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Thursday 24 October 2013
U.S. Attorney’s Office for North Texas Joins the Dallas Area Drug Prevention PartnershipRead the Press Release
U.S. Attorney Saldaña Encourages Participation in
National Prescription Drug Take-Back Day on Saturday, October 26, 2013DALLAS — U.S. Attorney Sarah R. Saldaña of the Northern District of Texas announced that the district has joined the Dallas Area Drug Prevention Partnership to promote its campaign, entitled the “Medicine Abuse Project,” designed to target prescription drug abuse in our communities. The campaign will bring together families, communities, industry, health care professionals, educators, government officials and law enforcement to curb teen medicine abuse, and ultimately save lives.
“I’m honored to work with local partners, including the Council on Alcohol & Drug Abuse, the Dallas Area Drug Prevention Partnership and various police departments, as well as with our federal partner, the Drug Enforcement Administration, to encourage the public to rid their homes of potentially dangerous, expired, unused and unwanted prescription drugs by turning them in to designated collection sites this Saturday, October 26, National Prescription Take Back Day,” said U.S. Attorney Saldaña.
“Prescription drug abuse has become a serious public health and safety issue and it is the Nation’s fastest-growing drug problem,” said Dan R. Salter, Special Agent in Charge, DEA Dallas Field Division. “Oftentimes, the most common source for access to prescription drugs is the home medicine cabinet. With the National Prescription Drug Take-Back campaign, we are aggressively reaching out to individuals to encourage them to rid their households of unused prescription drugs. In working with the U.S. Attorney’s Office, our state and local law enforcement partners, the medical community, anti-drug coalitions and a concerned public, we can eliminate a major source of abused drugs through the Drug Take-Back campaign and the Medicine Abuse Project.”
Visit http://www.deadiversion.usdoj.gov/drug_disposal/takeback/ for the drop off location closest to you. The service is free and anonymous; no questions will be asked.
Two Plead Guilty to Money Laundering Conspiracy in $10.5 Million Medicare Fraud SchemeRead the Press Release
Two men from Miami have pleaded guilty to laundering millions of dollars obtained through a $10.5 million Medicare fraud scheme using shell companies they controlled.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Acting U.S. Attorney for the Middle District of Florida A. Lee Bentley III, Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Health and Human Services Office of Inspector General (HHS-OIG) region including all of Florida made the announcement.
Rafael Roche, 43, and Alain Remy, 35, pleaded guilty on Oct. 24, 2013, and Oct. 23, 2013, respectively, in the U.S. District Court for the Middle District of Florida to an indictment charging them with conspiracy to commit money laundering involving the proceeds of a health care fraud scheme. Remy is scheduled for sentencing on Jan. 16, 2014; Roche’s sentencing date has yet to be scheduled. They each face a maximum penalty of 20 years in prison.
According to documents filed in the case, Roche, Remy and others conspired to engage in financial and monetary transactions of health care fraud proceeds from Renew Therapy Center of Port St. Lucie LLC (Renew Therapy), a comprehensive outpatient rehabilitation facility. From November 2007 through August 2009, Renew Therapy submitted approximately $10,549,361 in fraudulent claims for reimbursement to Medicare for therapy services that were not legitimately prescribed and not legitimately provided to Medicare beneficiaries. As a result of those fraudulent claims, Medicare deposited approximately $6,248,056 into a Renew Therapy bank account. The fraud proceeds in that account were subsequently disbursed to various entities, including a combined total of $1,847,222 to Ariguanabo Investment Group Inc. and IRE Diagnostic Center Inc., shell companies that Roche and Remy controlled.
Court records indicate that more than $1.2 million was laundered through Ariguanabo Investment Group between Feb. 5, 2009, and Sep. 22, 2009. The money was subsequently removed from the Ariguanabo Investment Group bank account to various individuals and entities, including to Ibiza Future Planning Inc., a shell company that Remy established and controlled.
More than $600,000 was laundered through IRE Diagnostic Center from Aug. 7, 2008, and Jan. 29, 2009. The money was subsequently removed from the IRE Diagnostic Center bank account to various individuals and entities, including to A&R Medical Services of South Florida Inc., another shell company that Roche and Remy established and controlled.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. This case is being prosecuted by Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section.Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.
Two Men Involved in Organized Crime-controlled Gambling Ring Sentenced to Federal PrisonRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that two men involved in organized crime-controlled gambling businesses were sentenced today in Hartford federal court. U.S. District Judge Vanessa L. Bryant sentenced RICHARD UVA, 45, of Trumbull, to 46 months of imprisonment, followed by three years of supervised release. UVA was also ordered to forfeit $250,000. VICTOR AMERENO, 43, of Stamford, was sentenced to six months of imprisonment, followed by three years of supervised release, and was ordered to forfeit $15,000.
According to court documents and statements made in court, after a long-term investigation led by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service – Criminal Investigation and the Stamford Police Department, UVA, AMERENO, Dean DePreta and 17 other individuals were charged with various offenses related to their involvement in an illegal Internet sports bookmaking operation and illegal card gambling clubs in Stamford and Hamden. UVA and DePreta are alleged associates of the Gambino organized crime family.
The investigation, which included the use of court-authorized wiretaps, revealed that UVA assisted DePreta’s operation of a large-scale sports bookmaking business in which gamblers placed bets with offshore Internet sports-gambling websites, particularly www.44wager.com based in Costa Rica. UVA served as the “master agent” for the bookmaking operation and supervised a network of bookmakers, including AMERENO.
In addition, DePreta, UVA and others operated a card gambling club at 2965 State Street in Hamden, where a house percentage, commonly referred to as a “rake,” was collected from every hand played. UVA supervised the club’s operation.
UVA has also admitted that he committed acts of extortion while participating in this racketeering enterprise ad collected “tribute” payments from independent sports bookmakers operating in Connecticut. A portion of the payments were delivered to Gambino Family associates in New York.
FBI analysis of the sports-betting web site utilized by the co-defendants has determined that the total gross revenues of the Stamford-based gambling operation were nearly $1.7 million from October 2010 to June 2011.
On April 28, 2011, investigators executed a search warrant at UVA’s former residence in Stamford and seized approximately $175,000 in cash.
UVA has been released on bond since his arrest on June 13, 2012. On August 5, 2013, he pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations (RICO) Act.
DePreta pleaded guilty to the same charge and, on October 9, 2013, he was sentenced to 71 months of imprisonment, fined $50,000 and was ordered to forfeit $300,000.
AMERENO pleaded guilty on April 1, 2013 to one count of operating an illegal gambling business.
To date, 18 defendants who have pleaded guilty have agreed to forfeit approximately $1.4 million.
This matter is being investigated by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service – Criminal Investigation, the Stamford Police Department, the Bridgeport Police Department and the Connecticut State Police. This case is being prosecuted by Assistant U.S. Attorneys Hal Chen and Peter Jongbloed.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Trespasser Fined $255,000 for Unauthorized Removal and Sale of Sand and Gravel from Public LandRead the Press Release
DENVER – Today, the United States Attorney for the District of Colorado, John F. Walsh, announces the recovery of $255,000 as part of a settlement of allegations that Merial I. Currier and Currier Gravel Pit, Inc. operated a gravel mining pit on public land, without obtaining authorization from the Bureau of Land Management (BLM).
The United States alleges that Currier trespassed on BLM-administered land, as follows. Between 1991 and 2010, Currier operated a 9-acre gravel mining pit on BLM-administered public land near Collbran, Colorado, located in the NE1/4 of the SE1/4 of Section 12, Township 9 South, Range 93 West of the Sixth Principal Meridian, Colorado. Currier operated this pit without ever obtaining the necessary authorization from the BLM to remove and sell sand and gravel from the pit. Currier removed an estimated 153,439 short tons of sand and gravel -- over 300 million pounds -- and sold it. The United States alleges Currier or her predecessor in interest, Carleton Currier, also constructed a 4-acre reservoir on BLM land near Colbran, again without any permission or authorization from the BLM.
“Taking minerals from public land without a permit harms the people of the United States,” said U.S. Attorney John Walsh. “If you do it, there will be swift and certain consequences.”
“The BLM manages the public’s land for the benefit of the public. This settlement reaffirms the importance of people understanding where public land boundaries are and having the proper permits to operate on public land,” said Colorado Acting Assoc. State Director John Mehlhoff.
A settlement was reached whereby Currier will pay $255,000 for the estimated 153,439 short tons of sand and gravel that Currier removed and sold. In addition to the monetary settlement, Currier also agreed to ensure that reclamation is performed for the damaged land and to dismiss an appeal contesting the United States’ ownership of the trespassed land that she had previously filed with the Interior Board of Land Appeals.
Currier has denied the allegations of trespass. The settlement agreement shall not be construed as an admission of liability, wrongdoing, or guilt on the part of Currier.
This case was handled by Assistant U.S. Attorney Amanda Rocque.
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Tony Ray Many Guns Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2013, before Chief U.S. District Judge Dana L. Christensen, TONY RAY MANY GUNS, a 36-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- pervised Release: 3 years
MANY GUNS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 28, 2013, MANY GUNS' wife was sleeping at a friend's home in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. At approximately 2:00 a.m., MANY GUNS showed up at the residence after drinking "downtown." He knocked on the bedroom window so that his wife would let him inside, but she did not open the window. MANY GUNS instead entered the house through the front door and was angry that his wife failed to aid in his entrance. While they were both in bed, MANY GUNS began to hit his wife by striking her in the mouth and in the cheek with a closed fist. The victim started to return blows but soon rolled onto her stomach and buried her face in the mattress in an effort to protect herself.
MANY GUNS continued to hit the victim and eventually stuck her index finger in his mouth and bit down "as hard as he could." In an effort to get MANY GUNS to release her finger, the victim used her left hand to dig into MANY GUNS' eye. MANY GUNS let go and then used both of his hands to strangle the victim. The victim recalled making gasping and choking noises and began to pray out loud. MANY GUNS said, "You better pray."
The physical altercation stopped for a short time, and MANY GUNS told the victim that he wanted something to eat. He mad the victim go with him. Once in the kitchen, the victim said something that angered him. MANY GUNS responded by slamming her into the wall near the refrigerator. He then grabbed the victim around the neck and strangled her until she lost consciousness. The victim did not know how long she was unconscious, but when she regained consciousness, MANY GUNS was holding her up by her arms in the same spot. She reached out and pushed at MANY GUNS and slapped him in the face. MANY GUNS returned fire, using a closed fist to strike her in the mouth, which caused bleeding. MANY GUNS gave the victim a towel and said, "Don't bleed on my floor."
The next day, the victim soaked her finger in an attempt to prevent infection. The victim eventually told him, "It felt like you were [going] [to] bite my finger off." MANY GUNS responded, "I was trying to." He then told her that she should not try to fight back.
The victim went to the hospital because her finger became infected and she was unable to move it. The injury to the victim's finger was extremely painful. She received Lortab, which is a narcotic drug, for the pain and was required to go through IV therapy.
On March 4, 2013, MANY GUNS was interviewed about the victim's finger. MANY GUNS initially said that he did not remember anything happening to the victim's finger. After further questioning, MANY GUNS eventually recalled that the victim was upset and yelled that she hated him. While trying to get the victim to calm down, MANY GUNS stated that the victim reached forward and pressed a finger into his eyes. MANY GUNS claimed that was when he bit her finger. MANY GUNS acknowledged that he bit the victim's finger for one minute and remembered that she was screaming, crying, and bleeding profusely.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Toledo Man Sentenced to Eight Years in Prison for Fraud, Identity TheftRead the Press Release
A Toledo man was sentenced to more than eight years in prison for an identity theft scheme in which he defrauded banks out of $62,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Jermain R. Stevenson, age 23, pleaded guilty earlier this year to wire fraud and aggravated identity theft.
He admitted to using the Internet to gain personal information from people, including their names, Social Security numbers and credit card numbers, which he then used to defraud banks that issued credit cards. He used the information he obtained to purchase approximately $62,000 in goods and services from 2010 through 2012, according to court documents.
During his sentencing hearing, evidence was presented that demonstrated that Stevenson continued to access computers from prison and directed others to illegally transfer money from Western Union, Liberty Reserve and other services in order to continue the fraudulent scheme.
The investigating agency in this case is the Federal Bureau of Investigation. The case is being handled by Assistant United States Attorney Joseph R. Wilson.
Three Co-Conspirators Sentenced for Trafficking Meth in Idaho Falls AreaRead the Press Release
Leader of the Drug Organization Gets 35 Year Prison Sentence
POCATELLO – U.S. Attorney Wendy J. Olson announced today that three co-defendants—Fausto Enrique Urias, Benito Vasquez Joya and Misti Chapman—were sentenced to serve federal prison sentences for their involvement in an Eastern Idaho meth trafficking operation. The defendants appeared before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
Fausto Urias, 32, of Idaho Falls, Idaho, was sentenced today to 35 years in prison followed by ten years of supervised release for conspiracy to distribute 50 grams or more of actual methamphetamine. Judge Winmill ordered Urias to forfeit $100,000 to the United States and imposed a $5,000 fine. Urias’ sentence was the result of the court finding the defendant responsible for a significant amount of methamphetamine and that the defendant was the leader/organizer of a criminal organization. Additionally, the court found that the defendant possessed guns in connection with the offense, and that the defendant used violence and threats of violence in carrying out the offense. Finally, the court found that the offense constituted a pattern of criminal conduct from which the defendant derived his livelihood.
Urias’ co-defendant, Benito Joya, 58, of Rigby Idaho, was sentenced on Wednesday to 121 months in prison followed by five years of supervised release for possession with intent to distribute 50 grams or more of actual methamphetamine.
Misti Chapman, 30, of Idaho Falls, was sentenced yesterday to 18 months in prison, three years of supervised release and 80 hours of community service for distribution of methamphetamine. Chapman was also charged with violating a previously imposed term of supervised release. She was sentenced to 21 months in prison concurrent with the sentenced imposed for the drug offense, for a total term of incarceration of 21 months.
In addition to Urias, Joya and Chapman, three other individuals charged in the federal indictment, all from Idaho Falls, pleaded guilty in August 2013 to related drug trafficking offenses. Marco Antonio Echeverria, 25, will be sentenced on December 5 for possession with intent to distribute methamphetamine; Erica Rodriguez, 33, will be sentenced on December 4 for possession with intent to distribute 50 grams or more of actual methamphetamine; and Juan Carlos Garcia, 36, will be sentenced on December 16 for conspiracy to distribute 50 grams or more of actual methamphetamine.
According to plea agreements filed in the case, between November 2009 and October 23, 2012, Urias and Garcia conspired to possess and distribute methamphetamine to other individuals in the Idaho Falls area. Urias and Garcia were previously convicted of felony possession of a controlled substance in Bonneville County, Idaho, on November 9, 2004, and June 7, 2005, respectively.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Thomas Mark Marceau Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, THOMAS MARK MARCEAU, a 28-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $200
- pervised Release: 15 years
MARCEAU was sentenced in connection with his guilty plea to (2) counts of abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
X.X. disclosed to an FBI agent that MARCEAU had molested him. The assault occurred sometime between the years of 2007 through 2009, and X.X. was less than 12-years-old during the commission of the offense, which occurred within the exterior boundaries of the Blackfeet Indian Reservation. MARCEAU was in his early twenties.
When interviewed about the sexual assault of X.X., MARCEAU stated that he was close with X.X. When asked about the inappropriate contact that he had with X.X., MARCEAU acknowledged that such sexual contact occurred.
Y.Y. was also less than 12-years-old when he disclosed to law enforcement that MARCEAU had molested him. The molestations perpetrated against Y.Y. occurred between 2007 and 2012. As with X.X., MARCEAU was in his twenties when the molestations against Y.Y. occurred. Y.Y. explained that MARCEAU had been molesting him since Y.Y. was 6-years-old.
Agents also interviewed MARCEAU about sexual contact with Y.Y. MARCEAU admitted that the sexual contact occurred.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Talladega County Man Pleads Guilty to Murder for HireRead the Press Release
BIRMINGHAM -- A Talladega County man pleaded guilty today in federal court to attempting to hire a member of the Ku Klux Klan to murder an African-American neighbor he suspected of raping his wife, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
ALLEN WAYNE DENSEN MORGAN, 29, of Munford, entered a guilty plea before U.S. District Judge Karon O. Bowdre to one count of using and causing someone else to use interstate facilities and travel -- a telephone and a motor vehicle -- with the intent to commit a murder-for hire. Morgan's sentencing is scheduled Feb. 27.
“The defendant attempted to arrange the brutal murder of his neighbor as vengeance for a perceived wrong,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division of the Department of Justice. “The Justice Department will prosecute with vigor those who seek violent vigilantism.”
"This defendant’s effort to solicit a murder for hire is a federal crime," Vance said. "The prosecution here was swift and the punishment will be in a federal penitentiary. Future wrongdoers are on notice that we vigorously prosecute these crimes."
Federal officials arrested Morgan in August after he told FBI agents posing as members of the KKK that he would pay them to murder his neighbor. Morgan admitted he offered a watch, a necklace and a gun as payment for the murder and gave explicit details for the man's torture and murder.
Morgan's efforts to arrange the paid murder of his neighbor unfolded as follows, according to his plea:
Morgan talked to an undercover FBI agent by telephone on Aug. 22, who identified himself as a KKK member. The men arranged to meet three days later at an Oxford motel to discuss payment for the murder. In that phone conversation, Morgan used a racial slur to describe the man he wanted killed and bragged that he had just fired several shots toward the man to intimidate him. Morgan also described, in detail, how he wanted the man "hung from a tree like a deer and gutted," to have body parts cut off, and to "die a slow, painful death."
Morgan faces a maximum penalty of 10 years in prison and a $250,000 fine.
The FBI investigated the case. Assistant U.S. Attorneys Pat Meadows and John B. Felton of the Northern District of Alabama and Civil Rights Division Trial Attorney David Reese are prosecuting the case.
Springfield Man Sentenced to 20 Years for Illegal Drugs, FirearmRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man was sentenced in federal court today for illegally possessing methamphetamine and a firearm.
Allewa T. Whitley, 32, of Springfield, was sentenced by U.S. District Judge Beth Phillips to 20 years in federal prison without parole.
On May 9, 2013, Whitley pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm.
Springfield police officers searched Whitley’s apartment on Feb. 22, 2011, and found multiple components of an active methamphetamine lab and evidence of distribution. Officers also located multiple amounts of methamphetamine in various bags, including one bag that contained 84.7 grams of methamphetamine at 100 percent purity level. Another bag contained 57.63 grams of methamphetamine. Officers found $1,736 in Whitley’s car. Whitley had 7.35 grams of methamphetamine and $2,000 on his person.
Officers also found a North American Arms .22-caliber revolver in Whitley’s apartment. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Whitley has prior felony convictions for distributing a controlled substance, possession of a controlled substance, possession of a chemical with intent to create a controlled substance, burglary and tampering.
This case was prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Cynthia J. Hyde. It was investigated by the Springfield, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Silver City Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trevor Lee Thayer, 42, of Silver City, N.M., pleaded guilty this afternoon in Las Cruces federal court to violating the federal firearms laws by unlawfully possessing a short barreled rifle and unlawfully possessing a silencer.
Thayer was indicted in Feb. 2013, and was charged with (1) unlawful possession of a short barreled rifle, (2) unlawful possession of a silencer, (3) unlawfully manufacturing a silencer, (4) manufacturing marijuana, and (5) possession of a firearm in furtherance of a drug trafficking crime. In Aug. 2013, the indictment was superseded to add the additional charge of (6) maintaining premises for the purpose of manufacturing marijuana. According to the superseding indictment, offenses were committed in Grant County, N.M., in Aug. 2012.
During his plea hearing, Thayer entered guilty pleas to Counts 1 and 2 of the superseding indictment charging him with unlawful possession of a short barreled rifle and unlawful possession of a silencer. In his plea agreement, Thayer admitted committing these two offenses on Aug. 15, 2012, in Grant County, N.M., by illegally possessing a grey silencer and a weapon, which was made from a Ruger, Model 10/22, .22 caliber rifle and with a barrel length of less than 16 inches, that were not registered to him in the National Registration and Transfer Record.
At sentencing, which has yet to be scheduled, Thayer faces a maximum penalty of ten years in prison on each of the two charges. Under the terms of his plea agreement, Thayer is required to forfeit seven firearms and more than 2000 rounds of ammunition.
This case was investigated by the Las Cruces offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the New Mexico Motor Transportation Police and the New Mexico State Police. Assistant U.S. Attorneys Maria Y. Armijo and Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Shiloh Man Indicted for Possession of Unregistered Destructive DevicesRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Justin A. Vangilder, of Shiloh, Illinois, was indicted by a federal grand jury for possessing unregistered destructive devices.
The indictment alleges that on October 3, 2013, Vangilder possessed three unregistered explosive destructive devices more commonly known as “pipe bombs,” which comprised of plastic or metal pipes with end caps containing energetic material, smokeless powder, fuses and shrapnel. The charge carries maximum penalties of 10 years in prison, a $10,000 fine, and 3 years of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Illinois State Police. The case is being prosecuted by Special Assistant U.S. Attorney Jungmin Lee.
Sentences for October 18 – 23, 2013Read the Press Release
Gale M. Nation, 43, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 23, 2013, for conspiracy to possess with intent to distribute, and to distributing 200-350 grams of methamphetamine. Nation was arrested in Cheyenne, Wyoming. She received 36 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Phillip Edward Downs, 27, of Afton, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on October 22, 2013, for three counts of making false statements in connection with the purchase of a firearm and three counts of transferring a firearm to a convicted felon. Downs was arrested in Jackson, Wyoming. He received 18 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $600.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Patrick A. Flores, 36, of Fort Collins, Colorado, was sentenced by Federal District Court Judge Alan B. Johnson on October 21, 2013, for conspiracy to possess with intent to distribute, and to distributing 735 grams of methamphetamine. Flores was arrested in Fort Collins, Colorado. He received 144 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Johnny Wade, 46, of Casper, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on October 18, 2013, on one count of conspiracy to possess with intent to distribute, and to distributing between 1.5 kilograms and 5 kilograms of a mixture or substance containing a detectible amount of methamphetamine; one count of possess with intent to distribute methamphetamine; and one count of possess with intent to distribute methamphetamine and aiding and abetting. Wade was arrested in Casper, Wyoming. He received 135 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $300.00 special assessment and a $700.00 fine. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Saratoga Man Sentenced to 16 Months for Tax EvasionRead the Press Release
SAN JOSE – Jonathan Jianguo Jiang was sentenced yesterday to 16 months imprisonment for failing to report capital gains for the sale of his company, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation Special Agent in Charge José M. Martinez.
Jiang, 48, of Saratoga, Calif., incorporated SecureM in the Cayman Islands on January 28, 2004. He was the director, president, and sole shareholder of SecureM. On April 17, 2004, SecureM was sold to a UK company for at least $8,600,000. Jiang willfully omitted the capital gains from his 2004, 2005 and 2006 federal income tax returns, notwithstanding the fact that he received capital gains of at least $2.9 million between 2004 and 2006 from the sale of SecureM. Jiang’s willful omissions resulted in $467,336 of additional tax due.
Jiang, was charged on March 6, 2012, with one count of income tax evasion for the 2004 tax year. He pleaded guilty on March 3, 2013.
The sentence was handed down by The Honorable Lucy H. Koh, U.S. District Court Judge. Jiang was also sentenced to a three-year period of supervised release and ordered to pay $467,336 in restitution. Jiang will begin serving the sentence on March 14, 2014.
Jiang also paid his civil tax liability, which includes penalties and interest, of over $3,000,000.
Cynthia Stier is the Assistant United States Attorney who is prosecuting this case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
(Jiang information )
Salesman of Roofing Company in South Jersey Admits Filing False Income Tax ReturnsRead the Press Release
TRENTON, N.J. – A salesman for a South Jersey roofing company, pleaded guilty today to filing false income tax returns for 2007 and 2008, U.S. Attorney Paul J. Fishman, District of New Jersey, and Assistant Attorney General Kathryn Keneally of the U.S. Department of Justice, announced.
Keith Brown, a salesman for Kenal (d/b/a Ken Morton Roofing and Siding) a residential roofing company located in Pitman, N.J., pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with filing false income tax returns for tax years 2007 and 2008.
According to documents filed in this case and statements made in court:
From early 2007 through the end of 2008, Brown received 10 percent commission on each roofing job that he sold. A portion of this commission was paid to him by payroll check, the amounts of which were reported on his W-2 forms, Wage and Tax Statements. Brown, however, received the majority of his commissions in cash, which were not reported on the W-2s issued to him. Brown failed to report the cash portion of his commissions when he filed his tax returns for tax years 2007 and 2008.
For the 2007 and 2008 tax years, Brown had unreported income of $236,302 and $278,453, respectively. The result of Brown’s filing false tax returns caused a loss to the IRS of $141,382.
The tax charge to which Brown pleaded guilty is punishable by a maximum potential penalty of three years in prison, a maximum fine of $250,000, and restitution to the IRS. Sentencing is scheduled for Feb. 4, 2014.
Assistant Attorney General for the Tax Division Keneally and U.S. Attorney Fishman credited special agents of IRS B Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, for their work in the investigation of the case.
The government is represented by Tax Division Trial Attorneys Jessica Moran and Tino Lisella.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
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Defense counsel: Bruce Cassidy Esq., Princeton, N.J.Brown, Keith Information
Salem Pair Faces Drug and Money Laundering ChargesRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury sitting in Cleveland, Ohio, returned a six-count indictment charging Charles S. Wilson, Jr., age 40, and Sandra R. Wilson, age 42, both of Salem, Ohio, with conspiracy; cultivation and distribution of marijuana; possession with the intent to distribute and distribution of marijuana; maintaining a residence for the purpose of distributing marijuana; conspiracy to launder money and money laundering.
The indictment charges that beginning at least as early as June 2013, and continuing through September 2013, the Wilsons conspired with each other and diverse others to manufacture (cultivate) and possess with intent to distribute marijuana. As part of the conspiracy, the Wilsons cultivated more than 100 marijuana plants which they knowingly and intentionally possessed with the intent to distribute. The indictment further charges that the Wilsons maintained a residence in Salem, Ohio, for the purpose of cultivating and distributing the marijuana.
The Wilsons are also charged with conspiracy to launder monetary instruments, and one count of engaging in a financial transaction using proceeds of marijuana trafficking.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including each of the defendant’s prior criminal record, if any, each of the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment in only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Retired Radio Personality Charged in New Jersey with Attempted Transportation of A Minor for Illegal Sexual ActivityRead the Press Release
NEWARK, N.J. – A retired radio personality was arrested today for attempting to transport a 7-year-old girl from Bergen County, N.J., to St. Croix, U.S. Virgin Islands, for the purpose of sexually abusing the girl, New Jersey U.S. Attorney Paul J. Fishman announced.
David Herman, 77, of Airmont, N.Y., and St. Croix, was arrested by special agents of the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI) at the airport in St. Croix, where he expected to meet the child. He is scheduled to appear tomorrow, Oct. 25, 2013, before U.S. Magistrate Judge George W. Cannon for an initial appearance in St. Croix federal court.
According to documents filed in this case:
Beginning in November 2012, Herman initiated a series of chats on a Web site with an undercover officer from the Bergen County Prosecutor’s Office in New Jersey. Herman believed that he was communicating with a 36-year-old single mother with a 6-year-old daughter.
Over the course of the following months, Herman had multiple telephone and online communications with the officer during which he indicated his desire to engage in sexual activity with the officer’s fictitious daughter. Herman also attempted to arrange illegal sexual encounters with the child in New York and Bergen County, N.J.
In early 2013, Herman told the undercover that he would like to fly the pair down to spend a few days with him in St. Croix so that he could engage in sexual activity with the daughter. On Sept. 30, 2013, Herman purchased airline tickets for them to fly from LaGuardia Airport to St. Croix.
The count of attempting to transport a minor in interstate commerce with the intent that the minor engage in illegal sexual activity is punishable by a mandatory minimum of 10 years in prison and a maximum penalty of life in prison. The charge also carries a maximum $250,000 fine.
U.S. Attorney Fishman credited special agents of ICE HSI, under the direction of Special Agent in Charge Andrew McLees in Newark and Special Agent in Charge Angel M. Melendez in San Juan, Puerto Rico; and detectives of the Bergen County Prosecutor’s Office, under the direction of Prosecutor John L. Molinelli, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorneys Francisco J. Navarro and Cari Fais of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
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Herman, David Complaint
Puerto Rico Man Sentenced to Life in Prison for 2009 Mass ShootingRead the Press Release
David Oquendo-Rivas, 29, was sentenced today to life in prison for his role in the murder of eight people and an unborn child during a mass shooting at a Puerto Rico nightclub in 2009.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the District of Puerto Rico Rosa Emilia Rodríguez-Vélez made the announcement.Oquendo-Rivas and his co-defendant, Alexis Candelario-Santana, were convicted by a federal jury on March 8, 2013. Oquendo-Rivas was convicted of 28 counts of committing violent crimes in aid of racketeering activity and nine counts of using a firearm in relation to a crime of violence. These offenses occurred on Oct. 17, 2009, in what became known as the “La Tómbola Massacre.” Candelario-Santana was sentenced to life in prison on Aug. 28, 2013.
According to the evidence presented at trial, Oquendo-Rivas was recruited by Candelario-Santana in 2009 to assist Candelario-Santana in reinstituting control over his drug trafficking organization, which operated principally in Sabana Seca, Toa Baja, Puerto Rico. The organization purchased drugs in bulk, processed and packaged the drugs, and sold them at Sabana Seca through numerous sellers, runners and enforcers under Candelario-Santana’s control. The organization sold crack, cocaine, heroin and marijuana, and members of the organization routinely possessed firearms to protect its drug points.On Oct. 17, 2009, the new leader of Candelario-Santana’s drug trafficking organization, who had displaced Candelario-Santana, held the grand opening of a nightclub he had rented and refurbished called La Tómbola, located in Toa Baja, Puerto Rico, complete with a popular live band and a festive Paso Fino horse parade, known as a “cabalgata.” The event was heavily attended, with families congregating inside and outside the establishment, most of whom had nothing to do with the drug trafficking organization and merely resided in the general area. At approximately 11:50 p.m., Oquendo-Rivas, Candelario-Santana and others – all of whom were heavily armed – drove to La Tómbola. When they arrived, they immediately opened fire indiscriminately on all the patrons located outside, many of whom were women, children and elderly people. Oquendo-Rivas and Candelario-Santana stormed into the La Tómbola, and Candelario-Santana was heard to yell “no one gets out alive” as they opened fire on the people inside.
In all, eight people and an 8-month unborn child were killed as a result of the gunfire at La Tómbola, and 19 other victims were shot and injured. The evidence introduced at trial demonstrated that 335 expended shell-casings were recovered from the La Tómbola crime scene. The ballistics evidence established that three AK-47-type assault rifles, one AR-15-type assault rifle, eight 9mm semi-automatic pistols, three 40-caliber semi-automatic pistols, and two 45-caliber semi-automatic pistols were used in the attack.
Oquendo-Rivas and another individual were discovered several days following the massacre with three pistols, one of which was scientifically matched to the La Tómbola massacre.The case was investigated by the FBI and the Puerto Rico Police Department, with the collaboration of the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service; Instituto de Ciencias Forenses; and the Puerto Rico Department of Justice. The case was prosecuted by First Assistant U.S. Attorney María Dominguez-Victoriano and Assistant U.S. Attorney Marcela C. Mateo of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.
President of New Jersey-Based Textile Company Charged with Defrauding Investors in the United States and People’s Republic of ChinaRead the Press Release
Phony Investment Schemes Allegedly Made More than $10 Million
NEWARK, N.J. – The president of a purported textile wholesale distributor headquartered in Hackensack, N.J., was arrested at home early this morning by special agents of the FBI and the U.S. Treasury Department for allegedly defrauding investors in the United States and the People’s Republic of China (PRC) of more than $10 million in investment fraud schemes, New Jersey U.S. Attorney Paul J. Fishman announced.
Sara Rong Liu, 52, of Mahwah, N.J., is charged by complaint with one count of wire fraud. She is expected to appear this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.
According to the complaint unsealed today:
Liu is the president of Westone Inc., a company purportedly involved in the wholesale distribution of textiles as well as interior design. From approximately October 2010 through October 2013, Liu falsely represented to victim investors, among other things, that Westone had been awarded a lucrative $156.6 million contract by the New York City Department of Design and Construction Fund (NYC DDC).
The NYC DDC never awarded the defendant or her company any such contract.
In 2011, Liu told investors there was a problem with the contract that required Westone to pay certain fees before the NYC DDC would release contract payments to the defendant and her company.
To support her false claims, Liu created, or caused to be created, a number of fictitious contracts, emails and other documents, including documents purportedly from, among others: the NYC DDC, which stated she had been awarded the contract to provide “Design, Construction, and Construction Support Services for the Design, Manufacture, and Supply of Good Quality Home & Office Interior Textile Products and Finishing” in and around the New York metropolitan area; the Federal Reserve Bank of New York; the Treasury Department; the FBI; and the U.S. Attorney’s Office for the Southern District of New York, among others. Liu emailed a number of these documents to the victim investors from whom she solicited funds. She characterized the funds as short-term loans, which would be repaid immediately upon the release of the first contract payment of $52.2 million from the NYC DDC.Investors gave Liu millions. Between approximately October 2010 and February 2012, Liu obtained approximately $530,000 from a single investor located in Virginia. The victim wired most of that money into an account controlled by the defendant in New Jersey.
In another scheme, Liu told victim investors that she stood to receive more than $17 million from a deceased uncle’s estate in the PRC, but first had to pay taxes related to her uncle’s estate before she could receive the money. Liu represented to investors that if they helped her to pay the taxes, she would share the inheritance with them.
In all, the defendant obtained more than approximately $10 million in illegitimate proceeds from victim investors located both in the United States and the PRC.
The wire fraud count carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss resulting from the crime.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and the United States Treasury Department, Office of the Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Robert Geary, Washington Field Division, with the investigation leading to the arrest and charges.
The government is represented by Deputy Chief Gurbir Grewal and Assistant U.S. Attorney Aaron Mendelsohn of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
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Defense counsel: Assistant Federal Public Defender Lisa Mack Esq., Newark
Liu, Sara Complaint
Physician Sentenced to 48 Months in Federal Prison for Role in Health Care Fraud ConspiracyRead the Press Release
Dr. Daniel K. Leong – Who Owned South Dallas Community Medical Center – is Also Ordered to Pay Nearly $900,000 in Restitution
DALLAS — Dr. Daniel K. Leong, 59, who owned South Dallas Community Medical Center (SDCMC) on Martin Luther King Blvd., in Dallas, was sentenced yesterday by U.S. District Judge Ed Kinkeade to 48 months in federal prison and ordered to pay $865,163 in restitution for his role in a conspiracy to defraud Medicare and Medicaid. Leong must surrender to the Bureau of Prisons on January 15, 2014. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, on the day his federal trial was to begin in January 2013, Leong pleaded guilty to one count of conspiracy to commit health care fraud. Leong’s coconspirator in the case, Cal Graves, who worked as a physician assistant at the SDCMC, pleaded guilty to the same offense and was sentenced in February 2013 to a three-year term of probation and ordered to pay $294,946 in restitution.
According to documents filed in the case, by falsely representing that office visits and diagnostics were medically necessary, patients at SDCMC were prescribed controlled substances in exchange for submitting themselves to diagnostic tests. This ensured that they would return to the clinic the next month, thus making themselves available for more tests. Often, patients would exaggerate their pain level to provide a basis for a prescription for narcotics. Leong benefitted from the exaggeration because it gave him “cover” to order more tests. The patients were rarely referred to specialists for their persistent pain, and this process was repeated for up to several years without any actual treatment for some patients.
Leong and Graves frequently ordered tests known as electromyograms (EMG) that are used to diagnose neurological and neuromuscular problems. These tests are also highly-reimbursable by Medicare and Medicaid. Often, the test results were never read and Graves did not have the proper training to read them.
In February 2010, Leong signed a blank prescription that reflected his authority to prescribe controlled substances. He instructed Graves and other SDCMC staff to copy this prescription as needed. When patients came to SDCMC, Graves used the pre-signed prescriptions.
Medicare and Medicaid would not have paid claims for office visits, diagnostic testing or prescriptions if they had known either that the services were medically unnecessary and that Leong did not prescribe the medications.
The case was prosecuted by Assistant U.S. Attorney Mindy Sauter. The investigation was conducted by the FBI, U.S. Health and Human Services (HHS) Office of Inspector General (OIG) and the Texas Attorney General’s Medicaid Fraud Control Unit.
The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov
Orange County Man Sentenced for Mortgage FraudRead 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 defendant Bhardwaaj “Deo” Seecharan, 53, of Orange County, was sentenced yesterday for his participation in an extensive mortgage fraud scheme. The defendant was sentenced by U.S. District Judge Jose E. Martinez to 60 months in prison, followed by five years of supervised release. In addition, Bhardwaaj Seecharan was ordered to pay $2,040,343.14 in restitution to the victim banks.
Bhardwaaj Seecharan previously pled guilty to conspiracy to commit bank fraud involving $3.5 million in diverted real estate escrow funds, in violation of Title 18, United States Code, Sections 1349 and 1344.
According to statements made in court and publicly filed documents in the case, on December 9, 2010, Bhardwaaj Seecharan, his wife Gergawattie “Kamla” Seecharan, and two others were indicted on bank fraud, conspiracy, money laundering and related mortgage fraud charges. According to the charges, the Seecharans, along with their two co-defendants, conspired to solicit mainly Guyanese residents of Florida and other states to act as straw buyers on fraudulent applications for more than $50 million worth of mortgage loans in connection with the purchase of more than 150 homes in Indian River County, Miami-Dade County, and elsewhere. Approximately 80 individuals served as straw buyers of properties in Vero Lake Estates (VLE), in Indian River County, and other developments. This scheme resulted in the issuance of more than $50 million in fraudulent mortgage loans. The proceeds were then used to buy more properties, sustain the deception, service preexisting mortgage loans in the scheme, and pay kickbacks to the straw buyers.
In addition, Kamla Seecharan and codefendant Linda Rovetto unlawfully diverted more than $3.5 million in mortgage loans from real estate closing escrow accounts to Raviworld New Homes, Inc., a company managed by Kamla Seecharan’s husband and codefendant Bhardwaaj Seecharan.
Linda Rovetto was sentenced on August 21, 2012, by Judge Martinez to 42 months in prison for her part in the bank fraud. Kamla Seecharan was sentenced on September 25, 2012, to 121 months in prison.
Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also thanked the State of Florida Office of Financial Regulation, Bureau of Finance, West Palm Beach Regional Office for their work on this investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
October Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 24 indictments charging 24 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Oscar Aguilar-Pablo, age 28, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about October 16, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Aurelio Alanis-Morales, age 37, of Omaha, is charged with illegal reentry into the United States on or about October 15, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Edgar Barajas, age 25, of Omaha, is charged in a two count indictment. Count I alleges that on or about September 26, 2013, the defendant possessed with intent to distribute 50 grams or more of actual methamphetamine. The maximum possible penalty is imprisonment of not less than 10 years and up Life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Count II of the Indictment alleges that on or about September 26, 2013, the defendant possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine. The maximum possible penalty is imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 4 year team of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $30,043 in United States currency, should be forfeited to the United States.
* Marisa Cardona, age 24, of Omaha, is charged in a two-count indictment. Count I of the Indictment alleges from on or about August 30, 2013, the defendant concealed a person from arrest. The maximum possible penalty for this count is imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count II of the Indictment alleges that on or about August 30, 2013, Cardona provided a false statement to the U.S. Marshals Service. The maximum possible penalty for this count includes 5 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Toledo Domingo-Felipe, age 38, of Omaha, is charged with illegal reentry into the United States on or about October 8, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Juan Manuel Hernandez-Valdez, age 23, of Bellevue, Nebraska, is charged with illegal reentry into the United States on or about September 22, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.* Lori Jenkins, age 47, of Omaha, was charged with two counts of felon in possession of ammunition. Specifically on August 2, 2013, she possessed Brenneke 12 gauge classic magnum shells and on August 20, 2013 she possessed Remington 9 mm ammunition. The maximum possible penalty for each count is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Raymond Kudera, age 37, of Omaha, is charged in a two-count Indictment. Count I of the indictment alleges from on or about May 2012 to on or about August 15, 2012, the defendant did receive and attempted to receive child pornography. If convicted, the maximum possible penalty is imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, 5 years up to Life supervised release, and a $100 special assessment. Count II of the indictment alleges from on or about May 2012 to on or about August 15, 2012 Kudera did knowingly access with intent to view a computer disk and any other material that contained an image of child pornography. The maximum possibly penalty if convicted is imprisonment of 10 years, $250,00 fine, 5 years up to Life supervised release and $100 special accessment.
* Justin Lauritsen, age 38, of Homer, Nebraska, is charged with four counts of uttering and possessing forged and counterfeit checks. Each of the four counts is punishable by 10 years imprisonment, a $250,000 fine, or both, and a $100 special assessment.
* Gustavo Puig Lopez, age 38, of Lincoln, Nebraska, is charged with illegal reentry into the United States on or about October 8, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Nicolas Mejia-Cruz, age 22, is charged with illegal reentry into the United States on or about October 11, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.* Antwan Mitchem, age 39, of Omaha, is charged with possession with intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base (i.e., “crack cocaine”). The maximum possible penalty is not less than 5 years and up to 40 years, a $5 million fine, a 4 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $22,480 in United States currency, should be forfeited to the United States.
* Gerardo Morales-Ramirez, age 26, of South Sioux City, Iowa, is charged with illegal reentry into the United States on or about July 28, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Stanley Nixon, age 24, of Bellevue, Nebraska, is charged with two counts of uttering and possessing forged and counterfeit checks. Each of the two counts is punishable by 10 years imprisonment, a $250,000 fine, or both, and a $100 special assessment.
* Christian Ozuna-Pacheco, age 29, of Omaha, is charged with illegal reentry into the United States on or about October 11, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Roberto Pablo-Lucas, age 37, of Fremont, Nebraska, is charged with illegal reentry into the United States on or about September 27, 2013, following deportation as a felon. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Pedro Romero-DeLaCruz, age 27, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about September 27, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Robert Salts, age 34, of Fremont, Nebraska, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about September 18, 2013. The maximum penalty if convicted is imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 4 year term of supervised release and a $100 special assessment.
* Sergio Solache-Valle, age 37, of Holdrege, Nebraska, is charged with illegal reentry into the United States on or about September 16, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Hector Tomas Galvez Quebodo, age 31, of Norfolk, Nebraska, is charged with illegal reentry into the United States on or about September 20, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Santiago Velasquez-Lopez, age 50, of Omaha, is charged with illegal reentry into the United States on or about October 8, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Allen Williams, age 28, of Omaha, is charged with possession with intent to distribute 50 grams or more of actual methamphetamine on or about September 24, 2013. The maximum possible penalty is imprisonment of not less than 10 years and up to Life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment.
* Donald James Wilson, age 43, of Bothell, Washington, is charged with eight counts of wire fraud in connection with a scheme to defraud ConAgra. Donald Wilson, the defendant, was a Division Vice President of Sales and Marketing for ConAgra’s western region of the United States and worked out of Bothell, Washington. Wilson allegedly caused the submission of fraudulent invoices to ConAgra seeking payment for promotional activities purportedly performed on ConAgra’s behalf. The indictment alleges the promotional activity never took place. It is alleged that Wilson’s false claims caused losses to ConAgra in the approximate amount of $605,592.50. Each of the eight counts is punishable by up to 20 years imprisonment, a $250,000 fine, or both, and a $100 special assessment.
* Adan Zarate-Cobain, age 31, of Dodge City, Kansas, is charged with possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about August 9, 2013. The maximum possible penalty is imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 4 year term of supervised release and a $100 special assessment.Norwalk Man Sentenced to 57 Months in Federal Prison for Extorting $200,000 from Fairfield County VictimRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that JOSEPH CASOLO, 45, of Norwalk, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 57 months of imprisonment, followed by three years of supervised release, for extorting approximately $200,000 from a Fairfield County businessman.
According to court documents and statements made in court, between approximately September 2010 and December 2011, CASOLO extorted money from a small-business owner in Fairfield County by impersonating organized crime figures. CASOLO threatened the victim in person, in phone conversations and in text messages using multiple personas, repeatedly stating or implying that if the victim failed to make the extortion payments, the victim, the victim’s spouse, and the victim’s daughter would be harmed with violence. CASOLO also enlisted the assistance of an individual who identified himself as “Lorenzo,” the organized crime family’s “enforcer,” and made multiple threatening calls to the victim at CASOLO’s direction.
The investigation has revealed that the victim made more than $200,000 in cash payments to CASOLO as a result of his threats. CASOLO shared a portion of these funds with the individual who played the role of “Lorenzo.”
CASOLO has been detained since his arrest on November 20, 2012. On August 1, 2013, he pleaded guilty to one count of extortion.
This matter is being investigated by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service – Criminal Investigation, the Stamford Police Department, the Bridgeport Police Department and the Connecticut State Police. This case is being prosecuted by Assistant United States Attorney Hal Chen.
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[email protected]Northern California Man Sentenced on Federal Marijuana ConspiracyRead the Press Release
DAVENPORT, IA – On October 23, 2013, David Gabriel Morago, age 34, of Redwood Valley, California, was sentenced by Chief United States District Judge James E. Gritzner to 110 months in prison for conspiracy to distribute at least 100 kilograms of marijuana, announced United States Attorney Nicholas A. Klinefeldt. Morago was also ordered to serve four years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
Beginning in approximately October 2010 and continuing until about October 27, 2012, Morago conspired with other persons to distribute marijuana in the Davenport, Iowa, area. On multiple occasions Morago packaged multiple kilograms of marijuana at or near his residence in California, and then assisted persons in concealing that packaged marijuana in vehicles for transport from Northern California to the Davenport area. The marijuana was delivered to recipients specified by Morago for those recipients’ further distribution. Recipients of marijuana included co-defendants John Michael Masterson, formerly of Davenport, and Autumn E. Skelton, formerly of Port Byron, Illinois. On October 8, 2013, Chief Judge Gritzner sentenced Masterson to 24 months in prison and three years of supervised release following imprisonment for conspiracy to distribute marijuana. Skelton has pled guilty to conspiracy to distribute marijuana and is awaiting sentencing.
This case was investigated by the United States Drug Enforcement Agency - Quad Cities Metropolitan Enforcement Group; Davenport, Iowa, Police Department; South Dakota Highway Patrol; South Dakota Division of Criminal Investigation; and Mendocino County California Sherriff’s Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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North Tonawanda Man Indicted on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a three-count indictment charging Thomas A. Sparks, 21, of North Tonawanda, N.Y., with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, on June 25, 2013, the defendant knowingly received 94 images of child pornography. Sparks also possessed a SanDisk Cruzer Glide 4GB USB Flash Drive which contained images of child pornography. Some of these images depicted a prepubescent minor and a minor under 12 years old.
The indictment is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Non-Native Man from Albuquerque Pleads Guilty to Assaulting a Tribal Officer on Taos PuebloRead the Press Release
ALBUQUERQUE – Dallas Chase Barth, 22, of Albuquerque, N.M., pleaded guilty this morning to a felony information charging Barth, a non-native, with assaulting an Indian with a dangerous weapon on Aug. 28, 2013, in Taos Pueblo.
Barth was arrested on Aug. 29, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. According to the criminal complaint, on Aug. 28, 2013, Barth stole a van belonging to a U.S. Postal Service contractor that contained U.S. mail from outside a convenience store in Espanola, N.M., and led officers from several law enforcement agencies on a high speed chase to Taos Pueblo. Barth continued speeding through Taos Pueblo lands pursued by two tribal police officers in marked police vehicles.
Barth’s escapade ended when he drove to a dead end, made a U-turn, and began driving at a high rate of speed towards the two tribal officers who were standing by their parked police vehicles. One of the tribal officers had to jump out of the way in order to avoid being hit by Barth’s van and the other tribal officer, a member of the Turtle Mountain Chippewa Tribe, narrowly escaped injury by moving towards the rear of his police vehicle. Shortly thereafter, Barth was arrested after crashing the van.
In his plea agreement, Barth admitted leading a high speed chase that began in Espanola and ended in Taos Pueblo while driving recklessly and at high speeds as he attempted to flee from officers from several law enforcement agencies. Barth further admitted driving towards two tribal officers, including one who is a member of a federally recognized Indian tribe, at a high rate of speed with the intention of causing bodily harm to them and without any justification or excuse.
At sentencing, Barth faces a maximum penalty of ten years in prison. Barth has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Taos Pueblo Department of Public Safety, the New Mexico State Police, Taos County Sheriff’s Office and Rio Arriba Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.Night Out on Crime AddressRead the Press Release
US Attorney Polite addresses attendees at last night’s Night Out On Crime Event with Mayor Landrieu and other community leaders.
Night Out on CrimeRead the Press Release
Mr. Aaron Daste, Dr. Gail Armant Lemelle, US Attny Polite, and Mr. Aaron McDonald at Night Out On Crime event in New Orleans, Louisisana.
Nelson Travis Alexander Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, was sentenced to a term of:
- ison: 27 months
- ecial Assessment: $100
- pervised Release: 3 years
ALEXANDER was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On December 2, 2012, ALEXANDER intentionally assaulted K.A., striking her in the face with his closed fists and causing her serious bodily injury.
ALEXANDER's assault on K.A. came without warning, breaking her nose, fracturing her jaw, and causing extreme swelling to her face. She was flown to the hospital in Great Falls and hospitalized for several days.
The assault occurred within the exterior boundaries of the Rocky Boy(s Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALEXANDER will likely serve all of the time imposed by the court. In the federal system, ALEXANDER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Movie Theater Credit Card Thief Sentenced to 16 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that ANTHONY JOHNSON, 50, of Philadelphia, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 192 months of imprisonment, followed by three years of supervised release, for stealing credit cards and identities from women who were victimized in Connecticut movie theaters. On October 22, 2012, a jury found JOHNSON guilty of multiple counts of unauthorized use of an access device and aggravated identity theft.
According to the evidence presented during his trial, JOHNSON, with the assistance of female accomplices engaged in a credit card fraud and identity theft scheme at several movie theaters in Connecticut. In one incident that occurred on December 27, 2008, JOHNSON and Lashirelle Bryant entered a movie theater in Greenwich and sat directly behind their intended victim. While the movie was playing, JOHNSON crawled on the floor and stole three credit cards from a female victim’s purse. JOHNSON and Bryant then left the theater and JOHNSON used equipment to produce a driver’s license in the victim’s name, but with Bryant’s photograph. JOHNSON and Bryant then used the stolen credit cards to make more than $50,000 in unauthorized purchases. The purchases included gift cards, clothing, electronics, designer sunglasses and a $10,000 Rolex watch.
JOHNSON also traveled to Connecticut on at least three occasions between April and August 2010 and stole credit cards from female patrons at theaters in Greenwich, Fairfield and Colchester. JOHNSON produced false driver’s licenses in each victim’s name, but with a photograph of Jamie McGowan, his female accomplice on these trips. McGowan, at JOHNSON’s direction, used the stolen credit cards and fraudulent identification to purchase thousands of dollars in gift cards and retail items, and also to make more than $5,000 in cash advances at the Mohegan Sun Casino.
McGowan testified at trial that she participated in JOHNSON’s credit card theft scheme for more than a year. During that time, a “good weekend” yielded between $50,000 and $70,000 and a “bad weekend” yielded between $20,000 and $30,000. McGowan stated that most weekends were “good weekends.”
Trial testimony also revealed that JOHNSON committed similar crimes in Pennsylvania, Virginia, Massachusetts, Nevada, and Hawaii.
JOHNSON has an extensive criminal history dating to his first arrest at the age of 12, and he began this credit card fraud and identity theft scheme in July 2008, shortly after completing a 71-month federal sentence for jewelry theft.
JOHNSON has been in custody since October 2010 after he was arrested in Indiana on a violation of supervised release warrant from the Eastern District of Pennsylvania.
On June 22, 2012, Lashirelle Bryant and Jamie McGowan each pleaded guilty to one count of unauthorized use of an access device and one count of aggravated identity theft. On November 29, 2012, McGowan was sentenced to 18 months of imprisonment. Bryant awaits sentencing.
This matter was investigated by the Federal Bureau of Investigation and the Greenwich, Fairfield and Waterford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Paul H. McConnell.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Metro Area Drug Dealer Sentenced to over 10 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Franklin Harold Barney, age 31, of Laurel, Maryland, today to 121 months in prison, followed by five years of supervised release, for conspiracy to distribute crack cocaine, powder cocaine, heroin, and phencyclidine (PCP). Judge Bredar also entered an order requiring that Barney forfeit three handguns and $105,880 in cash seized during the investigation.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Anne Arundel County Police Chief Kevin Davis; Howard County Police Chief William McMahon; Chief Mark A. Magaw of the Prince George’s County Police Department; and Chief Richard McLaughlin of the Laurel Police Department.
According to Barney’s plea agreement, during July, 2010, Barney was identified as a large-scale narcotics trafficker in the Anne Arundel, Howard and Prince George’s County areas. Based on that information, from August 2010 through May 2011, a confidential source and an undercover officer made a series of crack cocaine purchases from both Barney and Joseph Padro Hill. During one of these transactions, the source met Barney at an apartment in Laurel, where Barney was observed to be cooking crack cocaine, readying it for distribution. John Anderson, whose apartment it was, was also present.Beginning in April, 2011, law enforcement obtained authorization to wiretap the phones used by Barney, Hill and Anderson. Based on those intercepted communications, surveillance of Barney’s activities, and search warrants executed at Barney’s home, Barney and the other members of the conspiracy were responsible for distributing at least 280 grams of crack cocaine, at least five kilograms of powder cocaine, and at least one kilogram each of heroin and PCP.
Joseph Padro Hill, age 31, and John Anderson, age 72, both of Laurel, were previously sentenced to two years in prison and two months in prison, respectively.
United States Attorney Rod J. Rosenstein praised the DEA, FBI Anne Arundel, Howard and Prince George’s County Police Departments and the Laurel Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Brooke Carey, who prosecuted this Organized Crime Drug Enforcement Task Force case.Maryland Man Found Guilty of First-Degree Murder While Armed in 2012 Shooting Death in Southeast Washington-Victim and Defendant Were Close Family Friends-Read the Press Release
WASHINGTON – Grant Johnson, 39, of Bladensburg, Md., was found guilty by a jury today of first-degree premeditated murder while armed for the May 2012 slaying of a Maryland man, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict followed a trial in the Superior Court of the District of Columbia. In addition to the first-degree murder charge, the jury found Johnson guilty of second-degree murder while armed, armed robbery, and several firearms offenses. The Honorable Herbert B. Dixon, Jr. scheduled sentencing for Feb. 21, 2014.
According to the government’s evidence, the victim, Ricardo Lancaster, 32, drove his company truck to the 800 block of Burns Street SE on May 30, 2012. He arrived at 11:22 p.m. with several hundred dollars to purchase a quantity of marijuana from Johnson. Johnson and Mr. Lancaster were old family friends, having grown up together in the 700 block of Adrian Street SE. Since childhood, Johnson was widely known as the best friend of Mr. Lancaster’s brother.
Sitting in the passenger seat of Mr. Lancaster’s company truck, Johnson shot Mr. Lancaster once in the right cheek at close range. He then went to the driver’s side of the vehicle, where Mr. Lancaster was still seated, and through the open window, shot him, again at close range, in the neck. Mr. Lancaster was found dead the next morning, still seated in the driver’s seat of his company vehicle on Burns Street. His personal cell phone was missing and he had $3 on his person. No marijuana was in the car. Hours after the murder, Johnson provided his girlfriend with several hundred dollars in cash for his share of the rent.
When asked by his best friend – Mr. Lancaster’s brother – whether he had seen or spoken to Mr. Lancaster prior to the murder, Johnson lied, claiming that he had not. The government’s evidence included cell phone records that showed that Mr. Lancaster and Johnson were in repeated contact the night of the murder, and Johnson’s DNA was found on a Doritos bag discarded on the passenger side floor of Mr. Lancaster’s company vehicle.
In announcing the verdict, U.S. Attorney Machen praised the work of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department. He also expressed appreciation to the FBI’s Cellular Analysis Survey Team. He commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Marian Russell, Sandra Lane, Kendra Johnson, and Fern Rhedrick; Lead Paralegal Specialist Sharon Newman; Victim/Witness Advocate Marcia Rinker; Victim Witness Security Specialist Katina Adams-Washington; Intelligence Specialists Lawrence Grasso and Zachary McMenamin, and Litigation Technology Specialist Thomas “Ron” Royal. Finally, he recognized the work of Assistant U.S. Attorneys Kimberley Nielsen and Robert Feitel, who investigated the case and prosecuted the case at trial.
13-364Martha Mae Mitchell Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MARTHA MAE MITCHELL, a 57-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribe, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
MITCHELL was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 23, 2013, MITCHELL became frustrated when a 9-month-old child would not stop crying. MITCHELL told law enforcement that she twisted the baby's legs and both arms causing injuries to them. MITCHELL further told law enforcement that she was "shocked and disgusted" at herself. The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Medical evidence would have shown that the victim suffered fractures to all four of the baby's limbs. The victim was hospitalized for a week. The medical evidence would also show that the victim sustained additional injuries that may not be attributed to MITCHELL's conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Marin County Duo Charged with Filing Tax Returns Using Prison Inmates Personal InformationRead the Press Release
OAKLAND – Clifford Dale Bercovich and Howard Webber were charged on October 3, 2013, with conspiracy, mail fraud, and aggravated identity theft, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation Special Agent in Charge José M. Martinez.
According to the 31 count Indictment, Bercovich, 66, of San Rafael, and Webber, who resided in Marin County and Milwaukee, Wisconsin, filed false federal income tax returns for prison inmates that claimed tax refunds based on the Earned Income Credit and/or Making Work Pay Credit. In carrying out the fraud scheme, Bercovich allegedly created an information sheet for “Inmate Assets Recovery and Liquidation Services” to obtain personal identifying information from prison inmates. Bercovich allegedly used this information to prepare and file false federal income tax returns for the inmates. The tax returns reported fictitious figures for “wages, salaries, and tips,” which fraudulently inflated the Earned Income Credit and/or Making Work Pay Credit resulting in false tax refunds. The tax refunds were deposited into a bank account established by Bercovich. The defendants split a fee of $250 or 25% of the fraudulent refund.
The maximum statutory penalty for each count of conspiracy, in violation of Title 18, U.S.C § 1349, is 20 years in prison and a fine of $250,000. The maximum statutory penalty for each count of mail fraud, in violation of 18 U.S.C § 1341, is 20 years in prison and a fine of $250,000. The maximum penalty for aggravated identity theft in violation of Title 18, U.S.C § 1028A, is a mandatory consecutive sentence of two years in prison, and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Please note, an indictment contains only allegations against a person and, as with all defendants, Clifford Dale Bercovich and Howard Webber must be presumed innocent unless and until proven guilty.
(Bercovich indictment )
Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
U.S. Attorney Christopher A. Crofts announced that on October 21, 2013, Lee Spoonhunter, a thirty six year old Northern Arapaho man was sentenced by Chief U.S. District Court Judge Nancy Freudenthal to three years of probation, with the first four months to be served on home confinement, a $100 special assessment, and a full restitution amount to be determined within 90 days. This sentence stems from Mr. Spoonhunter’s November 2012, conduct on the Wind River Indian Reservation - namely driving while under the influence of alcohol, during which time a traffic crash occurred and another person suffered serious bodily injury as a result of the crash. This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Louisiana Sergeant Gary J. Shine Pleads Guilty to Assault of DetaineeRead the Press Release
The Justice Department announced that former Jefferson Parish, La. Sheriff’s Office Sergeant Gary J. Shine pleaded guilty today before Federal District Court Judge Ivan L.R. Lemelle to assaulting a detainee at the Jefferson Parish Correctional Center in Gretna, La., thereby depriving the detainee of his civil rights.
During the plea hearing, Shine admitted that on Oct. 21, 2012, while he was working as a sergeant, he struck an inmate with his knee, while the inmate’s hands were cuffed behind his back. Shine admitted that he also punched the inmate in the head. Shine’s actions caused bruising. Shine acknowledged that the inmate did not pose a threat to Shine or any other person, and that there was no legal justification for Shine to strike the inmate.
“It is a federal crime for law enforcement officers to willfully use excessive force,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “Today’s guilty plea demonstrates the Justice Department’s commitment to ensuring that official misconduct is addressed fully and fairly.”
“The vast majority of our law enforcement officials serve with honor and integrity,” said Kenneth Polite, U.S. Attorney for the Eastern District of Louisiana. “However, when someone abuses the power and privileges of his office, as Gary Shine did here, he will be held accountable.”
At sentencing, which is set for Jan. 22, 2014, Shine faces a statutory maximum sentence of 10 years of incarceration.
This case was investigated by the FBI and was prosecuted by Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Stephen C. Parker for the Eastern District of Louisiana.
Lincoln County Businessman Indicted for His Role in A Multi-million Organized Retail Theft SchemeRead the Press Release
CHARLOTTE, N.C. – Steve Hale, 64, and owner of Double D Distributing, LLC, formerly based in Denver, N.C., has been indicted on conspiracy to transport stolen goods in interstate commerce, interstate transportation of stolen property and related charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. The indictment remained under seal until today, following Hale’s arrest yesterday afternoon.
U.S. Attorney Tompkins is joined in making today’s announcement by Russell F. Nelson, Special Agent in Charge of the United States Secret Service, Charlotte Field Division; Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI); Chief James W. Buie of Gaston County Police Department; and Chief Stacy Conley, of the Gastonia Police Department.
The federal charges against Hale are the result of “Operation Cash Back,” an investigation that began in September 2010 into the buying and selling of stolen over-the-counter (OTC) non-prescription drug and health and beauty aid (HBA) products. Six defendants have been sentenced to date in connection with Operation Cash Back. Bonnie Bridges, Kimberley Morris, Michael Morris, Darlene Schoener, William Schoener, and Darryl Brock were sentenced in January 2013 to prison terms ranging from 18 to 86 months. The amount of stolen property involved in the Bridges case from 2006 to 2011 exceeded $16 million.
The 30-count federal criminal indictment against Hale was returned by a grand jury sitting in Charlotte on October 17, 2013. According to allegations contained in the indictment, from 2006 to March 2011, Hale was a second-level “fence” for an organized retail theft scheme involving millions of dollars’ worth of stolen consumer goods transported in interstate commerce. The indictment alleges that professional shoplifters, known as “boosters,” committed large-scale retail theft of thousands of consumer products, including popular name brand over-the-counter non-prescription drug products and over-the-counter health and beauty aid products, and sold the stolen goods for cash to multi-level fencing operators, known as “fences.”
According to allegations contained in the indictment, Hale provided Bonnie Bridges with a “shopping list” of consumer products along with the prices that Hale would pay for those goods. The indictment alleges that Bonnie Bridges, Kimberly Morris, Michael Morris, Darlene Schoener, William Schoener, Darryl Brock and other first-level fences bought bulk quantities of stolen retail products from the boosters, and delivered the unsorted stolen merchandise to Hale at the Double D Distributing warehouse in plastic garbage bags, boxes and plastic containers, in exchange for cash payments. The indictment also alleges that Hale only accepted products with undamaged packaging and extended expiration dates, known as “shelf life,” that were marketable in retail stores. According to allegations contained in the indictment, Hale and his employees then removed the retail store security stickers contained on some of the stolen goods and organized the “cleaned” products for shipment to Hale’s customers. The indictment alleges that Hale shipped some of the stolen merchandise out-of-state, including to Florida. Hale sold the stolen consumer products, including name brand OTC-drug products and name brand OTC-HBA products, at discounted prices, up to fifty-two percent (52%) below wholesale prices in the legitimate marketplace, the indictment alleges.
According to allegations contained in the indictment, Hale made false statements in his 2006, 2007 and 2008 income tax returns by failing to include gross receipts substantially in excess of the amounts he claimed on his tax returns. Hale also was charged with failing to collect, truthfully account for and pay over to the IRS quarterly federal income taxes and Federal Insurance Contribution Act (FICA) taxes from the total wages of one of his employees for the tax years 2007 through 2010.
Hale has been charged with one count of conspiracy to transport stolen goods in interstate commerce, which carries a maximum prison term of five years; twelve counts of interstate transportation of stolen property, which carry a maximum prison term of 10 years per count; three counts of false statements on income tax returns, which carry a maximum prison term of three years per count; and fourteen counts of failing to collect, truthfully account for and pay quarterly federal income taxes and FICA taxes for a former employee, which carry a maximum prison term of five years per count. Each count also carries a $250,000 fine.
The indictment includes a notice of forfeiture, which gives notice that the defendant must forfeit to the United States all of the property, currency and monetary instruments involved in the offenses charged in the indictment. The government will pursue a forfeiture money judgment in the amount of at least $8,265,145, which the government contends constitutes the proceeds of the violations alleged in the indictment.
Hale had his initial appearance this morning in federal court in Charlotte. He was released on bond and was ordered to home detention with electronic monitoring. Hale is also prohibited from working in the wholesale goods business.
The charges contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The investigation was handled by USSS, IRS-CI, the Gaston County Police Department and the Gastonia Police Department. This prosecution is handled by Assistant United States Attorneys Tom O’Malley and Ben Bain-Creed of the Western District of North Carolina.
Laguna Pueblo Man Sentenced to Ten Years in Federal Prison for Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jason Mooney, 36, a member and resident of Laguna Pueblo, was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his aggravated sexual abuse conviction. Mooney will be required to register as a sex offender when he completes his prison sentence.
Mooney’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
Mooney was arrested in June 2008, based on a criminal complaint alleging that he sexually abused a child between the age of 12 and 16 years. In July 2008, Mooney was indicted on aggravated sexual abuse charges. Proceedings in the case were delayed by competency proceedings. Mooney has been in federal custody since his arrest.
On July 24, 2013, Mooney entered a guilty plea to an aggravated sexual abuse charge. In his plea agreement, Mooney admitted that he sexually abused a minor child on a date between July 2003 and July 2004. He further admitted that his unlawful conduct occurred on Laguna Pueblo.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Krystel A. Buckland Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Donald W. Molloy, KRYSTEL A. BUCKLAND, a 32-year-old resident of Billings, was sentenced to a term of:
- obation: 4 years
- ecial Assessment: $100
- stitution: $15,333
BUCKLAND was sentenced in connection with her guilty plea to acquiring a controlled substance by subterfuge.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On August 19, 2012, a task force officer with the Drug Enforcement Administration (Drug Enforcement Administration) received a phone call from the pharmacy district manager for the K-Mart in Billings. The manager indicated that there were numerous prescription pills missing from the pharmacy department. The prescription pills first started to appear missing in February of 2012.
K-Mart then installed video cameras in the pharmacy department. On August 29, 2012, BUCKLAND, a pharmacist at the store, was seen on the video camera entering into the pharmacy after pharmacy hours and stealing numerous prescription pills. The video showed BUCKLAND taking the pills and then stuffing them into her clothing. BUCKLAND had been hired in February of 2012.
On August 31, 2012, BUCKLAND was interviewed by a DEA task force officer. She admitted that she did steal all of the prescription pills, and that she started stealing pills when she first began working at K-Mart. According to BUCKLAND, she used all of the pills herself. She indicated that she would use approximately 100 pills per day. After the interview, BUCKLAND gave consent to search her car and recovered numerous pill bottles and a small amount of pills in the vehicle.
The records from K-Mart indicate that approximately 18,000 hydrocodone and oxycodone pills were taken from the pharmacy from February of 2012 through August of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Drug Enforcement Administration.
Kewa Pueblo Man Pleads Guilty to Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, pleaded guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.
Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outside the victim’s residence on April 15, 2011. He subsequently was indicted and charged with second degree murder.
This morning, Lovato entered a guilty plea to the indictment and admitted killing the victim on April 15, 2011, by beating him to death with his hands and feet. Lovato admitted that he acted with malice aforethought as he beat the victim to death. According to court filings, a preliminary autopsy report indicated that the victim died as a result of multiple blunt force trauma.
Under the terms of the plea agreement, Lovato will be sentenced to twelve years in federal prison followed by five years of supervised release. Lovato has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Programs and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.
Karrie Marie Stoltenberg Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Sam E. Haddon, KARRIE MARIE STOLTENBERG, a 40-year-old resident of Billings, pled guilty to conspiracy to possess with the intent to distribute methamphetamine. Sentencing has been set for March 3, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
During the course of an investigation into the sales of methamphetamine by X.X. and Z.Z. in the Billings area, agents learned that X.X. had kept a safe containing methamphetamine at STOLTENBERG's residence in the Billings Heights. Agents confirmed through multiple sources that STOLTENBERG allowed X.X. to keep the safe at her house from October to November of 2012. Agents also confirmed from one source that STOLTENBERG knew that the safe contained methamphetamine. Additionally, one of the sources of information admitted that she stole the safe from STOLTENBERG's residence in November of 2012, and the safe contained less than a pound of methamphetamine.
STOLTENBERG faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Eastern Montana High Intensity Drug Task Force (HIDTA).
Justice Department Sues to Stop Maui, Hawaii Tax Return PreparerRead the Press Release
The United States filed a civil complaint yesterday asking a federal court in Honolulu to enjoin James A. Ericson from preparing federal tax returns for others, the Justice Department announced today. The complaint alleges that Ericson frequently prepares returns for individuals claiming refunds from the federal government that are not deserved. The complaint also alleges that Ericson prepares roughly over 1,000 tax returns per year for individuals on Maui, Hawaii.
According to the complaint, Ericson improperly understates his customers’ federal tax liabilities by creating phony businesses and then listing those fake businesses on returns and fabricating expenses and losses for them, claiming false or inflated credits and deducting personal expenses of his customers, such as costs associated with customers’ hobbies, which are not legally deductible. In total, the government’s complaint alleges that the loss to the U.S. Treasury from Ericson’s activities could be as much as $31 million for tax years 2007-2012. The government also asserts that many of Ericson’s customers may owe additional tax, interest, and penalties because of the improperly prepared returns.
In addition to asking the court to prohibit Ericson from preparing or filing federal tax returns for others, the complaint also seeks to enjoin anyone acting in concert with Ericson from preparing or filing federal tax returns, to prohibit Ericson from requesting or directing the preparation of federal tax returns for others, to require Ericson, within 30 days of entry of an injunction issued in this case, to contact all persons for whom he prepared a federal tax return since Jan. 1, 2008, in order to inform all such persons of the permanent injunction entered against him, to require Ericson to provide a list of all such persons to the United States, to allow the United States to monitor Ericson’s compliance with any such injunction, and to request that the Court retain jurisdiction over this case to enforce any injunction entered against Ericson.
Return preparer fraud is one of the Internal Revenue Service’s Dirty Dozen Tax Scams for 2013, which can be viewed at www.irs.gov/uac/Newsroom/IRS-Releases-the-Dirty-Dozen-Tax-Scams-for-2013 . The Internal Revenue Service has some tips for choosing a tax preparer: http://www.irs.gov/Tax-Professionals/Choosing-a-Tax-Professional . In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website at www.justice.gov/tax/taxpress2013.htm .
Joseph Daniel Bahr, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge JOSEPH DANIEL BAHR, JR., a 42-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 70 months
- ecial Assessment: $100
- pervised Release: 7 years
BAHR was sentenced in connection with his guilty plea to attempted sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 23, 2011, the victim and a friend stayed overnight at BAHR's home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. The victim, the friend, and BAHR were drinking that evening at BAHR's house. Between 10:00 p.m. and 11:00 p.m., the victim went to sleep in BAHR's daughter(s bedroom. Around 5:00 a.m. the next morning, the victim woke up with BAHR on top of her. The victim told BAHR numerous times to stop and to get off of her. Eventually, the victim was able to push BAHR off of her, get dressed, and leave BAHR's residence. Before leaving, the victim confronted BAHR about the sexual assault in the presence of the friend who was also staying at BAHR's home. BAHR admitted to having sexual intercourse with the victim during this confrontation and this admission was overheard by the friend.
The victim then left the residence and went home. She told her husband about the sexual assault, immediately reported the assault to the police, and then went to the hospital for a sexual assault examination.
BAHR was interviewed by law enforcement and despite the admission made by BAHR to the victim and overheard by the friend at BAHR's house, when confronted by the victim, BAHR denied that he had sex with the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Jackson, Mississippi Man Charged with Attempted Online Extortion of the University of Louisville Athletic AssociationRead the Press Release
LOUISVILLE, Ky. – A Jackson, Mississippi man was charged by a federal grand jury meeting in Louisville, Kentucky, on October 16, 2013, with a single count of extortion, by means of a threatening communication, announced David J. Hale, United States Attorney for the Western District of Kentucky. The federal indictment was unsealed today, following the arrest this morning, of Thomas E. Ray, age 35, in Mississippi, by the U.S. Marshal Service.
According to the indictment, Ray, using the alias “Melinda White,” knowingly sent an email communication from his home in Jackson, MS, to the commonwealth of Kentucky, on April 23, 2013 with the intent to extort $3.5 million from an association and corporation, by threatening to injure the reputation of the University of Louisville Athletic Association.
If convicted, Ray faces no more than two years in prison, a maximum fine of $250,000 and a one year period of supervised release. His initial appearance on the charge was held today, in U.S. District Court located at 501 E. Court Street, Jackson, MS, in the Southern District of Mississippi. Ray posted a $10,000 bond and was ordered to appear in Louisville District Court on November 7, 2013 at 11:00 am.
This case is being prosecuted by Assistant United States Attorney A. Spencer McKiness and is being investigated by the Federal Bureau of Investigation (FBI) and Office of the Kentucky Attorney General.
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Isleta Pueblo Man Sentenced to Twenty-Eight Months for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – James Anzara, 35, a member and resident of Isleta Pueblo, was sentenced late yesterday afternoon to 28 months in years in federal prison to be followed by three years of supervised release for his involuntary manslaughter conviction.
Anzara was indicted on an involuntary manslaughter charge on Feb. 27, 2013, and was arrested on March 5, 2013. The indictment charged Anzara with crashing his vehicle while driving under the influence of alcohol and drugs and causing the death of an Isleta Pueblo man who was a passenger in his vehicle. The crash occurred on April 21, 2012, within Isleta Pueblo lands. Anzara was prosecuted on tribal charges arising out of the crash in tribal court and served 360 days in tribal custody. On June 11, 2013, Anzara entered a guilty plea to the indictment.
The federal prison sentence imposed on Anzara is in addition to the 360 days Anzara already spent in tribal custody.
This case was investigated by the Southern Pueblos of the BIA’s Office of Justice Services and Isleta Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Internist Sentenced to Six Months in Prison, Plus Home Confinement, for Taking Cash Kickbacks for Patient ReferralsRead the Press Release
NEWARK, N.J. – A Somerset County doctor practicing internal medicine at Newark Community Health Center, where she was formerly the clinical director, was sentenced today to six months in prison and five months of home confinement for receiving cash kickbacks for diagnostic testing referrals of her patients, U.S. Attorney Paul J. Fishman announced.
Padma Siripurapu, 46, of Belle Mead, N.J., previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging her with one count of soliciting and receiving more than $50,000 in illegal cash kickbacks for patient referrals in violation of the federal health care anti-kickback statute. Judge Cecchi imposed the sentenced today in Newark federal court.
According to documents filed in this case and statements made in court:
From 2009 through December 2011, Siripurapu agreed with representatives of the diagnostic center Orange Community MRI LLC (Orange MRI) that Orange MRI would pay her a set amount of cash for every MRI, CAT scan, ultrasound, echocardiogram, and DEXA scan she referred. Siripurapu referred patients for more than a thousand of these tests during that time period and was paid a per-test amount for those referrals.
Siripurapu admitted that on Nov. 2, 2011, she received $3,600 in cash from a government informant at her doctor’s office in Newark in exchange for referrals. On Nov. 17, 2011, again at her office in Newark, Siripurapu received another kickback for patient referrals, this time $3,450 in cash.
In addition to the prison term and home confinement, Judge Cecchi sentenced Siripurapu to two years of supervised release, fined her $30,000 and ordered her to pay forfeiture of $51,200.Siripurapu is the 12th person in the government’s investigation of Orange MRI and its corrupt referring doctors to plead guilty. On Oct. 15, 2013, a 13th defendant, Chikezie Onyenso, 55, an internist and pediatrician with a medical practice in Irvington, N.J., was convicted by a jury of conspiring to violate the federal health care anti-kickback statute and with violating the statute in connection with the same money-for-patients scheme. Onyenso took tens of thousands of dollars in exchange for patient referrals. The jury deliberated for two days after a three-week trial before Judge Cecchi. Sentencing is scheduled for January 31, 2014.
Ten health care providers have pleaded guilty to receiving kickbacks and have agreed to forfeit $339,905 in illegal kickbacks from Orange MRI. The two other defendants, Ashokkumar Babaria, Orange MRI’s former medical director, and Chirag Patel, Orange MRI’s former executive director, have agreed to forfeit their corrupt gains. Babaria agreed to forfeit his revenues traceable to corrupt referrals, which the government has estimated could reach as much as $2 million. Patel has forfeited $89,180. The remaining defendants charged in the investigation are charged by complaints or indictments at this time.
U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Tom O’Donnell, as well as criminal investigators with the U.S. Attorney’s Office’s criminal investigator program, for the investigation leading to today’s sentencing.
The case is being prosecuted by Assistant U.S. Attorneys Scott B. McBride and Joseph Mack, deputy chief, of the U.S. Attorney’s Office’s Health Care and Government Fraud Unit.
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Defense counsel: Bruce A. Levy Esq. and Lawrence S. Lustberg Esq., Newark
Indictment Unsealed and “Wanted” Posters Issued for Fugitives Charged with Multimillion Dollar International Cyber Fraud SchemeRead the Press Release
Earlier today, charges were unsealed against Romanian fugitive Nicolae Popescu, the leader of an international organized crime syndicate that ran a multimillion dollar cyber fraud scheme, and six other fugitives charged with participating in the same scheme. Interpol has issued red notices to foreign law enforcement partners seeking assistance in the apprehension of these fugitives, and the FBI has also released “Wanted” posters to facilitate their arrests.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Loretta E. Lynch of the Eastern District of New York, and Assistant Director in Charge George Venizelos of the FBI’s New York Office made the announcement.
“Today, we have unsealed charges – and issued “wanted” posters and Interpol red notices – for a band of dangerous cybercriminals who are alleged to have stolen millions of dollars from unsuspecting consumers around the globe,” said Acting Assistant Attorney General Raman. “As described in the indictment, the leader of this band of thieves openly proclaimed that he is beyond the reach of the U.S. criminal justice system. But with the help of our international partners, we will track down and capture every alleged member of this criminal syndicate, no matter where they are hiding.”
“Using forged documents and phony websites, for years Popescu and his criminal syndicate reached across the ocean to pick the pockets of hard working Americans looking to purchase cars,” said United States Attorney Lynch. “They thought their distance would insulate them from law enforcement scrutiny. They were wrong. By now, Popescu and his band of fugitives have seen their co-conspirators brought here to account for their crimes. Today’s actions place them squarely in the sights of our partners in international law enforcement. We will not stop in our efforts to find these fugitives and bring them to justice for the crimes they have allegedly committed against our citizens. ”
“As alleged, the defendants infiltrated the cyber marketplace with advertisements for high-value items that didn’t exist,” said FBI Assistant Director in Charge Venizelos. “They siphoned funds from victims to fuel their greedy desires and created false identities, fake websites and counterfeit certificates of title in order to make the scheme more convincing. Popescu and his co-conspirators were masters of illusion, but they can’t escape their ultimate reality. With the help of our law enforcement partners at home and abroad, we will bring them to justice.”
Popescu, Romanian nationals Daniel Alexe, Dmitru Daniel Bosogioiu, Ovidiu Cristea, and Dragomir Razvan, and a defendant who goes by the names “George Skyper” and “Tudor Barbu Lautaru,” as well as Albanian national Fabjan Meme, were originally charged in a criminal complaint with six other defendants for their participation in a cyber-fraud conspiracy that targeted primarily American consumers on such U.S.-based websites as Cars.com and AutoTrader.com. Their six co-defendants were arrested in a coordinated international takedown on Dec. 5, 2012, but Popescu, Alexe, Bosogioiu, Cristea, Razvan, and Meme have remained at large.
As alleged in the complaint and subsequent indictment, the defendants participated in a long-term conspiracy to saturate Internet marketplace websites including eBay, Cars.com, AutoTrader.com, and CycleTrader.com with detailed advertisements for cars, motorcycles, boats, and other high-value items – generally priced in the $10,000 to $45,000 range – that did not actually exist. The defendants employed co-conspirators who corresponded with the victim buyers by email, sending fraudulent certificates of title and other information designed to lure the victims into parting with their money. The defendants allegedly even pretended to sell cars from nonexistent auto dealerships in the United States and created phony websites for these fictitious dealerships. As part of the scheme, the defendants produced and used high-quality fake passports to be used as identification by co-conspirators in the United States to open U.S. bank accounts. After the “sellers” reached an agreement with the victim buyers, they would often email them invoices purporting to be from Amazon Payments, PayPal, or other online payment services, with instructions to transfer the money to the U.S. bank accounts used by the defendants. The defendants and their co-conspirators allegedly used counterfeit service marks in designing the invoices so that they would appear identical to communications from legitimate payment services. The illicit proceeds were then withdrawn from the U.S. bank accounts and sent to the defendants in Europe by wire transfer and other methods.
The complaint and indictment describe the extent to which Popescu, in particular, led the conspiracy. Among other things, Popescu coordinated the roles of the various participants in the scheme – he hired and fired passport makers based on the quality of the fake passports they produced, supervised co-conspirators who were responsible for placing the fraudulent ads and corresponding with the victims, and ensured that the illicit proceeds transferred to the U.S. bank accounts were quickly collected and transferred to himself and others acting on his behalf in Europe. Popescu also allegedly directed Cristea to obtain and transfer luxury watches purchased using the illegal proceeds of the scheme, including three Audemars Piguet watches with a combined retail value of over $140,000, to his associates in Europe. It is estimated that the defendants earned over $3 million from the fraudulent scheme.According to the charging documents, Popescu and his close associate Bosogioiu demonstrated that they were aware of the risks of prosecution in the United States. In a recorded conversation on Oct. 23, 2011, Bosogioiu asked about the difference between federal and state law in the United States and vowed to avoid the FBI. Popescu, meanwhile, predicted on July 28, 2011, that “criminals will not be extradited from Romania to U.S.A….[I]t will never happen.”
The charges in the complaint and the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Senior Litigation Counsel Carol Sipperly of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Cristina Posa, Nadia Shihata, and Claire Kedeshian of the U.S. Attorney’s Office for the Eastern District of New York.
The offices of the FBI Legal Attachés in Romania, the Czech Republic, the United Kingdom, Canada and Hungary were instrumental in coordinating efforts with the United States’ international partners, and the U.S. government thanks its partners in Romania, the Czech Republic, Hungary, the United Kingdom, Canada and Germany for their close cooperation throughout this investigation. The Criminal Division’s Computer Crime and Intellectual Property Section, Office of International Affairs, and Asset Forfeiture and Money Laundering Section provided assistance with this investigation, as did the International Organized Crime Intelligence and Operations Center; the Internet Crime Complaint Center; the Costa Mesa, Calif., Police Department; the Orange County, Calif., District Attorney’s Office; and the New York City Police Department.
Indictment Unsealed and “Wanted” Posters Issued for Fugitives Charged with Multimillion Dollar International Cyber Fraud SchemeRead the Press Release
Earlier today, charges were unsealed against Romanian fugitive Nicolae Popescu, the leader of an international organized crime syndicate that ran a multimillion dollar cyber fraud scheme, and six other fugitives charged with participating in the same scheme. Interpol has issued red notices to foreign law enforcement partners seeking assistance in the apprehension of these fugitives, and the FBI has also released “Wanted” posters to facilitate their arrests.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Office; and Mythili Raman, Acting Assistant Attorney General of the Justice Department’s Criminal Division.
Popescu, Romanian nationals Daniel Alexe,1 Dmitru Daniel Bosogioiu, Ovidiu Cristea, and Dragomir Razvan, and a defendant who goes by the names “George Skyper” and “Tudor Barbu Lautaru,” as well as Albanian national Fabjan Meme, were originally charged in a criminal complaint with six other defendants for their participation in a cyber fraud conspiracy that targeted primarily American consumers on such U.S.-based websites as Cars.com and AutoTrader.com. Their six co-defendants were arrested in a coordinated international takedown on December 5, 2012,2 but Popescu, Alexe, Bosogioiu, Cristea, Razvan, and Meme have remained at large.
As alleged in the complaint and subsequent indictment, the defendants participated in a long-term conspiracy to saturate Internet marketplace websites including eBay, Cars.com, AutoTrader.com, and CycleTrader.com with detailed advertisements for cars, motorcycles, boats, and other high-value items – generally priced in the $10,000 to $45,000 range – that did not actually exist. The defendants employed co-conspirators who corresponded with the victim buyers by email, sending fraudulent certificates of title and other information designed to lure the victims into parting with their money. The defendants allegedly even pretended to sell cars from nonexistent auto dealerships in the United States and created phony websites for these fictitious dealerships. As part of the scheme, the defendants produced and used high-quality fake passports to be used as identification by co-conspirators in the United States, including Razvan (who previously resided in California), to open American bank accounts. After the “sellers” reached an agreement with the victim buyers, they would often email them invoices purporting to be from Amazon Payments, PayPal, or other online payment services, with instructions to transfer the money to the American bank accounts used by the defendants. The defendants and their co-conspirators allegedly used counterfeit service marks in designing the invoices so that they would appear identical to communications from legitimate payment services. The illicit proceeds were then withdrawn from the U.S. bank accounts and sent to the defendants in Europe by wire transfer and other methods.
The complaint and indictment describe the extent to which Popescu, in particular, led the conspiracy. Among other things, Popescu coordinated the roles of the various participants in the scheme – he hired and fired passport makers based on the quality of the fake passports they produced, supervised co-conspirators who were responsible for placing the fraudulent ads and corresponding with the victims, and ensured that the illicit proceeds transferred to the U.S. bank accounts were quickly collected and transferred to himself and others acting on his behalf in Europe. Popescu also allegedly directed Cristea to obtain and transfer luxury watches purchased using the illegal proceeds of the scheme, including three Audemars Piguet watches with a combined retail value of over $140,000, to his associates in Europe. It is estimated that the defendants earned over $3 million from the fraudulent scheme.
According to the charging documents, Popescu and his close associate Bosogioiu demonstrated that they were aware of the risks of prosecution in the United States. In a recorded conversation on October 23, 2011, Bosogioiu asked about the difference between federal and state law in the United States and vowed to avoid the FBI. Popescu, meanwhile, predicted on July 28, 2011, that “criminals will not be extradited from Romania to U.S.A. . . . [I]t will never happen.”
“Using forged documents and phony websites, for years Popescu and his criminal syndicate reached across the ocean to pick the pockets of hard working Americans looking to purchase cars. They thought their distance would insulate them from law enforcement scrutiny. They were wrong. By now, Popescu and his band of fugitives have seen their co-conspirators brought here to account for their crimes. Today’s actions place them squarely in the sights of our partners in international law enforcement,” said United States Attorney Lynch. “We will not stop in our efforts to find these fugitives and bring them to justice for the crimes they have allegedly committed against our citizens.”
“As alleged, the defendants infiltrated the cyber marketplace with advertisements for high-value items that didn’t exist. They siphoned funds from victims to fuel their greedy desires and created false identities, fake websites and counterfeit certificates of title in order to make the scheme more convincing. Popescu and his co-conspirators were masters of illusion, but they can’t escape their ultimate reality. With the help of our law enforcement partners at home and abroad, we will bring them to justice,” said FBI Assistant Director-in-Charge Venizelos.
“Today, we have unsealed charges – and issued “wanted” posters and Interpol red notices – for a band of dangerous cybercriminals who are alleged to have stolen millions of dollars from unsuspecting consumers around the globe,” said Acting Assistant Attorney General Raman. “As described in the indictment, the leader of this band of thieves openly proclaimed that he is beyond the reach of the U.S. criminal justice system. But with the help of our international partners, we will track down and capture every alleged member of this criminal syndicate, no matter where they are hiding.”
The charges in the complaint and the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant U.S. Attorneys Cristina Posa, Nadia Shihata, and Claire Kedeshian of the U.S. Attorney’s Office for the Eastern District of New York, and Trial Attorney Carol Sipperly of the Criminal Division’s Fraud Section.
The offices of the FBI Legal Attachés in Romania, the Czech Republic, the United Kingdom, Canada, and Hungary were instrumental in coordinating efforts with the United States’ international partners, and the U.S. government thanks its partners in Romania, the Czech Republic, Hungary, the United Kingdom, Canada, and Germany for their close cooperation throughout this investigation. The Criminal Division’s Computer Crime and Intellectual Property Section, Office of International Affairs, and Asset Forfeiture and Money Laundering Section, as well as the International Organized Crime Intelligence and Operations Center; the Internet Crime Complaint Center; the Costa Mesa, Calif., Police Department; the Orange County, Calif., District Attorney’s Office; and the New York City Police Department also provided assistance in the investigation.
_____________________________
1 Daniel Alexe may also go by the name “Alexe Daniel.”
2 Three defendants, Cristea Mircea, Ion Pieptea, and Nicolae Simion, were arrested in Romania and extradited to the United States in March 2013. Defendant Emil Butoi was arrested in the United Kingdom and also recently extradited to the United States. The Czech Republic has ordered defendant Aurel Cojocaru’s extradition and defendant Nicolae Ghebosila is still engaged in extradition proceedings in Canada.
Popescu Indictment
Popescu Complaint