Bodhisattva figure was discovered being smuggled into the United States at Newark Airport by U.S. Customs and Border Protection officers. HSI special agents seized it after discovering that its accompanying paperwork declared Great Britain as a false country of origin. In addition, the item was grossly undervalued.
The New York County District Attorney's Office assisted in this investigation.
The last ICE cultural property repatriation to India was in 2006 when ICE agents in NY returned a ninth century stone idol that had been stolen from a temple in Mandsaur in Madhya Pradesh in 2000.
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.
Learn more about HSI cultural property, art and antiquities investigations. 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 to complete its online tip form.
Hunting and Fishing Guide Sentenced for Federal Wildlife Violation “Gar Guy” Sentenced for Transporting Alligator Killed in Violation of State and Federal LawRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 49-year-old Kennard, Texas, hunting and fishing guide has been sentenced for transporting an alligator that he knew had been shot in violation of state and federal wildlife laws, announced U.S. Attorney John M. Bales today.
Steve Barclay pleaded guilty on Aug. 13, 2013, to the felony offense of transporting wildlife taken in violation of federal law and was sentenced to three years’ probation and ordered to pay a $5,000 fine today by U.S. District Judge Ron Clark.
According to information presented in court, Barclay admitted that on May 8th, 16th, and 20th of 2008 he witnessed John A. McCall, a client for whom he was providing guide services, shoot and kill a total of three alligators even though Barclay knew that Texas law limits hunters to one alligator per hunter per season. Barclay admitted that he transported the alligator killed on May 20, 2008 in Leon County to Sportsman’s Memory taxidermy shop in Grapeland, Texas.
The Endangered Species Act prohibits the taking of any threatened species of fish or wildlife in violation of any federal or state regulation pertaining to such species. Alligators are listed as a threatened species pursuant to the Endangered Species Act. The Lacy Act prohibits the transport, receipt, or acquisition of any wildlife taken, possessed, or transported in violation of any law, treaty, or regulation of the United States.
“Our State partner was essential to the success of this case, and that cooperation remains critical to disrupting wildlife taken in violation of Federal Law,” said Special Agent in Charge of the U.S. Fish and Wildlife Service Southwest Region Nicholas E. Chavez. "With our combined efforts, we protect our threatened/endangered listed species, and other wildlife from being exploited in our Nation."This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement, Houston, and the Texas Parks and Wildlife Department, Criminal Investigations Division, and prosecuted by Assistant U.S. Attorneys Jim Noble and Joe Batte.
The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on its work and the people who make it happen, visit www.fws.gov . Connect with its Facebook page at www.facebook.com/usfws , follow its tweets at www.twitter.com/usfwshq , watch its YouTube Channel at http://www.youtube.com/user/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq .
Hogsett Announces More Wabash Valley Results in “operation Community Watch”Read the Press Release
Local man sentenced to ten years after being found with extensive child pornography collection
TERRE HAUTE - Joseph H. Hogsett, the United States Attorney, announced today that Chris A. Lowery, age 47, was sentenced today by U.S. District Judge William T. Lawrence to 120 months (10 years) in federal prison after admitting that he possessed child pornography. Hogsett noted that today’s sentencing decision represented more local results for Operation Community Watch, a new effort which aims to reduce the abuse of Hoosier children through innovative investigative techniques and aggressive prosecution.
“This defendant learned what so many other criminals have learned since the launch of Operation Community Watch – you are not anonymous online,” Hogsett said. “If you engage in the exploitation of children, online or offline, you will be identified and you will face the full weight of federal law.”
According to court documents, investigators began investigating Lowery in May 2012. A search warrant revealed the defendant to be in possession of an extensive child pornography collection. These materials included horrific images and videos showing the abuse of children as young as age five. All told, investigators identified more than one thousand images depicting child exploitation in Lowery’s possession, and the total collection exceeded 20,000 images. As part of the federal prosecution, law enforcement has moved to seize all of the computers and other electronic devices associated with the defendant’s criminal activity.
According to Assistant U.S. Attorney Gayle Helart, who prosecuted the case for the government, Lowery was ordered to serve ten years supervised release at the end of his prison term. Under federal law, the defendant must serve at least 85% of his sentence within a federal correctional facility.
This arrest comes as Hogsett has announced a comprehensive crackdown on child exploitation in Indiana. Just last year, he launched "Operation Community Watch," which will allow prosecutors and investigators to use cutting-edge techniques to identify and charge people in Hoosier communities who are engaged in the receipt and trafficking of child pornography materials. In this case, these efforts were facilitated by Federal Bureau of Investigation, the Indiana State Police, the Indiana Internet Crimes Against Children Taskforce, along with Terre Haute and Vigo County law enforcement.
This case was brought as part of Project Safe Childhood, a larger nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Hogsett pointed out that in the last Project Safe Childhood reporting year, the Office prosecuted 52 defendants, an increase of 37% over the prior year, and 49 defendants were convicted and sentenced. These are all-time records for the Office.
The greatest measure of the PSC program's impact, however, is the identification and rescue of child victims of sexual exploitation and abuse. Over the last year, the U.S. Attorney's Office successfully identified more than 120 child victims, including minors in Indiana, numerous places in the United States, Canada, Switzerland, and other countries around the world.
Led nationally 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.
H. Ty Warner Sentenced to Probation After Paying $80 Million in Taxes and Penalties for Tax Evasion on Funds Hidden in Secret Swiss Bank AccountsRead the Press Release
CHICAGO — H. TY WARNER, the creator of Beanie Babies and other plush animal toys was sentenced today to two years’ probation for failing to report more than $24.4 million in income, and evading nearly $5.6 million in federal taxes, from millions of dollars he hid for more than a decade in secret foreign financial accounts at two banks based in Switzerland.
Warner, 69, of west suburban Oak Brook and the Santa Barbara, Calif., area, the sole owner of TY Inc., a Westmont-based company that designs and sells plush toy animals including Beanie Babies, as well as other business interests, was charged with, and pleaded guilty to, a single count of tax evasion last fall.
“Society will be best served to allow [Warner] to continue his good works,” U.S. District Judge Charles Kocoras said in imposing the sentence. Judge Kocoras also ordered Warner to perform at least 500 hours of community service for at least three Chicago high schools and to pay a $100,000 fine.
In addition, Warner has paid more than $53 million in a civil penalty, representing 50 percent of the highest balance of his unreported foreign bank accounts, which at its peak was more than $100 million, as well as approximately $27 million in back taxes and interest.
“It is imperative when an individual brazenly breaks the law and lies repeatedly on tax returns year after year and evades millions of dollars in taxes, that person has to be held accountable. That’s true if you are rich or poor and no one is above the law,” said Zachary T. Fardon, United States Attorney for the Northern District of Illinois.
“When people cheat on their taxes, honest taxpayers suffer the consequences and have to make up the difference. IRS Criminal Investigation is here to ensure that everyone pays their fair share of taxes regardless of their social status,” said James C. Lee, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.
In pleading guilty, Warner admitted that between 1996 and 2008, he opened and maintained undeclared bank accounts in Switzerland at both UBS AG and Zuercher Kantonalbank (ZKB). Warner failed to report the income from those accounts, as well as their existence, on his individual income tax returns and amended returns for tax years 1996 through 2007. Between 1999 and 2007, Warner’s unreported gross income from those accounts totaled $24,448,912, while the there are no records of how much he earned for the tax years 1996-98.
Warner also admitted that he failed to report his interest in the foreign bank accounts each year from 1996 to 2008 to the Treasury Department, as required on the Report of Foreign Bank and Financial Accounts (FBAR) form. U.S. taxpayers must report foreign financial accounts if the total value of the accounts exceeds $10,000 at any time during the calendar year, and a deliberate failure to file the FBAR form can result in a civil penalty of up to 50 percent of the high balance in the account each year.
According to court documents, Warner traveled to Zurich in January 1996 to open an undeclared account at UBS and executed a form instructing that any correspondence regarding the account be held at the bank in Switzerland rather than being mailed to him in the United States. Warner has never identified the source of the funds or the purpose behind the secret account, other than to suggest that opening the account was based on the success of Beanie Babies sales. It remains unknown if the initial deposits were diverted pre-tax funds, which, if so, would significantly increase the tax loss.
In 2001, UBS agreed to report certain tax information to the Internal Revenue Service. In 2002, Warner’s UBS banker, Hansreudi Schumacher, left UBS and later counseled his former clients to move their UBS accounts to ZKB because it had no similar agreement with the IRS. In December 2002, Warner traveled to Zurich and transferred approximately $93.63 million from UBS to ZKB, where his new account was managed by Schumacher, who was indicted in Florida in 2008 for conspiracy to defraud the United States and remains a fugitive.
Instead of opening the ZKB account in his own name, Warner opened the account in the name of a purported Liechtenstein entity, the “Molani Foundation,” which effectively concealed his identity as the account holder. From 2002 through tax year 2007, Warner, again, did not report the existence of, or income from, the ZKB account, and he also failed to report the accounts and income on amended tax returns he filed in December 2007 for tax years 2002-05.
In early 2009, UBS entered into a deferred prosecution agreement with the United States, admitting that it helped U.S. taxpayers hide accounts from the IRS. As part of the agreement, UBS provided the government with the identities of, and account statements for, certain U.S. clients. The IRS also announced a voluntary disclosure program for taxpayers to declare secret accounts, but taxpayers whose accounts were already known the government were ineligible for the program.
Despite publicity in 2009 of tax fraud indictments of former UBS employees, including Schumacher, and its U.S. clients, Warner did not attempt to disclose his account at ZKB until late 2009, after he learned that UBS was going to disclose client records and that Schumacher had been indicted. Warner requested eligibility for the voluntary disclosure program a week before the original deadline in September 2009, but the government had learned that he had an undisclosed UBS account in the summer of 2008, according to court documents.
Warner is the second taxpayer convicted and sentenced in Federal Court in Chicago in connection with the investigation of U.S. taxpayer clients of UBS and other overseas banks that hid foreign accounts from the IRS.
Tax evasion carries a maximum penalty of five years in prison and a $250,000 fine. In addition, a defendant convicted of tax offenses faces mandatory costs of prosecution and remains civilly liable to the government for any and all back taxes, as well as a potential civil fraud penalty of up to 75 percent of the underpayment plus interest. Federal tax law requires U.S. taxpayers pay taxes on all income earned worldwide and to report certain foreign financial accounts.
The government was represented at sentencing by Assistant U.S. Attorneys Michelle Petersen and Patrick King.
Four Individuals Indicted in January Federal Grand JuryRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office announced today the results of the January 2014 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
ALLISON FAITH BATTLES, age 29, of Krebs, OK
Making A False Statement
Theft Of Government FundsThe Indictment alleges that from on or about February 16, 2012, in the Eastern District of Oklahoma, the defendant, did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration. It further alleges that from in or about January 2007 to in or about May 2012 and July 2009 to in or about April 2012, in the Eastern District of Oklahoma, the Defendant, did willfully and knowingly embezzle, steal and convert to her own use, money and things of value from the Social Security Administration and the Oklahoma Department of Human Services, an agency receiving and administering funds on behalf of the United States. The charge arose from an investigation by the Oklahoma Department of Human Services, Office of Inspector General and the Social Security Administration, Office of Inspector General.
The charges are in violation of Title 18, United States Code, Section 1001(a)(2), punishable by not more than 5 years imprisonment and/or up to a $250,000.00 fine; and Title 18, United States Code, Section 641, punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Chris Wilson
TOMAS CAMARGO-CHAVEZ, a/k/a THOMAS CAMARGO, a/k/a THOMAS CAMARGO-CHAVEZ, a/k/a "SCARFACE", age 39, of Poteau, OK
Possession of a Controlled Substance with Intent to Distribute
Illegal Reentry of Previously Removed AlienThe Indictment alleges that on or about September 26, 2013, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with the intent to distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance and was found in the United States after having been deported and removed from the United States at or near England Air Force Base at Rapides, Louisiana, on or about May 19, 2008, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission to the United States.
The charges arose from an investigation by the Oklahoma Bureau of Narcotics and Department of Homeland Security Investigations. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment and/or up to a $1,000,000.00 fine and Title 8, United States Code, Sections 1326(a) and 1326(b), punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Kyle Waters
FELIPE RANGEL-HERNANDEZ, a/k/a FELIPE HERNANDEZ, age 38, of Mexico
Illegal Alien in Possession of Firearms
Illegal Reentry of a Previously Deported AlienThe Indictment alleges that on or about December 19, 2013, within the Eastern District of Oklahoma, the defendant, then being an alien illegally and unlawfully in the United States, did knowingly possess in and affecting commerce, the following firearms, to-wit: one Mossberg Model 100 ATR, 30-06 caliber rifle and one Glenfield Model 60 .22 LR caliber rifle both of which had been shipped and transported in interstate commerce. The Indictment further alleges that on or about December 19, 2013, in the Eastern District of Oklahoma, the defendant an alien, was found in the United States after having been deported and removed from the United States at or near Del Rio, Texas, on or about January 20, 2011, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission to the United States. The charges arose from an investigation by the Department of Homeland Security Investigations.
The charges are in violation of Title 18, United States Code, Section 922(g)(5)(A), punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine and Title 8, United States Code, Section 1326(a), punishable by not more than 2 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Kyle Waters
DWAIN DOUGLAS McVEY, age 65, of Watts, OK
Possession Of Unregistered Firearm (Destructive Device)
Felon In Possession Of FirearmThe Indictment alleges that on or about August 30, 2013, within the Eastern District of Oklahoma, the defendant did knowingly possess a destructive device, more particularly described as a glass bottle containing black powder, screws and nails with a fuse attached, which is a firearm, as defined in Title 26, United States Code, Section 5845, that was not registered to him. It is further alleged that the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, several firearms which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Adair County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The charges are in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871 and Title 18, United States Code, Section 922(g)(1), both punishable by up to 10 years imprisonment, and/or a $250,000 fine.
Assistant United States Attorney Chris Wilson
Former Sevierville, Tenn., Resident Sentenced to Prison for Tax EvasionRead the Press Release
The Justice Department and the Internal Revenue Service (IRS) announced today that Jimmie Duane Ross, of Lehi, Utah, and formerly of Sevierville, Tenn., was sentenced to serve 51 months in prison based on his Aug. 7, 2013 conviction of five counts of tax evasion following a jury trial. The U.S. District Court for the Eastern District of Tennessee also sentenced Ross to serve three years of supervised release following his prison term and ordered him to pay restitution of $532,389.
According to the indictment and evidence produced at trial, Ross won a monetary award of approximately $840,000 in 1999 after arbitration of an employment dispute with a former employer. Ross then proceeded to file a false mortgage on his residence, file a false lien on his vehicle, deal extensively in cash and direct funds to an offshore account in order to evade paying the full amount he owed in income tax for 1999. In addition, from 2004 through 2007, Ross earned commission income for referring clients to what appeared to be an investment company based in Nevis and evaded his taxes by using nominees and other means.
The case was investigated by IRS-Criminal Investigation and was prosecuted by Trial Attorneys Kevin Lombardi and Kimberly Shartar of the Tax Division.
Additional information about the Justice Department’s Tax Division and its enforcement efforts may be found at www.justice.gov/tax .
Former President of Vonetex LLC Admits Paying Kickbacks in Connection with TSA Contract for High-Tech Phone SystemsRead the Press Release
TRENTON, N.J. - The former president of Vonetex LLC today admitted that he paid nearly $100,000 in kickbacks to benefit himself under a subcontract to a Transportation Security Administration (TSA) contract for high-tech phone systems.
Neil Metzger, 41, of Leesburg, Va., pleaded guilty before U.S. District Judge Michael A. Shipp to an information charging him with conspiracy to pay kickbacks in connection with a government contract.According to documents filed in this case and statements made in court:
Metzger was the president of Vonetex, a technical services and training company. Unisys, a government contractor, won a contract from the U.S. Department of Homeland Security that included the installation and servicing of high-tech phone services for the TSA. Vonetex was awarded a subcontract through an intermediary company, Izar Associates Inc.
Vonetex was paid, through Izar, for each hour that its employees and contractors billed for work on the contract. James Anderson, 55, of Gainsville, Ga., was a project manager at Unisys who managed work performed pursuant to the contract. Vickie Idoux-Walz, 48, of Gainsville, Ga., was in a romantic relationship with Anderson, but was not an employee of Vonetex, Unisys, or Izar.
Metzger admitted that in November 2008 he agreed to provide kickback payments to Anderson through Idoux-Walz equal to $5 or $10 per hour that each Vonetex employee and contractor billed to the contract.
In December 2008, Metzger entered into a written agreement with Idoux-Walz in which Vonetex agreed to pay Idoux-Walz a fee for consulting services. The agreement also stated that for each hour billed by a Vonetex resource at Unisys, Idoux-Walz was to be given credits which could be used for discounts on additional work or equipment, or redeemed for cash. Each month, Idoux-Walz sent Metzger an invoice based on hours billed by Vonetex employees and contractors, and Metzger periodically sent kickback checks to Idoux-Walz with the understanding that the money represented the kickback payments Metzger had agreed to pay Anderson.
Metzger admitted that he paid a total of approximately $97,850 in kickbacks to Anderson through Idoux-Walz. Metzger also admitted that he made false claims against the government in the form of overbilling in June and July 2010, which resulted in a loss to the government of approximately $100,000.
The count of conspiracy to pay kickbacks in connection with a government contract to which Metzger pleaded carries a maximum potential penalty of five years in prison and a $250,000 fine. Metzger has also agreed to pay the government $100,000 in restitution. Sentencing is scheduled for April 22, 2014.
U.S. Attorney Fishman credited special agents of the U.S. Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in Charge Gregory K. Null, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney John E. Clabby of the U.S. Attorney’s Office in Trenton.
14-016
Defense counsel: Michael Sullivan Esq., Morristown, N.J., and Danny Onorato Esq., Washington, D.C.
Metzger, Neil Information
Former Madison Resident Sentenced to Prison for Defrauding Banks to Keep Business AfloatRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that WILLIAM LECKEY, 48, of Buffalo, N.Y., formerly of Madison, was sentenced yesterday by U.S. District Judge Janet Bond Arterton in New Haven to 29 months of imprisonment, followed by three years of supervised release, for engaging in a fraud scheme that victimized financial institutions of more than $1.7 million.
According to court documents and statements made in court, from approximately 2002 until 2012, LECKEY was the President and owner of Anchor Capital Services, Inc. (“ACS”), which provided financing to companies looking to purchase heavy equipment, such as tractor trailer trucks, dump trucks, backhoes and other similar types of equipment. ACS provided its customers with high interest rate leases, and funded the transactions through lines of credit it had available with various financial institutions. ACS would draw down on the lines of credit it had with these financial institutions by pledging its lease agreements and the related equipment as collateral. After each deal was funded by the financial institutions, ACS’s customer would make monthly payments to ACS on the lease, and ACS would use those funds to pay down the line of credit with the bank.
LECKEY and others engaged in a long-running fraud scheme to obtain money from financial institutions to use as operating capital for ACS. As part of the scheme, LECKEY and others made false representations to the financial institutions that ACS had entered into lease transactions with customers for specified pieces of heavy equipment when, in fact, they knew that no such lease transaction had been conducted or the transaction never transpired after the lease had been signed. As a result of these false statements, the financial institutions funded these nonexistent transactions in amounts well in excess of $100,000 on a number of occasions.
On one occasion in October 2010, LECKEY created a bogus customer to serve as the purported lessee of the equipment, and proceeded to defraud the financial institution into releasing $150,000 to ACS.
As a result of this scheme, ACS received more than $1.7 million from financial institutions on its letters of credit.
Judge Arterton ordered LECKEY to pay restitution in the amount of $ $1,709,640 to two victim financial institutions.
On August 1, 2013, LECKEY pleaded guilty to one count of conspiracy to commit bank fraud.
This ongoing investigation is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Senior Litigation Counsel Richard J. Schechter and Assistant U.S. Attorney Paul A. Murphy.
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(203) 821-3722 [email protected]Former Lorain County, Ohio, Corrections Officer Sentenced to Serve 18 Months in Prison for Repeatedly Striking InmateRead the Press Release
A former Lorain County, Ohio, corrections officer was sentenced today to serve 18 months in prison followed by two years of supervised release after previously pleading guilty to one count of deprivation of rights under color of law, announced Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division, U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.
Marlon Taylor, 47, of Vermilion, Ohio, was working as a corrections officer in Lorain County Jail on July 29, 2012, when he assaulted an inmate by striking him repeatedly, according to court documents.
These actions caused bodily injury to the inmate and deprived the inmate of the right to be free from cruel and unusual punishment, according to court documents.
"Uses of excessive force by corrections officers undermine our system of justice and the rule of law,” said Acting Assistant Attorney General Samuels. “Today's sentence reflects that the Department of Justice will aggressively protect the constitutional rights of every American."
“The vast majority of law enforcement officials do a great job,” said U.S. Attorney Dettelbach. “When someone abuses the power and privileges of their office, however, they can and will be held accountable.”
“Marlon Taylor is not representative of the vast majority of the honorable men and women serving within the criminal justice system,” said Special Agent in Charge Anthony. “Any allegation of abuse or excessive force involving law enforcement officers takes on a particular sense of urgency and will continue to be a priority for the FBI.”
This investigation has been conducted by the FBI’s Cleveland Office. Assistant U.S. Attorneys Antoinette T. Bacon and Lauren Bell and Trial Attorney Betsy Biffl prosecuted the case.
Former Lorain County Corrections Officer Sentenced to 18 Months in Prison for Repeatedly Striking InmateRead the Press Release
A former Lorain County corrections officer was sentenced today to serve 18 months in prison followed by two years of supervised release after previously pleading guilty to one count of deprivation of rights under color of law, announced Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division, U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.
Marlon Taylor, 47, of Vermilion, Ohio, was working as a corrections officer in Lorain County Jail on July 29, 2012, when he assaulted an inmate by striking him repeatedly, according to court documents.
These actions caused bodily injury to the inmate and deprived the inmate of the right to be free from cruel and unusual punishment, according to court documents.
"Uses of excessive force by corrections officers undermine our system of justice and the rule of law,” said Acting Assistant Attorney General Samuels. “Today's sentence reflects that the Department of Justice will aggressively protect the constitutional rights of every American."
"The vast majority of law enforcement officials do a great job,” said U.S. Attorney Dettelbach. “When someone abuses the power and privileges of their office, however, they can and will be held accountable.”
“Marlon Taylor is not representative of the vast majority of the honorable men and women serving within the criminal justice system,” said Special Agent in Charge Anthony. “Any allegation of abuse or excessive force involving law enforcement officers takes on a particular sense of urgency and will continue to be a priority for the FBI.”
This investigation has been conducted by the FBI’s Cleveland Office. Assistant U.S. Attorneys Antoinette T. Bacon and Lauren Bell and Trial Attorney Betsy Biffl prosecuted the case.
Former Johnstown Redevelopment Authority Director Charged with Extortion, BriberyRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., has been indicted by a federal grand jury in Johnstown on charges of violating federal extortion and bribery laws, United States Attorney David J. Hickton announced today.
The six-count indictment named Ronald W. Repak, 62.
According to the indictment presented to the court, Repak, while serving as Executive Director of the Johnstown Redevelopment Authority (JRA), engaged in conduct in violation of the Hobbs Act for extortion under color of official right, and engaged in multiple acts of federal program bribery. Specifically, in exchange for Repak’s official actions and influence as the Executive Director of the JRA to facilitate the award of JRA contracting work, Repak solicited and obtained from local contracting firms a new roof for his personal residence, building demolition and grading services at Evolution Gym, his son’s privately-owned business, and multiple Pittsburgh Steelers football game tickets.
The law provides for a maximum total sentence of 90 years in prison, a fine of $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Repak.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Destin Builder Sentenced to 75 Months in Prison for Fraud and Theft of his Ex-Wife's IdentityRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Lawrence Allen Wright, 46, of Niceville, Florida, was sentenced by Senior Federal District Court Judge Lacey A. Collier to 75 months in prison and ordered to pay over $3.7 million dollars in restitution.
Wright’s sentence is a result of his guilty plea last October to a seven-count Information charging: one count of conspiracy to commit bank fraud, one count of conspiracy to commit money laundering, two counts of bank fraud, one count of mail fraud, one count of aggravated identity theft, and one count of making a false statement to federally insured financial institution.
In pleading guilty, Wright admitted to conspiring with other individuals to commit bank fraud and money laundering. As a part of that scheme, Wright solicited individuals to act as straw buyers to purchase unimproved lots located in Walton County, using loans from Countrywide, so Wright could build homes on the lots. While soliciting the straw buyers, Wright promised to make payments on the fraudulent loans and pay the earnest money deposit and closing costs for the straw buyers. Wright told the straw buyers that he would be able to sell the properties for a profit after he built homes on them and that he would then share a portion of the proceeds with the straw buyers.
In addition to the conspiracy charges, Wright pled guilty to defrauding Regions Bank, Beach Community Bank, and GulfSouth Private Bank. Three of the counts concerned Wright causing another individual to sign his ex-wife’s name on legal documents without his ex-wife’s knowledge or permission. The legal documents included mortgage loan documents, promissory notes, and tax returns.
This case was investigated by IRS-CI, Federal Deposit Insurance Corporation-Office of Inspector General, U.S. Treasury, Office of the Special Inspector General for the Troubled Asset Relief Program, and the Okaloosa County Sheriff’s Office as part of the Northwest Florida Financial Crimes Task Force.
This case was prosecuted by Assistant U.S. Attorney Tiffany H. Eggers.Former Co-Owners of Palmer Company Plead Guilty to Wire FraudRead the Press Release
BOSTON – The former co-owners of a Palmer equipment company pleaded guilty yesterday in U.S. District Court in Springfield to conspiracy and wire fraud.
Aaron Peabody, 42, of Houlton, Maine, and Gary Como, 49, of Warren, Mass., pleaded guilty to conspiracy to commit wire fraud and three counts of wire fraud.
Between 2006 and 2010, Como and Peabody were co-owners of New England Equipment Company (NEECO, Inc.). During that time, Como and Peabody engaged in a long running scheme that was perpetrated in a variety of ways, resulting in losses of more than $1 million. Their schemes included obtaining fake loans using the names of NEECO's customers and by selling rented or leased wood chipping machines equipment that they did not own and selling them to customers. Como and Peabody also engaged in check-kiting through a rapid series of deposits and withdrawals between two banks, giving the impression that NEECO had more money that it did. When one of the banks stopped honoring NEECO’s checks, the other bank had lost more than $138,000.
Furthermore, the men obtained money in other ways, including by taking wood chipping equipment on consignment from NEECO’s customers and falsely promising to pay back the customer’s loan on the equipment once the machine sold. After the machine was sold on consignment, they kept the sale proceeds and left the customer liable for the loan.
U.S. District Judge Michael A. Ponsor scheduled sentencing for April 10, 2014. Como and Peabody face a maximum sentence of 20 years in prison, three years of supervised release, and a $250,000 fine on each count of wire fraud.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Chief Robert P. Frydryk of the Palmer Police Department, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Alex J. Grant of Ortiz's Springfield Branch Unit.
Former City Clerk in Havana, KS Charged with EmbezzlementRead the Press Release
WICHITA, KAN. - A former city clerk for the city of Havana, Kan., was charged Monday with embezzling funds from the city and her church, U.S. Attorney Barry Grissom said.
Diana L. Cox, 67, Havana, Kan., was charged with one count of bank fraud and one count of wire fraud. A criminal information filed in U.S. District Court in Wichita alleges Cox stole approximately $14,658 from the city of Havana in August 2011 while she was city clerk. The thefts took place after she falsely reported to Arvest Bank in Caney, Kan., that the city had changed its policy to require only one signature on checks written for city business. The charges also allege she devised a scheme to steal more than $44,568 from Cross Point Baptist Church in Caney, Kan. She transferred money from church’s accounts to make her daughter’s mortgage payment.
If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on the bank fraud charge, and a maximum penalty of 20 years and a fine up to $250,000 on the wire fraud count. The FBI investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Former Canyon County Prosecutor Indicted in Federal CourtRead the Press Release
United States Charges John Bujak with Bankruptcy Fraud, Money Laundering and Obstruction of Justice
BOISE – John T. Bujak, 44, of Eagle, Idaho, was indicted today by a federal grand jury in Boise on charges of bankruptcy fraud, concealment of assets, making a false statement under oath, money laundering, and obstruction of justice, U.S. Attorney Wendy J. Olson announced. An initial court date has not been set.
The indictment alleges that from November 1, 2010, to September 21, 2011, Bujak concealed from a bankruptcy trustee and creditors his and his then wife’s ownership in a women’s Rolex watch, by knowingly failing to disclose it, under oath, on the statement of assets filed as part of his bankruptcy petition.
The indictment alleges that Bujak sold the women’s Rolex watch and a diamond ring to a jewelry store in Florida and received a check for $26,000, $25,000 of which was payment for the Rolex watch. According to the indictment, Bujak concealed the sale and his receipt of the $26,000 from the United States trustee, the bankruptcy trustee, and his creditors, by intentionally cashing it at a MoneyTree store in Caldwell, Idaho, rather than depositing it into his personal bank accounts or cashing it at his bank.
When the sale of the women’s Rolex watch came to the attention of the bankruptcy trustee, the government alleges that Bujak made false statements to the trustee by stating that he and his then wife originally purchased the watch as a gift for his mother-in-law, that they did not possess it when they filed for bankruptcy, and that his mother-in-law returned the watch after 2 they filed for bankruptcy. The indictment also alleges that Bujak attempted to persuade his then wife to make false statements to the bankruptcy trustee regarding the watch.
The charges of bankruptcy fraud, concealment of assets and making a false statement under oath are each punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of money laundering is punishable by up to 20 years in prison and/or a fine of not more than $500,000, or twice the value of the property involved in the transaction, whichever is greater, and up to five years of supervised release. Obstruction of justice is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The government is seeking forfeiture of proceeds of the unlawful activity and property involved in money laundering.
The case is being investigated by Internal Revenue Service-Criminal Investigation.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Agriculture Commissioner Sentenced to 27 Months for Misappropriating Department FundsRead the Press Release
FRANKFORT, KY - Former Commissioner of the Kentucky Department of Agriculture, Richard Dwight Farmer, Jr., was sentenced today to 27 months in federal prison and one year supervised release for misappropriating public resources during his tenure in office.
U.S. District Judge Gregory Van Tatenhove sentenced Farmer for theft from a program receiving federal funds. In addition to the prison term, Farmer will also be required to pay $120,500 in restitution to the Commonwealth of Kentucky and a special assessment of $200.00. Judge Van Tatenhove released Farmer on his own recognizance and ordered Farmer to report to prison to begin serving his sentence on March 18, 2014, at 1:00 p.m. At a later date, the Bureau of Prisons will determine to which prison Farmer will report. Farmer will have to serve at least 85 percent of his prison sentence.
“We appreciate the Court’s thoughtful decision regarding Mr. Farmer’s sentence,” said U.S. Attorney Kerry B. Harvey. “This sad episode now concludes, but we hope that it sends a lasting message that neither political power nor celebrity places anyone above the law. The public has been well-served by the dedicated law enforcement officers and prosecutors who prepared and prosecuted this case – their commitment to the task is noteworthy and appreciated.”
During his guilty plea in September 2013, Farmer admitted that he misappropriated a total of $120,500, by hiring friends who didn’t perform work to justify their salaries and purchasing a number of items for his personal use with Kentucky Department of Agriculture (KDA) funds.
Specifically, Farmer admitted that, in 2008, he used approximately $19,500 in KDA money to buy excessive gifts for a KDA sponsored conference. Farmer purchased rifles, rifle cases, knives, and gift cards, purportedly for use at the conference; but he actually took the items for his own use. Farmer further acknowledged that, in both 2008 and 2011, he misappropriated thousands of dollars in labor cost by putting friends on the public payroll, knowing they would perform little or no actual work for the KDA.
Farmer was elected to two terms as Commissioner of Agriculture and was responsible for the supervision and administration of the KDA from January 2004 until January 2012.
Farmer was indicted by a federal grand jury in April of last year.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge, FBI, and Jack Conway, Kentucky Attorney General, jointly announced the sentence today.
The investigation was conducted by the Kentucky Attorney General’s Office and the FBI. The case was prosecuted by Assistant U.S. Attorneys Kenneth R. Taylor and Andrew T. Boone, and trial attorney Sean Mulryne with the Public Integrity Section of the United States Department of Justice.
Foreign National Charged with Attempting to Export Sensitive Military EquipmentRead the Press Release
Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Iteru Masui, 29, of Mikata, Japan, was arrested and charged by criminal complaint with entering into an agreement to illegally export items that are export controlled by federal regulation, and illegally exporting the items. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that in September 2012, Special Agents with Homeland Security Investigations (HIS) began to investigate an eBay advertisement offering AN/PRC-152 radios for sale. The radios, manufactured by the Harris Corporation located in Rochester N.Y., are identified by the National Security Agency as a Controlled Cryptographic Item and are not for sale to the general public.
“Protecting sensitive military technology is of the utmost importance to the American public,” said U.S. Attorney Hochul. “This Office will continue to pursue and prosecute those who would attempt to both steal such sensitive secrets, or to export them abroad.”
"The illegal exportation of sensitive communications technology undermines the national security of the United States," said James C. Spero, Special Agent in charge of HSI Buffalo. "HSI will continue to work closely with the U.S. Attorney's Office to identify and disrupt these schemes."
Investigation revealed that the defendant attempted to buy one of the radios. According to the complaint, special agents tracked the attempted sale through Masui’s email address which is owned by KDDI Corporation, a telecommunications company based in Tokyo, Japan. Also according to the complaint, the address listed on the defendant’s eBay account belonged to a freight forwarding business with offices in Washington State and Tokyo. A review of Masui’s eBay purchases between December 2010 and January 2013 uncovered a total of 1,407 purchases including antennae for U.S. radios, body armor and military style optical sights.
Between April 4, 2013 and May 9, 2013, an undercover agent corresponded with the defendant via email and offered to sell Masui two of the AN/PRC-152 radios. The defendant agreed to buy the radios for $4,500. Over a several day period in May, 2013, an undercover agent shipped two boxes to the defendant, with each containing a plastic mock-up of the radio equipped with a Global Positioning System (GPS). The complaint further indicates that the boxes were followed as they were turned over to the United States Postal Service for delivery to Tokyo, with falsified Custom Declaration forms attached.
Iteru Masui was arrested in Seattle, Washington on January 13 on the complaint which had been sealed up until this time. The defendant made an initial appearance before a U.S. Magistrate Judge in Seattle late this afternoon.
The criminal complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
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.Florida Marine Life Dealer and Corporation Sentenced for Illegal Wildlife TraffickingRead the Press Release
Wilfredo A. Ferrer, United States Attorney for the Southern District of Florida, and Edward Grace, Deputy Assistant Director U.S. Fish & Wildlife Service, Office of Law Enforcement, announce that Jerrold C. Tieder, 47, of Dania, Florida and Tropical Fish Transhippers, Inc. (TFT), a Florida corporation based in Dania Beach, were convicted and sentenced today in Key West for transporting and selling wildlife in interstate commerce, specifically nurse sharks, with a fair market value in excess of $350.00, knowing the marine life was taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, contrary to the federal Lacey Act, Title 16, United States Code, Sections 3372(a)(2)(A), (a)(4), 3373(d)(1)(B), and Title 18, United States Code, Section 2.
The defendants entered their guilty pleas to the single charge before U.S. District Judge Jose E. Martinez, who after accepting the guilty pleas imposed sentence on both defendants. Tieder was sentenced to a term of probation of two years, a criminal fine of $1,000, and ordered to make a payment of $4,000 as a special condition of his probation to the National Fish & Wildlife Foundation (NFWF), a Congressionally-chartered organization authorized by law to receive payments arising as a result of a criminal conviction. NFWF will distribute the funds to the Mote Marine Laboratory, Summerland Key Branch, to promote research, management, education, conservation, and restoration of marine life and corals throughout the waters of the Florida Keys National Marine Sanctuary and the Florida Keys. TFT was placed on probation for a period of three years and ordered to pay a criminal fine of $1,000, with an additional payment to the NFWF of $1,500.
According to the indictment, joint factual statements submitted to the Court, and statements in court, Tieder was President of TFT, a corporation with its principal place of business in Dania, Florida. Tieder, through TFT, was engaged in the day to day business of purchasing, importing, distributing, and selling in interstate and foreign commerce various species of marine life, including live corals, live fish, and live rock.
In October 2012, the defendants purchased four juvenile nurse sharks (Ginglymosthoma cirratum) from a supplier located in Monroe County, Florida. The supplier did not hold the required license or permit from the State of Florida which would permit the supplier to harvest or sell sharks. In early November 2012, an employee of TFT confirmed the availability and willingness of TFT to sell eight juvenile nurse sharks to a customer outside the State of Florida. Thereafter, on November 6, 2012, a supplier in Monroe County transported four nurse sharks from Marathon Key to TFT at Dania. Unknown to the supplier or TFT, the four sharks had been outfitted with Passive Integrated Tags (PIT), each responding to an electronic reader with a unique 15 digit serial number.
On November 7, 2012, TFT delivered eight nurse sharks to Fort Lauderdale International Airport, for shipment in interstate commerce to a customer of TFT. Four of the sharks were scanned and found to be carrying the PIT Tags previously placed by Special Agents of the U.S. Fish & Wildlife Service. TFT subsequently received payment for the eight sharks in the amount of $440.00.
Mr. Ferrer commended the investigative efforts of the U.S. Fish & Wildlife Service, Office of Law Enforcement and NOAA Fisheries Office of Law Enforcement. This case was prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald.
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.
Florida Man Sentenced for Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man convicted of Witness Tampering was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Seth Stone, age 25, was sentenced to time served (45 days), 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Stone was indicted by a federal grand jury on May 15, 2013. He pled guilty on November 18, 2013.
The conviction stems from an incident between June 1, 2012, and July 15, 2012, wherein Stone instructed a minor to destroy all electronic records of conversations that had occurred between the two of them, knowing an investigation was being conducted.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Five Sentenced for Filing Fraudulent BP Oil Spill ClaimsRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, U.S. Attorney for the Northern District of Florida, announced today that Charles C. Martin, 40, and Joseph B. Doyon, 43, of Pace, Florida, and Marquis R. Seals, 34, Bernard Cook, 39, and Tremayne C. Jamison, 42, of Pensacola, Florida, have been sentenced in federal court after having pleaded guilty to mail fraud and filing false claims related to the 2010 BP oil spill.
Martin, Seals, Doyon, and Cook admitted to submitting fraudulent claims to the Gulf Coast Claims Facility (GCCF). They falsely inflated their income as employees of Hooters of Pensacola Beach and stated they lost money due to the oil spill in their GCCF claims. Martin, then general manager of Hooters, and Seals, then assistant manager, aided and abetted their co-workers by providing fraudulent employment documentation for their claims. Jamison filed a false claim with the National Pollution Funds Center of the U.S. Coast Guard, which included a letter from Martin stating a contract between Jamison’s company and Hooters of Pensacola Beach was cancelled due to the oil spill, when actually no such contract existed.
Today, Martin was sentenced to 24 months in prison for his role in the scheme, and Doyon was sentenced to 12 months. Last month, Cook was sentenced to 12 months in prison, Seals was sentenced to 9 months, and Jamison was sentenced to 6 months. More than $85,000 will be paid back to the Deepwater Horizon Oil Spill Trust due to the restitution ordered in this case.
These cases result from an investigation by the U.S. Secret Service and were prosecuted by Assistant U.S. Attorney Alicia Kim.
Five Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Five individuals have entered pleas of guilty before Magistrate Judge James E. Seibert.
United States Attorney William J. Ihlenfeld, II announced that:
DAVID LEE FERGUSON, age 60, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Burke Street Elementary School.” ASHLEY LUCILLE DIXSON, age 26, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Rosemont Elementary School.” MONICA RENEE GREEN, age 35, entered a plea of guilty to “Distribution of Crack Cocaine.” FERGUSON and DIXSON, who are in custody pending sentencing, face up to 40 years in prison. GREEN, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen Vogrin and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
CHARLES JONES, JR. a/k/a “BUCKY,” age 47, of Romney, West Virginia, entered a plea of guilty to “Sale of a Firearm to a Known Felon.” JONES, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hampshire County Sheriff’s Office.
ALVIN LEE STOLTZFUS, age 50, of Romney, West Virginia, entered a plea of guilty to “Cutting and Removal of Timber from Public Lands.” STOLTZFUS, who is free on bond pending sentencing, faces up to 1 year in prison. This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the National Park Service.