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22 November 2013
Wakpala Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on November 18, 2013, by U.S. District Judge Charles B. Kornmann.
Juan Valadez, Jr., age 20, was sentenced to 12 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Valadez was indicted for the above charge by a federal grand jury on March 13, 2013. He pled guilty to an Information on August 22, 2013.
The conviction stems from an incident occurring on January 26, 2013, in which an officer with the Bureau of Indian Affairs received a call regarding a high speed pursuit in excess of 90 mph involving Valadez. During the pursuit, the officer’s car and Valadez’s car came into physical contact with one another. Valadez ignored the officer’s commands, but eventually the officer was able to get Valadez to stop and exit his vehicle. As a result of the physical contact, the officer sustained mild contusions.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Valadez was immediately turned over to the custody of the U.S. Marshals Service.
Utility Company Sentenced in Wyoming for Killing Protected Birds at Wind ProjectsRead the Press Release
Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., based in Charlotte, N.C., pleaded guilty in U.S. District Court in Wyoming today to violating the federal Migratory Bird Treaty Act (MBTA) in connection with the deaths of protected birds, including golden eagles, at two of the company’s wind projects in Wyoming. This case represents the first ever criminal enforcement of the Migratory Bird Treaty Act for unpermitted avian takings at wind projects.
Under a plea agreement with the government, the company was sentenced to pay fines, restitution and community service totaling $1 million and was placed on probation for five years, during which it must implement an environmental compliance plan aimed at preventing bird deaths at the company’s four commercial wind projects in the state. The company is also required to apply for an Eagle Take Permit which, if granted, will provide a framework for minimizing and mitigating the deaths of golden eagles at the wind projects.
The charges stem from the discovery of 14 golden eagles and 149 other protected birds, including hawks, blackbirds, larks, wrens and sparrows by the company at its “Campbell Hill” and “Top of the World” wind projects in Converse County between 2009 and 2013. The two wind projects are comprised of 176 large wind turbines sited on private agricultural land.
According to the charges and other information presented in court, Duke Energy Renewables Inc. failed to make all reasonable efforts to build the projects in a way that would avoid the risk of avian deaths by collision with turbine blades, despite prior warnings about this issue from the U.S. Fish and Wildlife Service (USFWS). However, the company cooperated with the USFWS investigation and has already implemented measures aimed at minimizing avian deaths at the sites.
“This case represents the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. “In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths. To its credit, once the projects came on line and began causing avian deaths, Duke took steps to minimize the hazard, and with this plea agreement has committed to an extensive compliance plan to minimize bird deaths at its Wyoming facilities and to devote resources to eagle preservation and rehabilitation efforts.”
“The Service works cooperatively with companies that make all reasonable efforts to avoid killing migratory birds during design, construction and operation of industrial facilities,” said William Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service. “But we will continue to investigate and refer for prosecution cases in which companies - in any sector, including the wind industry - fail to comply with the laws that protect the public’s wildlife resources.”
More than 1,000 species of birds, including bald and golden eagles, are protected under the Migratory Bird Treaty Act (MBTA). The MBTA, enacted in 1918, implements this country’s commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia. The MBTA provides a misdemeanor criminal sanction for the unpermitted taking of a listed species by any means and in any manner, regardless of fault. The maximum penalty for an unpermitted corporate taking under the MBTA is $15,000 or twice the gross gain or loss resulting from the offense, and five years’ probation.
According to papers filed with the court, commercial wind power projects can cause the deaths of federally protected birds in four primary ways: collision with wind turbines, collision with associated meteorological towers, collision with, or electrocution by, associated electrical power facilities, and nest abandonment or behavior avoidance from habitat modification. Collision and electrocution risks from power lines (collisions and electrocutions) and guyed structures (collision) have been known to the utility and communication industries for decades, and specific methods of minimizing and avoiding the risks have been developed, in conjunction with the USFWS. The USFWS issued its first interim guidance about how wind project developers could avoid impacts to wildlife from wind turbines in 2003, and replaced these with a “tiered” approach outlined in the Land-Based Wind Energy Guidelines (2012 LBWEGs), developed with the wind industry starting in 2007 and released in final form by the USFWS on March 23, 2012. The Service also released Eagle Conservation Plan Guidance in April 2013 and strongly recommends that companies planning or operating wind power facilities in areas where eagles occur work with the agency to implement that guidance completely.
For wind projects, due diligence during the pre-construction stage—as described in the 2003 Interim Guidelines and tiers I through III in the 2012 LBWEGs—by surveying the wildlife present in the proposed project area, consulting with agency professionals, determining whether the risk to wildlife is too high to justify proceeding and, if not, carefully siting turbines so as to avoid and minimize the risk as much as possible, is critically important because, unlike electric distribution equipment and guyed towers, at the present time, no post-construction remedies, except “curtailment” (i.e., shut-down), have been developed that can “render safe” a wind turbine placed in a location of high avian collision risk. Other experimental measures to reduce prey, detect and deter avian proximity to turbines are being tested. In the western United States, golden eagles may be particularly susceptible to wind turbine blade collision by wind power facilities constructed in areas of high eagle use.
The $400,000 fine imposed in the case will be directed to the federally-administered North American Wetlands Conservation Fund. The company will also pay $100,000 in restitution to the State of Wyoming, and perform community service by making a $160,000 payment to the congressionally-chartered National Fish and Wildlife Foundation, designated for projects aimed at preserving golden eagles and increasing the understanding of ways to minimize and monitor interactions between eagles and commercial wind power facilities, as well as enhance eagle rehabilitation and conservation efforts in Wyoming. Duke Energy Renewables is also required to contribute $340,000 to a conservation fund for the purchase of land, or conservation easements on land, in Wyoming containing high-use golden eagle habitat, which will be preserved and managed for the benefit of that species. The company must implement a migratory bird compliance plan containing specific measures to avoid and minimize golden eagle and other avian wildlife mortalities at company’s four commercial wind projects in Wyoming.
According to papers filed with the court, Duke Energy Renewables will spend approximately $600,000 per year implementing the compliance plan. Within 24 months, the company must also apply to the U.S. Fish and Wildlife Service for a Programmatic Eagle Take Permit at each of the two wind projects cited in the case.
The case was investigated by Special Agents of the U.S. Fish and Wildlife Service and prosecuted by Senior Counsel Robert S. Anderson of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Jason Conder of the District of Wyoming.
Utility Company Sentenced in Wyoming for Killing Protected Birds at Wind ProjectsRead the Press Release
WASHINGTON – Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., based in Charlotte, N.C., pleaded guilty in U.S. District Court in Wyoming today to violating the federal Migratory Bird Treaty Act (MBTA) in connection with the deaths of protected birds, including golden eagles, at two of the company’s wind projects in Wyoming. This case represents the first ever criminal enforcement of the Migratory Bird Treaty Act for unpermitted avian takings at wind projects.
Under a plea agreement with the government, the company was sentenced to pay fines, restitution and community service totaling $1 million and was placed on probation for five years, during which it must implement an environmental compliance plan aimed at preventing bird deaths at the company’s four commercial wind projects in the state. The company is also required to apply for an Eagle Take Permit which, if granted, will provide a framework for minimizing and mitigating the deaths of golden eagles at the wind projects.
The charges stem from the discovery of 14 golden eagles and 149 other protected birds, including hawks, blackbirds, larks, wrens and sparrows by the company at its “Campbell Hill” and “Top of the World” wind projects in Converse County between 2009 and 2013. The two wind projects are comprised of 176 large wind turbines sited on private agricultural land.
According to the charges and other information presented in court, Duke Energy Renewables Inc. failed to make all reasonable efforts to build the projects in a way that would avoid the risk of avian deaths by collision with turbine blades, despite prior warnings about this issue from the U.S. Fish and Wildlife Service (USFWS). However, the company cooperated with the USFWS investigation and has already implemented measures aimed at minimizing avian deaths at the sites.
“This case represents the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. “In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths. To its credit, once the projects came on line and began causing avian deaths, Duke took steps to minimize the hazard, and with this plea agreement has committed to an extensive compliance plan to minimize bird deaths at its Wyoming facilities and to devote resources to eagle preservation and rehabilitation efforts.”
“The Service works cooperatively with companies that make all reasonable efforts to avoid killing migratory birds during design, construction and operation of industrial facilities,” said William Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service. “But we will continue to investigate and refer for prosecution cases in which companies - in any sector, including the wind industry - fail to comply with the laws that protect the public’s wildlife resources.”
More than 1,000 species of birds, including bald and golden eagles, are protected under the Migratory Bird Treaty Act (MBTA). The MBTA, enacted in 1918, implements this country’s commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia. The MBTA provides a misdemeanor criminal sanction for the unpermitted taking of a listed species by any means and in any manner, regardless of fault. The maximum penalty for an unpermitted corporate taking under the MBTA is $15,000 or twice the gross gain or loss resulting from the offense, and five years’ probation.
According to papers filed with the court, commercial wind power projects can cause the deaths of federally protected birds in four primary ways: collision with wind turbines, collision with associated meteorological towers, collision with, or electrocution by, associated electrical power facilities, and nest abandonment or behavior avoidance from habitat modification. Collision and electrocution risks from power lines (collisions and electrocutions) and guyed structures (collision) have been known to the utility and communication industries for decades, and specific methods of minimizing and avoiding the risks have been developed, in conjunction with the USFWS. The USFWS issued its first interim guidance about how wind project developers could avoid impacts to wildlife from wind turbines in 2003, and replaced these with a “tiered” approach outlined in the Land-Based Wind Energy Guidelines (2012 LBWEGs), developed with the wind industry starting in 2007 and released in final form by the USFWS on March 23, 2012. The Service also released Eagle Conservation Plan Guidance in April 2013 and strongly recommends that companies planning or operating wind power facilities in areas where eagles occur work with the agency to implement that guidance completely.
For wind projects, due diligence during the pre-construction stage—as described in the 2003 Interim Guidelines and tiers I through III in the 2012 LBWEGs—by surveying the wildlife present in the proposed project area, consulting with agency professionals, determining whether the risk to wildlife is too high to justify proceeding and, if not, carefully siting turbines so as to avoid and minimize the risk as much as possible, is critically important because, unlike electric distribution equipment and guyed towers, at the present time, no post-construction remedies, except “curtailment” (i.e., shut-down), have been developed that can “render safe” a wind turbine placed in a location of high avian collision risk. Other experimental measures to reduce prey, detect and deter avian proximity to turbines are being tested. In the western United States, golden eagles may be particularly susceptible to wind turbine blade collision by wind power facilities constructed in areas of high eagle use.
The $400,000 fine imposed in the case will be directed to the federally-administered North American Wetlands Conservation Fund. The company will also pay $100,000 in restitution to the State of Wyoming, and perform community service by making a $160,000 payment to the congressionally-chartered National Fish and Wildlife Foundation, designated for projects aimed at preserving golden eagles and increasing the understanding of ways to minimize and monitor interactions between eagles and commercial wind power facilities, as well as enhance eagle rehabilitation and conservation efforts in Wyoming. Duke Energy Renewables is also required to contribute $340,000 to a conservation fund for the purchase of land, or conservation easements on land, in Wyoming containing high-use golden eagle habitat, which will be preserved and managed for the benefit of that species. The company must implement a migratory bird compliance plan containing specific measures to avoid and minimize golden eagle and other avian wildlife mortalities at company’s four commercial wind projects in Wyoming.
According to papers filed with the court, Duke Energy Renewables will spend approximately $600,000 per year implementing the compliance plan. Within 24 months, the company must also apply to the U.S. Fish and Wildlife Service for a Programmatic Eagle Take Permit at each of the two wind projects cited in the case.
The case was investigated by Special Agents of the U.S. Fish and Wildlife Service and prosecuted by Senior Counsel Robert S. Anderson of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Jason Conder of the District of Wyoming.
Two New Orleans Police Officers Indicted in Theft and Bribery ConspiracyRead the Press Release
RAFAEL DOBARD, age 39, and QUINCY JONES, age 33, both New Orleans Police Department (N.O.P.D) narcotics detectives, were indicted today by a federal grand jury for charges of conspiracy, wire fraud, and theft and bribery concerning programs receiving federal funds, announced U. S. Attorney Kenneth Allen Polite, Jr.
According to the indictment, DOBARD and JONES conspired to enrich themselves and others by obtaining N.O.P.D. confidential informant funds by fraud, and by corruptly making payments to other officers in their unit. The indictment also states that DOBARD and JONES conspired to commit wire fraud by submitting N.O.P.D. timesheets for times during which they were working non-N.O.P.D. detail jobs.
DOBARD has served as an N.O.P.D. officer for eight years, and JONES has served for eleven years. Both officers were most recently assigned as detectives to NOPD’s Fourth District Narcotics Unit.
U. S. Attorney Kenneth Allen Polite, Jr., reiterated that, at this time, the charges in the indictment are merely charges, and that the guilt of the defendants must be proven beyond a reasonable doubt.
The case has been investigated jointly by the Federal Bureau of Investigation and the N.O.P.D. Public Integrity Bureau, and will be prosecuted by Special Assistant United States Attorney Michael Redmann, who is assigned to the U.S. Attorney’s Office from the Orleans Parish District Attorney’s Office, and Assistant United States Attorney Mark Miller.
(Download Indictment )
Two More Defendants Plead Guilty in Manhattan Federal Court in Connection with Scheme to Control Waste-Hauling IndustryRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that CARMINE FRANCO and ANTHONY PUCCIARELLO pled guilty today in Manhattan federal court in connection with their roles in an illegal scheme to exert control over the commercial waste-hauling industry in the greater New York City metropolitan area and in parts of New Jersey. FRANCO and PUCCIARELLO, who were among 32 defendants charged in January 2013 in connection with the scheme, pled guilty today before U.S. District Judge P. Kevin Castel.
Manhattan U.S. Attorney Preet Bharara said: “With today’s guilty pleas, Carmine Franco and Anthony Pucciarello become the latest defendants to be held to account for their roles in a criminal racketeering enterprise that encircled the waste-hauling industry in the New York City area and parts of New Jersey. This Office will continue working with our law enforcement partners to pry loose the tentacles of organized crime from around the industries it tries to control.”
According to the Indictment against FRANCO and PUCCIARELLO, other documents filed in Manhattan federal court, and statements made at related court proceedings:
FRANCO, who is an associate of the Genovese Crime Family, participated in a criminal enterprise, along with other members and associates of three different Organized Crime Families of La Cosa Nostra (“LCN”) – the Genovese, Gambino, and Luchese Crime Families – to control various waste disposal businesses in the New York City metropolitan area and multiple counties in New Jersey. Members of the enterprise engaged in various crimes in furtherance of the enterprise’s aims, including extortion, loansharking, mail and wire fraud, and stolen property offenses. As part of his guilty plea, FRANCO, who had been barred by the State of New Jersey from participating in the waste hauling industry, acknowledged his membership in the criminal enterprise and his agreement with others to undertake at least two racketeering acts in furtherance of the enterprise. Specifically, FRANCO acknowledged that he committed mail and wire fraud by overbilling customers of a waste transfer station that he controlled in West Nyack, New York. He also acknowledged that he and his associates transported large volumes of stolen cardboard across state lines.
As part of his involvement in the scheme, PUCCIARELLO, an associate of the Genovese Crime Family, was aware that other members of the scheme were conspiring to use extortion to obtain an ownership percentage in a business owned by a cooperating Government witness (“CW-1”). PUCCIARELLO did not report this extortion to law enforcement authorities and agreed to conceal the percentage of CW-1’s business that PUCCIARELLO would own following the extortion.
FRANCO, 78, of Ramsey, New Jersey, pled guilty to one count of racketeering conspiracy, one count of conspiracy to commit mail and wire fraud, and one count of conspiracy to transport stolen goods interstate, and faces a maximum sentence of 45 years in prison. As part of his plea agreement, FRANCO has agreed to forfeit $2,500,000 to the United States. He is the fifteenth defendant in this matter to plead guilty, and is scheduled to be sentenced by Judge Castel on March 19, 2014, at 2:30 p.m.
PUCCIARELLO, 78, of Bloomfield, New Jersey, pled guilty to one count of misprision of extortion, and faces a maximum sentence of three years in prison. He is the sixteenth defendant in this matter to plead guilty, and is scheduled to be sentenced by Judge Castel on March 21, 2014, at 2:00p.m.
The charges against the remaining defendants are merely accusations, and these defendants are presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Westchester County Police Department.
The prosecution of this case is being handled by the Office’s Organized Crime Unit.
Assistant United States Attorneys Brian R. Blais, Natalie Lamarque, and Patrick Egan are in charge of the prosecution. Assistant United States Attorney Micah Smith of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.
Two Men Sentenced for Prison EscapeRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that U.S. District Court Judge Dee D. Drell sentenced Roland Castro, 42, an inmate at the U.S. Penitentiary in Pollock, La., to 22 months in prison and one year of supervised release for escaping a federal prison; and Timothy D. Willis, 50, of Philadelphia, Miss., to 18 months in prison and one year of supervised release for assisting in Castro’s escape. They pleaded guilty August 20, 2013.
According to evidence presented at the guilty plea, Castro was serving 240 months at the federal penitentiary in Pollock for a felon in possession of a firearm conviction. Castro met Willis previously, and the two arranged to meet at an agreed-upon location on February 7, 2013. Willis drove to the location on that date and picked up Castro. Castro did not have permission to leave the prison. After an emergency count of the prisoners was conducted, prison staff discovered Castro was missing. Willis had dropped Castro off near the prison, but Castro had left instead of returning to custody. Castro was apprehended on July 5, 2013, in Houston.The U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
Three Felony Lane Gang Defendants Plead GuiltyRead the Press Release
B Christopher Wilcox, 30, and Parrish Roberts, 21, both of Ft. Lauderdale, Florida and Ricardo Ronodean Mitchell II, 23, of Coral Springs, Florida, pleaded guilty yesterday in U.S. District Court, to conspiracy to commit bank fraud as part of the group known as the “Felony Lane Gang,” announced David Rivera, U.S. Attorney for the Middle District of Tennessee.
These defendants were part of a group of five individuals arrested in Nashville on October 4, 2012, while being sought by the FBI and local area law enforcement after receiving an alert from Regions Bank Corporate Security days earlier.
“The crimes committed by members of the ‘Felony Lane Gang’ are particularly egregious, considering the tens of thousands of dollars they fraudulently obtain and the number of victims left in their wake to deal with identity theft issues,” said U.S. Attorney David Rivera. “These crimes expend the resources of many law enforcement agencies during the subsequent investigations. This is an example of the great work and cooperation between our law enforcement partners and the corporate sector.”
Each of the three defendants entered into plea agreements in which they pleaded guilty to one count of conspiracy to commit bank fraud. In their plea agreements the defendants admitted that the following tactics are the usual methods that members of the “Felony Lane Gang” employ to commit their crimes: that their members are normally based in south Florida, and from there travel the country in rental vehicles; that they target gyms, parks, daycare centers and sporting events likely to be frequented by women and increasing the chances of finding purses left in vehicles; that they conduct surveillance at these locations and unlawfully enter vehicles through unlocked doors or by using a window punch to break the window of a locked vehicle; that they specifically look for identification such as driver licenses, checks and debit cards.
The suspects then recruit females who are normally prostitutes and/or drug addicts to assume the identities of the theft victims in order to cash stolen checks belonging to other victims. The suspects normally supply the recruited check cashers with wigs in order to create a physical appearance similar to that of the victims whose identification was stolen. The check cashers normally use the farthest drive through lane from the bank building to conduct the fraudulent transactions, hence earning their nickname as the “Felony Lane Gang.”
"This plea is the result of the excellent investigative work of all of the law enforcement agencies involved, and the desire to end the targeting of victims throughout our communities," said A. Todd McCall, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. "The crime of financial fraud is a priority for the FBI and we will continue to work with our partners to bring those who commit it to justice."
Defendants Wilcox, Roberts, and Mitchell admitted in their plea agreements that they targeted Nashville on or around October 2 – 4, 2012 as part of a group attempting to pass stolen checks at Regions Bank. Investigators recovered four stolen driver’s licenses and four stolen bank cards from outside a hotel where the defendants’ rental vehicles had been seen. The plea agreement stated that the loss amount for their fraud totaled $33,000.Wilcox, Roberts, and Mitchell each face up to 30 years in prison and a $1,000,000 fine on the conspiracy charge.
The remaining defendants, Dwayne Donton, Wilson, and Jillian Bysong, are scheduled for trial on June 17, 2014, in U.S. District Court in Nashville. They are presumed innocent unless and until proven guilty.
The case was investigated by the FBI; the Metropolitan Nashville Police Department, the Nashville Airport Department of Public Safety; and police departments from Brentwood, Springfield, Hendersonville, Gallatin, Smyrna and Murfreesboro, Tennessee; with the assistance of the Regional Organized Crime Information Center (ROCIC).
The United States is represented by Assistant United States Attorney Scarlett M. Singleton.
Thirteen Defendants Plead Guilty to Drug Trafficking ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigation (ICE-HSI), announce that thirteen defendants pled guilty to drug trafficking charges yesterday before U.S. District Judge Ursula Ungaro. Sentencing for the defendants is scheduled for February 21, 2014.
The defendants that pled guilty are:
Jose Alberto Ontivero Monte de Oca, aka “Pariente,” aka “El Viejo,” aka “Papito,” 54, of Hialeah, Florida; Pedro Farach, 45, of Hialeah, Florida; Jaime Maldonado Ramos, aka “Oggie,” 46, of Homestead, Florida; Mitchael Cabanas, 43, of Miami, Florida; Jose Alfredo Villarreal, aka “Alfredito,” 40, of Naples, Florida; Roberto Perez, aka “Rodo,” 46, of Pembroke Pines, Florida; Juan Enrique Martinez, 50, of Miami, Florida; Alberto Arregoitia Lorenzo, aka “Lorenzo Arregoitia,” 61, of Miami, Florida; Miguel Angel Desdin, aka “Miguelon,” 59, of Hialeah, Florida; Vladimir Mir-Medina, aka “Vladimir Medina,” aka “Vladimir Mir,” 50, of Miami, Florida; Miguel Cruz, 49, of Hialeah, Florida; Manuel Bautista Alvarez, 53, of Miami, Florida; and
Hernan Rodriguez Alfaro, aka “Iran,” 40, of Cutler Bay, Florida.Defendants Pedro Farach, Jaime Maldonado Ramos, Mitchael Cabanas, Juan Enrique Martinez, Alberto Arregoitia Lorenzo, Miguel Angel Desdin, Miguel Cruz, and Manuel Bautista Alvarez pled guilty to Count 1 of a Second Superseding Information charging them with conspiracy to possess with intent to distribute over 500 grams of cocaine, in violation of Title 21, United States Code, Section 846. Defendants Vladimir Mir-Medina and Jose Alfredo Villarreal pled guilty to Count 2 of a Second Superseding Information charging them with conspiracy to possess with intent to distribute a quantity of cocaine, in violation of Title 21, United States Code, Section 846. Defendant Roberto Perez pled guilty to Count 8 of a Superseding Indictment charging him with possession with intent to distribute over 500 grams of cocaine, in violation of Title 21, United States Code, Section 841(a)(1). Defendant Hernan Rodriguez Alfaro pled guilty to Count 4 of a Superseding Indictment charging him with possession with intent to distribute a quantity of cocaine, in violation of Title 21, United States Code, Section 841(a)(1). Lead defendant Jose Alberto Ontivero Monte de Oca pled guilty to Count 1 of the Superseding Indictment charging him with conspiracy to possess with intent to distribute over 5 kilograms of cocaine, in violation of Title 21, United States Code, Section 846.
At sentencing, defendants Pedro Farach, Jaime Maldonado Ramos, Mitchael Cabanas, Juan Enrique Martinez, Alberto Arregoitia Lorenzo, Miguel Angel Desdin, Miguel Cruz, Manuel Bautista Alvarez, and Roberto Perez face a minimum mandatory term of 5 years in prison and a maximum term of up to 40 years in prison. Defendants Vladimir Mir-Medina, Jose Alfredo Villarreal, and Hernan Rodriguez Alfaro face a maximum term of up to 20 years in prison. Lead defendant Jose Alberto Ontivero Monte de Oca faces a minimum mandatory term of 10 years in prison and a maximum term of up to life in prison.
The other defendants charged in this case are Rayko Enrique Rubi, 40, of Davie, Florida; Ramon Martinez II, 37, of Hialeah, Florida; and Rafael Luis Ramos Lopez, aka “Lou,” 46, of Miami, Florida, and are scheduled to go to trial on January 13, 2014.
According to court documents, this conspiracy involved multiple kilograms of cocaine distributed in the Greater Miami area, specifically in the cities of Hialeah and Homestead, between September 2011 and September 2013. During the course of the investigation, law enforcement seized over two kilograms of cocaine, over $170,000.00 in U.S. currency, four firearms, and over ten vehicles.
Mr. Ferrer commended the investigative efforts of the DEA, ATF and ICE-HSI. Mr. Ferrer also commended the U.S. Marshals Service, the Miami-Dade Police Department, the Coral Gables Police Department, the Hialeah Police Department, the Homestead Police Department, and the West Miami Police Department for their assistance in this investigation. The case is being prosecuted by Assistant U.S. Attorney Elisa Castrolugo.
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.
Steven C. Munson Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 22, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, STEVEN C. MUNSON, a 61-year-old resident of Bozeman, pled guilty to theft from an employee benefit plan. Sentencing has been set for March 24, 2014. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
During the time period relevant to the charges in the Indictment, MUNSON was the sole owner of DDCS Express, Inc., a postal service provider based in Bozeman. DDCS operated mail routes pursuant to contracts with the U.S. Postal Service ("USPS"). DDCS sponsored an employee benefit plan - the DDCS Express, Inc. 401(k) Plan. The Plan was defined by ERISA as an employee benefit plan. DDCS was the Plan's administrator and sponsor and MUNSON was the Plan's trustee. The Plan allowed employees to make voluntary contributions through salary deductions. In addition, the Plan was to receive fringe benefit contributions from the USPS contracts, as each contract expressly required that DDCS make fringe benefit payments to each employee for all hours worked. The Plan was previously administered by Montana Pension Administration, Inc., and American Funds was the Plan's previous record-keeper, but both entities resigned in 2008 due to DDCS's deficient performance.
On July 16, 2010, the Employee Benefits Security Administration ("EBSA") received a complaint from a DDCS employee that MUNSON had not deposited the required amounts into the Plan and had not filed the required reports disclosing the financial conditions of the Plan. The EBSA opened an investigation and determined MUNSON did not make any deposits into the Plan from January 2007 through June 2010. He also failed to pay his employees all of the fringe benefits due and owing and eventually liquidated the 401(k) plan but did not return the remaining funds to his employees. The total amount of loss attributable to MUNSON's conduct is approximately $70,770.52, which is broken down as follows: $2,652.25 in unpaid contributions to the Plan, $46,219.28 in unpaid fringe benefits, and $21,898.99 in funds removed from the liquidated Plan account and not remitted to employees.
During the same period of time that he failed to fund and manage the Plan, MUNSON paid himself considerable sums of money. He wrote himself approximately $744,000 in company checks during the relevant time period.
MUNSON faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release.
The investigation was conducted by the U.S. Department of Labor - Employee Benefits Security Administration.
Statement of Manhattan U.S. Attorney Preet Bharara on the Guilty Verdicts of Mark Mazer, Gerard Denault, and Dimitry AronshteinRead the Press Release
“The jury has found what this Office alleged from the outset: these defendants were at the heart of a conspiracy to steal from New York City and its taxpayers. Awarded a lucrative contract to design a streamlined payroll system for the City, instead they built a money-making machine for themselves. These three defendants and their partners in crime thought they had made off with nearly $100 million in taxpayer money, far more than they could have made by burglarizing banks, with a fraction of the effort. What they now stand to reap is lengthy prison terms.”
St. Francis Man Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury.
Samuel White Lance, age 22, was indicted on November 14, 2013, for Assault with a Dangerous Weapon. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and White Lance is presumed innocent until and unless proven guilty.
The Indictment alleges that on October 9, 2013, White Lance and the victim argued and fought. Following the fight, White Lance allegedly assaulted the victim with a knife.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
White Lance was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Second Former Bank Employee Pleads Guilty to Role in Embezzlement, Staged RobberyRead the Press Release
WICHITA, KAN. – A second former bank employee has pleaded guilty to embezzling from a bank in Grant County, Kan., and helping stage a robbery to cover up the theft, U.S. Attorney Barry Grissom said today.
Ashley Cravens, 29, Ulysses, Kan., pleaded guilty to one count of theft from a bank. In her plea, she admitted that she and other former bank employees embezzled from the bank and staged a robbery. From 2008 to July 24, 2010, while Cravens worked at Western State Bank in Ulysses, she and two co-defendants embezzled approximately $84,200. On July 24, 2010, Cravens aided and abetted a staged bank robbery. Subsequent to the staged bank robbery, Cravens and co-defendants embezzled another $24,450 from the bank.
Cravens is set for sentencing Feb. 7. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.
Co-defendants are: Amber Gutierrez, who is set for sentencing Feb. 4.
Hattie Wiginton, who is set for jury trial Dec. 17.
Linda Wise, who is set for jury trial Dec. 17.Grissom commended the FBI, the KBI, the Grant County Sheriff?s Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Robbery and Gun Charges Filed Against Philadelphia MenRead the Press Release
Jeron Cartwright, 31, and Tyree Scott, 31, of Philadelphia, Pennsylvania, were charged November 20, 2013, by Indictment, with conspiracy to commit a Hobbs Act robbery, drug, gun, and other offenses, announced United States Attorney Zane David Memeger. According to the indictment, between mid-August 2013 and October 24, 2013, Cartwright and Scott sought the help of another person in arranging the home invasion robbery of drug dealers. The defendants allegedly planned to steal, at gunpoint, approximately ten kilograms of cocaine. It is further alleged that on October 24, 2013, the defendants attempted, unsuccessfully, to carry out the armed home invasion robbery. The plan was interrupted by law enforcement.
In addition to the conspiracy, the indictment charges Cartwright and Scott with attempted commission of a Hobbs Act robbery, aiding and abetting the attempted commission of a Hobbs Act robbery, conspiracy to possess with the intent to distribute five kilograms or more of cocaine, attempted possession with intent to distribute five kilograms or more of cocaine, carrying a firearm during and in relation to a crime of violence and to a drug trafficking crime, and being convicted felons in possession of a firearm.
If convicted, the defendants face a maximum possible sentence of life imprisonment. Cartwright faces a 25 year mandatory minimum sentence and Scott, a15 year mandatory minimum sentence.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Thomas M. Zaleski.
Click here to view the indictment
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PATTY HARTMAN, Media Contact, 215-861-8525Resident of Dominican Republic Sentenced on Illegal Reentry CaseRead the Press Release
BOSTON - A resident of the Dominican Republic was sentenced today for illegally reentering the United States after being previously deported.
Melvin Vinicio-Arias, 39, of Lawrence, was sentenced by U.S. District Court Judge Timothy S. Hillman to 56 months in prison. Vinicio-Arias also faces deportation to the Dominican Republic upon completion of his prison term. In July 2013, Vinicio-Arias pleaded guilty to illegal reentry of a deported alien.
Vinicio-Arias had previously been removed from the U.S. in 1998 and 2010; he re-entered the United States illegally at some point after each removal without permission. In 1998, Vinicio-Arias arrived to the U.S. from Puerto Rico and attempted to gain admission by presenting a Puerto Rican birth certificate to immigration inspectors in New York. Additionally, in 2006, he was convicted of felony narcotics offenses and subsequently deported back to the Dominican Republic in 2010. Vinicio-Arias most recently re-entered the U.S. at an unknown place and date and came to the attention of agents in June 2012.
United States Attorney Carmen M. Ortiz; and Sean Gallagher, Field Office Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations in Boston, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Michelle L. Dineen Jerrett of Ortiz’s Worcester Branch Office.
Realty Company Owner and Chicago Police Lieutenant Indicted in Connection with Alleged Fraudulent Bank LoanRead the Press Release
CHICAGO — An owner of Chicago realty business who formerly was also the chief executive of a failed Chicago bank was arrested today on federal bank fraud charges involving an alleged scheme to illegally provide a $650,000 mortgage for the purchase of a south side apartment building. A Chicago police lieutenant who allegedly played a role in the scheme was charged in the same indictment with federal income tax fraud.
ROBERT MICHAEL, 62, of Chicago, an owner of Michael Realty and a former shareholder, chief executive officer, and senior lender at the failed Citizens Bank, was arrested today by agents with the Internal Revenue Service Criminal Investigation Division. He was charged with one count each of bank fraud, making false statements to a bank, and money laundering in an indictment that was returned by a federal grand jury on Nov. 14 and unsealed today following his arrest. The indictment also seeks forfeiture of at least $634,000 from Michael.
Michael pleaded not guilty before U.S. Magistrate Judge Daniel Martin and was released on a $10,000 personal recognizance bond.
Also indicted but not arrested was ERROLL DAVIS, 52, of Chicago, a Chicago police lieutenant who was charged with one count of filing a false federal income tax return. Davis will be arraigned at a later date in Federal Court. The tax charge is not directly related to Davis’ employment as a police officer.
The arrests and charges were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and James C. Lee, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division.
According to the indictment, between March and November 2008, Michael schemed with Individual A, the owner and president of The Prime Time Group, Inc., and the Regal Theater LLC, to fraudulently obtain approximately $634,000 from Citizens Bank, knowing that the mortgage loan to fund Davis’ purchase of a 12-unit apartment building at 1665 East 79th St., in Chicago, was the result of false statements to the bank.
In March 2008, Individual A, through her companies, purchased the New Regal Theater property, which included the theater, two adjacent parking lots, and the apartment building. Michael allegedly caused Citizens Bank to loan $2.1 million to Individual A and the Prime Time Group to purchase the theater property, but as the loan officer on the transaction, he excluded the apartment building from the collateral securing the loan to evade the bank’s legal lending limits.
By November 2008, Individual A and the Prime Time Group owed approximately $40,000 to Citizens Bank on past due mortgage payments for the theater property, and more than $240,000 to Michael’s company, 300 West Sibley, LLC, on the lease for a nightclub in Dolton. Because of its legal lending limit, the bank was unable to loan additional funds to Individual A.
To allow Individual A to obtain subsequent financing that would be secured by the apartment building, Michael allegedly caused Citizens Bank to loan approximately $650,000 to Davis, whom Individual A referred to Michael for Davis’ purchase of the apartment building. Michael allegedly knew that the purpose of this transaction was to generate cash for Individual A to use to pay rent owed to Michael’s company on the nightclub property and to pay past due mortgage payments and other expenses related to the theater property.
Michael and Individual A allegedly prepared a fraudulent real estate contract for the purchase of the apartment building, purporting that the purchase price was $900,000 and that Davis had paid $90,000 in earnest money. Michael, Individual A, and Davis allegedly made other false statements, including creating false apartment leases, to induce Citizens Bank to issue a mortgage to Davis. Ultimately, Michael approved a wire transfer of $639,000 to fund the apartment transaction, and caused the title company to issue a check for $634,046, representing proceeds of the transaction, the indictment alleges. The money laundering count charges that $200,000 in proceeds from the fraudulent loan were paid to Michael Realty.
Bank fraud and making false statements to a bank each carry a maximum penalty of 30 years in prison and a $1 million fine, while money laundering carries a maximum penalty of 10 years in prison and a $250,000 fine. The tax count against Davis carries a maximum penalty of three years in prison and a $250,000 fine. In addition to criminal penalties, including mandatory costs of prosecution, defendants convicted of tax offenses remain responsible for any taxes and interest due, as well as civil penalties of up to 75 percent of the tax owed. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorneys Megan Church and Joel Hammerman.
An indictment contains merely charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Indictment
Prominent Nashville, Tennessee Pediatrician and Former Owner of Centennial Pediatrics Pleads Guilty to Health Care FraudRead the Press Release
Agreements Includes 20-Year Exclusion from Federal Health Care Programs and Over $1.6 Million in Criminal Restitution and False Claims Act Damages
Dr. Edward “Eddie” Hamilton, 54,of Nashville, Tenn. and former owner of the medical practice of Centennial Pediatrics, P.C., pleaded guilty yesterday in U.S. District Court to a misdemeanor count of health care fraud, announced David Rivera, United States Attorney for the Middle District of Tennessee. The plea comes as part of a global resolution of criminal and civil violations of the False Claims Act (“FCA”).
Pursuant to the criminal plea and civil settlement, Hamilton is excluded from participation in in all federal health care programs for 20 years and is ordered to pay criminal restitution and FCA damages totaling over $1.6 million.
Hamilton was also required to divest himself of his ownership of Centennial Pediatrics medical practice and the sale of the Centennial Pediatrics’ assets was finalized on October 31, 2013. This resolution allowed for continuity of care for thousands of TennCare patients and other children who receive health care services from other physicians at Centennial Pediatrics.
“The penalties set forth in the plea agreement and the civil settlement should send a clear message to those who defraud health care programs, especially those programs intended to help our nation’s most vulnerable people-our children,” said U.S. Attorney David Rivera. “The terms of the settlement and plea agreement provide for a substantial penalty and allow necessary medical care to continue without interruption for thousands of Tennessee’s children.”
The global settlement resolves allegations by the United States and Tennessee that Dr. Hamilton, through Centennial, from about January 2007 through November 2012, knowingly upcoded billings for infant auditory screening exams to Tennessee’s Medicaid program (“TennCare”) and commercial insurance programs. Specifically, Centennial billed for the infant hearing exams that it performed at Baptist Hospital as comprehensive auditory exams, even though it only performed the less expensive auditory screens. The investigation revealed that Centennial did not even have equipment capable of performing the comprehensive tests for which it billed.
Also, according to the plea agreement, Hamilton admitted that through numerous Centennial clinics, he systemically billed for urinalysis testing as though its office had performed a microscopic examination of the sample despite the fact that no microscopy had been performed. Centennial upcoded its billings in this manner even though its clinics did not own or possess the microscopes necessary to conduct such examinations.
Hamilton also admitted in the plea agreement that he was told on multiple occasions and in writing by members of his staff, including his own audiologists, that the infant audiology service Centennial was billing was not being performed. Hamilton denied repeated requests from Centennial audiologists to purchase the diagnostic testing equipment necessary to perform the more comprehensive tests being billed. With respect to the fraudulent urinalysis, other Centennial physicians, including Hamilton’s medical director, notified Hamilton of the improper urinalysis billing at the Centennial pediatric clinics. Despite being advised of the improperly billed services, Hamilton directed that the higher reimbursement codes continue to be billed by his company.
“Medicaid fraud steals from the taxpayers and diverts precious resources from those who need it most," said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services- Office of Inspector General in Atlanta. “This settlement will send a message to health care providers that they must provide to beneficiaries the services Medicaid has paid for and that the United States government will take seriously any failure to do so.”
“This plea is the result of the cooperation between the FBI and our law enforcement partners and reflects the long hours of investigation and hard work spent building a strong case,” said A. Todd McCall, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “Health Care Fraud is a priority for the FBI and we will continue to target those who criminally manipulate the health care system for their own personal gain and make victims of us all.”
Mark Gwyn, Director of the Tennessee Bureau of Investigation, which houses the Tennessee's Medicaid Fraud Control Unit, stated, “Fraudulent billing of Medicaid will not be tolerated. The TBI is committed to protecting the TennCare program, which is intended to support those who need the help. This case is yet another example of how state and federal investigators will work together to hold health care providers accountable, both civilly and criminally, for wrongfully billing TennCare.”The criminal investigation and the joint federal and state civil investigation corroborated conduct originally alleged in a qui tam complaint filed pursuant to the FCA. The qui tam provision of the False Claims Act allows for whistleblowers, or relators, to file suit for violations of the act on behalf of the government. The relator is entitled to a percentage of the amount recovered by the government as a result of the information provided that resulted in the subsequent investigation and prosecution.
This matter was investigated by the Department of Health and Human Services Office of Inspector General, the FBI, the Tennessee Bureau of Investigation, the Tennessee Attorney General’s Office, and the United States Attorney’s Office for the Middle District of Tennessee. The United States was represented by Assistant U.S. Attorneys Lisa Rivera and Christopher C. Sabis.
Pomona Resident Previously Convicted in Child Exploitation Case Indicted for Illegally Possessing Weapons CacheRead the Press Release
LOS ANGELES -- An Army veteran who was convicted of possessing child pornography after a court martial was indicted today on federal charges of being a felon in possession of firearms and ammunition.
Ky Cheng, 43, of Pomona, was named in a one-count indictment that charges him with illegally possessing a cache of weapons. If he is convicted of the charge, he would face a maximum statutory penalty of 10 years in federal prison.
The case stems from a probation search of Cheng’s residence on August 14, 2013. Law enforcement officials from the Pomona Police Department, the United States Marshals Service, the Los Angeles County Probation Department, the Los Angeles County District Attorney’s Office, and the California Department of Corrections and Rehabilitation conducted the search and found weapons that prompted the Sheriff’s Department Bomb Squad to respond. As a result of the weapons discovered during the search, the FBI San Gabriel Valley Safe Streets Gang Task Force was brought in to investigate.
The indictment alleges that Cheng illegally possessed eight .45-caliber handguns, two 12-gauge shotguns, one .308-caliber rifle, 46 high-capacity ammunition magazines and approximately 1,200 rounds ammunition.
Cheng was convicted of possession of child pornography in 2007, and he was convicted in Los Angeles Superior Court of failing to register as a sex offender in 2010.
Cheng is currently in the Los Angeles County Jail serving a three-year sentence imposed for violating the terms of his probation in the 2010 case.Release No. 13-134a
Petersburg Man indicted on distribution, receipt, and possession of child pornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a Petersburg, Alaska, man was indicted for the distribution, receipt, and possession of child pornography.
A federal grand jury returned an indictment against Petersburg resident Tye Leif Petersen, 45, charging him with three counts: distribution, receipt, and possession of child pornography. Petersen was previously charged by criminal complaint on October 30, 2013, and was ordered detained pending trial.
Assistant U.S. Attorney Jack S. Schmidt, who is prosecuting the case, indicated that the law provides that a person convicted of distribution or receipt of child pornography faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years, and a $250,000 fine. The charge of possession of child pornography carries a maximum sentence of 20 years and a $250,000 fine because the images depict children under the age of 12 years. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The charges against Petersen are the result of an investigation conducted by the Federal Bureau of Investigation in cooperation with the Petersburg Police Department. If the public has any further information about the activities of Petersen please contact the Petersburg Police Department at (907) 772-3838.
This case is being pursued as part of Project Safe Childhood. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Owner of Home Improvement Company Pleads Guilty to FraudRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS, OHIO– Terrance J. King, 46, of Columbus pleaded guilty to charges that he defrauded homeowners, businesses, the Columbus Metropolitan Housing Authority (CMHA), the U.S. Department of Housing and Urban Development (HUD), and the Internal Revenue Service (IRS) in connection with a home improvement repair company he operated. King pleaded guilty to one count each of money laundering, false claims, and filing a false federal income tax return. In addition, King agreed to forfeit $40,280.94.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Barry McLaughlin, Special Agent in Charge, U.S. Department of Housing and Urban Development Office of Inspector General announced the guilty pleas entered today before U.S. Magistrate Judge Terence P. Kemp.
According to court documents, during 2008, 2009 and 2010 King owned and operated Home Improvement Terrance King, doing business in the Dayton, Springfield, and Columbus, Ohio areas. King or his employees solicited business at properties which needed roofing repairs. The clients’ insurance companies were contacted and claims were filed for the repairs. King accepted the insurance money as payment for services rendered.
King failed to report all of the income earned from his company on his federal income tax returns for those three years. For the 2009 income tax year, King claimed total income in the amount of $7,919, when his actual total income was $243,656.12. The total tax loss to the IRS as a result of the false income tax returns filed by King was $241,076.35.
While earning the income from Home Improvement Terrance King, on or about September 18, 2008, King submitted to the Columbus Metropolitan Housing Authority a recertification application package to continue to receive subsidized housing assistance supported by funds from the United States Department of Housing and Urban Development. In this package, King submitted specific documents representing that he earned little or no income and had no assets.
Money laundering is punishable by up to ten years in prison and a fine of up to $250,000. Filing a false claim is punishable by up to five years in prison, a fine of up to $250,000, and restitution to HUD in the amount of approximately $9,000. The willful filing of a false federal income tax return is punishable by up to three years in prison, a fine of up to $250,000, and restitution to the IRS in the amount of approximately $241,076.35. The court will schedule a date for sentencing.
"Tax violations have been erroneously referred to as victimless crimes, but it's the honest law-abiding citizen who is harmed when someone tries to manipulate our nation's tax system," said Kathy A. Enstrom, Acting Special Agent in Charge, IRS, Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Stewart commended the investigation conducted by the IRS and HUD Office of Inspector General, and Assistant U.S. Attorneys Laura Fulton and Jessica Knight, who are prosecuting the case.
# # #Orange Man Sentenced to Three Years in Federal Prison for Illegally Possessing FirearmsRead the Press Release
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Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that BRIAN FARRELL, 36, of Orange, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 36 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms.
According to court documents and statements made in court, on December 26, 2012, federal and state law enforcement officers searching for a federal fugitive at 75 Daggett Street in New Haven encountered FARRELL at an apartment at that location. FARRELL was found in possession of two pistols, a sawed-off shotgun, assorted ammunition and body armor.
In 2001, FARRELL was convicted in U.S. District Court in Connecticut of conspiracy to import Ecstasy. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On June 7, 2013, FARRELL pleaded guilty to one count of possession of firearms by a previously convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven Police Department. The case was prosecuted by Assistant U.S. Anthony E. Kaplan.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Official Admits Stealing $13K from Independent UnionRead the Press Release
PITTSBURGH – A resident of Butler County pleaded guilty in federal court to a charge of union embezzlement, United States Attorney David J. Hickton announced today.
Duane Rill, 52, of Cranberry Township, Pa., pleaded guilty on Nov. 20, to one count before United States District Court Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that Rill, a Secretary-Treasurer of the Berry Metal Employees’ Association, an independent union, stole approximately $13,496 from the union by writing and cashing unauthorized union checks and by making an unauthorized cash withdrawal during the period from March 23, 2007, to Nov. 20, 2009.
Judge Fischer scheduled sentencing for March 27, 2014, at 9 a.m. The law provides for a maximum total sentence of not more than 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentence, the court released Rill on bond.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Department of Labor, Office of Labor Management Standards, conducted the investigation that lead to the prosecution of Rill.
New York Man Charged with Traveling to Engage in Sex with MinorRead the Press Release
Gary C. Green, Jr., 43, of Johnstown, New York, was charged with travel to engage in illicit sexual contact with a minor, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The criminal information charges that from on or about August 3, 2013, through on or about August 4, 2013, Green knowingly traveled in interstate commerce, from the State of New York to the State of Ohio, for the purpose of engaging in illicit sexual conduct with another person, that is, a fifteen-year-old girl.
If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Youngstown Office.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
New Haven Man Sentenced to More Than Nine Years in Federal Prison for Distributing Crack CocaineRead the Press Release
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Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that FREDRICK COX, SR., also known as “Bama-Lama,” 43, of New Haven, was sentenced today by Senior U.S. District Judge Ellen Bree Burns in New Haven to 115 months of imprisonment, followed by four years of supervised release, for distributing cocaine base (“crack cocaine”).
COX is one of more than 100 individuals charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants, and seizures of narcotics and firearms. The investigation revealed that COX conspired with others to distribute crack cocaine.
On April 17, 2013, COX pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 28 grams or more of cocaine base.
COX has sustained at least 11 prior felony convictions and, since September 12, 2011, he has been serving an unrelated five-year state sentence. Judge Burns imposed the 115-month federal sentence to run consecutively to COX’s state sentence.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The U.S. Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Marc Silverman.
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Tom Carson
(203) 821-3722 [email protected]Ms-13 Members Convicted of Murders<br /> and Attempted MurdersRead the Press Release
After a three-week trial, a federal jury has convicted two MS-13 members for their roles in committing murders, attempted murders and armed robberies in Gwinnett and DeKalb counties in northern Georgia.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia, Special Agent in Charge Brock D. Nicholson of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Atlanta, and Special Agent in Charge Mark F. Giuliano of the FBI’s Atlanta Field Office made the announcement.
“These MS-13 gang members engaged in a ruthless – and senseless – string of attacks and murders, terrorizing the communities in which they operated,” said Acting Assistant Attorney General Raman. “Thanks to the investigators and prosecutors who made today’s convictions possible, these violent gang members are off the streets of northern Georgia and face up to life in prison behind bars.”
“These two defendants set the standard for violence as members of MS-13, an international gang infamous for its disregard for human life,” said U.S. Attorney Yates. “They spread fear throughout the community by killing innocent pedestrians, shooting suspected rival gang members and robbing innocent people at gunpoint. By finding them guilty, this jury has held them accountable for their crimes.”
“As active members of one of the most violent gangs in the world, these men posed a significant threat to the public safety of our communities,” said HSI Special Agent in Charge Nicholson, who is responsible for agency investigations in Georgia and the Carolinas. “HSI and our partners at the FBI and local law enforcement agencies have taken a strong stand against transnational gangs in Atlanta. These are just the latest convictions that show how successful our efforts have been.”
“Today's conviction in federal court of two violent members of the international gang known as MS-13 adds to the list of successes for those law enforcement officers, investigators and prosecutors who are working hard to neutralize this dangerous criminal enterprise,” said FBI Special Agent in Charge Giuliano. “While these successes are important for the FBI and its various law enforcement partners, it is more important to those particular communities impacted by MS-13's violent crimes.”
Remberto Argueta, aka Pitufo, 27, of Lilburn, Ga., and William Espinoza, aka Cheberria and Crazy, 31, of Norcross, Ga., were convicted today by a federal jury and will be sentenced at a later date before U.S. District Judge Richard W. Story. Each defendant was convicted of RICO conspiracy involving murder. Argueta was also convicted of violent crime in aid of racketeering and a firearms offense related to the murder of Arpolonio Rios-Jarquin. Espinoza was also convicted of violent crime in aid of racketeering and a firearms offense related to the attempted murder of Jayro Arango-Sanchez. Violent crime in aid of racketeering for murder carries a mandatory sentence of life in prison, while RICO conspiracy involving murder carries a sentence of up to life in prison. Parole has been abolished in the federal system.
According to court records, MS-13 is an international gang that has operated in the Atlanta area since at least 2005. The gang members staked out Gwinnett and DeKalb Counties as their home territory.
Evidence presented at trial showed that Argueta, along with other gang members, planned to rob Arpolonio Rios-Jarquin, a suspected drug dealer, at a hotel in April 2007. When Rios-Jarquin turned out to have his own gun, Argueta and his fellow MS-13 members engaged in a shootout with Rios-Jarquin that spilled outside the hotel room. Surveillance video showed one of the MS-13 members stopping to pick up Rios-Jarquin’s weapon, which he later showed off as a trophy.
In October 2007, Argueta and several other MS-13 members were at an apartment complex in Gwinnett County when Argueta spotted suspected rival gang members. According to evidence at trial, he approached them and asked them who they “claimed”—that is, what gang they belonged to. When Christian Escobar responded that he and his friend, Jose Garcia-Barajas, were members of the rival gang 18th Street, Argueta said, “You’re going to die.” Argueta pulled out a handgun and started chasing and shooting at Escobar and Garcia-Barajas. He shot Escobar in the back and Garcia-Barajas in the hip and arm. While shooting at them, Argueta also fired shots into the apartments of nearby residents. An elderly woman testified that one of Argueta’s bullets hit an armchair that she had been sitting in just a few minutes earlier.
Evidence at trial showed that in early July 2008, Espinoza lent his .380 caliber handgun to fellow gang members so that they could retaliate against a member of La Raza, a rival gang. An MS-13 member shot a 15-year-old boy who was taking a shortcut across through an apartment complex. The boy was not a member of a gang and had traveled from Ohio with his family to visit other family members for the Fourth of July holiday.
A few weeks later in July 2008, Espinoza and other members of MS-13 were at El Pueblito, a nightclub in DeKalb County, when a fight broke out with suspected members of the rival gang 18th Street. Surveillance video showed Espinoza going out to the parking lot and retrieving a .380 handgun from a car. He approached the club entrance and shot Jayro Arango-Sanchez in the stomach. Arango-Sanchez testified at trial that he was not a gang member and that he was at the club with his girlfriend and brother to celebrate his birthday.
According to evidence at trial, just two days later, Espinoza and four other MS-13 members drove to an apartment complex in Gwinnett County to look for pedestrians to rob. After spotting a victim, Espinoza and another gang member got out of their SUV and approached Aurelio Vasquez. Espinoza put his .380 handgun to Vasquez’s head while the other MS-13 member started to search Vasquez’s pockets for money. Vasquez, who was returning home after buying groceries, resisted being robbed, so Espinoza shot him through the head. Espinoza and his fellow gang members wanted to rob Vasquez to get money for beer.
This case is being investigated by ICE-HSI and FBI, with assistance from Gwinnett County Police Department, DeKalb County Police Department and Gwinnett County Sheriff’s Office.
Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section and Assistant United States Attorney Paul R. Jones are prosecuting the case.Michael Thomas Bad Old Man 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 November 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 27 months, concurrent with another sentence
- ecial Assessment: $100
- pervised Release: 3 years
BAD OLD MAN was sentenced in connection with his guilty plea to burglary.
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 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up the officer and the neighbor went into "Jane Doe's" residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. BAD OLD MAN and "X.X." were caught. BAD OLD MAN had items in his pockets. While waiting for law enforcement to arrive, BAD OLD MAN stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence.
While at jail, a detention officer patted down BAD OLD MAN and found numerous earrings, a knife, a zippo lighter, a metal box, a heart-shaped ring, two NFL star earrings, a pink wrist band with pendant, and a rosary with a white pendant. These items were photographed.
Jane Doe" identified the items that were found on BAD OLD MAN as belonging to her. "Jane Doe's" daughter explained that BAD OLD MAN was in her house before and knew that it was "Jane Doe's" house. "Jane Doe's" daughter estimated that BAD OLD MAN had been in the house approximately five times.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BAD OLD MAN will likely serve all of the time imposed by the court. In the federal system, BAD OLD MAN 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.
McLaughlin Man Charged with Assault with A Dangerous Weapon and Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Lawrence Village Center, age 46, was indicted on November 14, 2013, for Assault with a Dangerous Weapon and Domestic Assault by an Habitual Offender. Village Center appeared before U.S. Magistrate Judge William D. Gerdes on November 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Village Center is presumed innocent until and unless proven guilty.
The Indictment alleges that on August 31, 2013, Village Center assaulted his spouse with a hammer.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Village Center was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Robert Arnold Stand, age 25, was indicted on November 14, 2013, for Aggravated Sexual Abuse of a Minor. Stand appeared before U.S. Magistrate William D. Gerdes on November 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 30 years of imprisonment and/or a $250,000 fine, and a mandatory minimum of 5 years up to life of supervised release. If Stand is found to have violated any condition of his supervised release, he may be incarcerated for an additional term of up to 5 years for each violation with one exception. If Stand commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping, or sex trafficking of children or by force, fraud, or coercion, while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation. The maximum penalty also includes a $100 special assessment to the Federal Crime Victims Fund, and restitution may be ordered.
The charge is merely an accusation, and Stand is presumed innocent until and unless proven guilty.
The Indictment alleges that on October 5, 2013, Stand engaged in and attempted to engage in a sexual act with a minor.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Stand was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Marlborough Resident Charged with Armed Robbery of South Windsor PharmacyRead the Press Release
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Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DAVID HANEY, 52, of Marlborough, was arrested today on a federal criminal complaint charging him with the armed robbery of prescription narcotics from a South Windsor CVS store in September.
HANEY was arrested this morning in Hamden. He appeared this afternoon before U.S. Magistrate Judge Joan G. Margolis in New Haven and was ordered detained.
According to court documents, this matter stems from an investigation into a series of armed robberies occurring at pharmacies in the greater Hartford area and Western Massachusetts. During each robbery, an assailant typically brandished a handgun and proceeded to steal large quantities of prescription narcotics.
As alleged in the criminal complaint, at approximately 7:45 p.m. on September 25, 2013, HANEY entered the CVS store located at 525 Buckland Road in South Windsor and proceeded to the pharmacy counter. He then asked for the pharmacist by name, showed the pharmacist a firearm that was in his waistband and demanded oxycodone pills. The pharmacist gave HANEY more than 2000 oxycodone pills of different strengths and HANEY exited the store.
The complaint charges HANEY with interference with commerce through threat of violence and conspiracy, possession of a firearm in furtherance of a crime of violence, and possession and conspiracy to possess narcotics with intent to distribute.
Acting U.S. Attorney Daly stated that the investigation is ongoing.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration and the South Windsor, East Hartford, Meriden, Vernon, and Manchester Police Departments, with the assistance of other state and local law enforcement agencies. This case is being prosecuted by Assistant U.S. Attorney Anthony E. Kaplan.
Acting U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
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(203) 821-3722 [email protected]Man Pleads Guilty to Piloting Commerical Ships on Great Lakes with Fraudulent Coast Guard LicenseRead the Press Release
SYRACUSE, NEW YORK - Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today that Mark Anselm, 37, of Clayton, N.Y., pled guilty before the U.S. District Judge Glen T. Suddaby to six felony offenses that charged him with making false statements to officials of the United States Coast Guard, possession and use of an altered merchant marine license, and aggravated identity theft.
In pleading guilty, Anselm admitted that during 2011 and 2012 he held himself out to federal officials, to various marina owners, and to other potential employers as being a licensed commercial ship pilot when he possessed no such license. Anselm admitted to having repeatedly presented fraudulent merchant marine licenses to employers and potential employers that he had altered to substitute his name. With his false licenses, he gained employment and operated various commercial ships on Lake Ontario. His criminal conduct was discovered by the Coast Guard after he grounded a tug boat in Canadian waters on June 19, 2012. The ensuring investigation revealed numerous instances of Anselm holding himself out as a licensed commercial merchant marine captain based upon licenses that he had forged.
Anselm is scheduled to be sentenced on March 28, 2014, in Syracuse, NY. He faces a maximum term of incarceration of 27 years, and a fine of up to $1.5 million. The sentence imposed for aggravated identity theft contains a mandatory minimum 2 year term of incarceration and must run consecutively to the sentence imposed on any other count.
This case was investigated by Special Agents of the Coast Guard and Department of Homeland Security. Prosecution is being handled by Assistant United States Attorney Craig A. Benedict. Mr. Benedict may be contacted for questions regarding this case at 315-448-0726.
MS-13 Members Convicted of Murders and Attempted MurdersRead the Press Release
ATLANTA – Remberto Argueta and William Espinoza have been convicted by a federal jury for committing murders, attempted murders, and armed robberies in Gwinnett and DeKalb counties.
“These two defendants set the standard for violence and disregard for human life as members of the international gang MS-13,” said United States Attorney Sally Quillian Yates. “They spread fear throughout the community by killing innocent pedestrians, shooting suspected rival gang members and robbing innocent people at gunpoint. By finding them guilty, this jury has held them accountable for their crimes.”
“As active members of one of the most violent gangs in the world, these men posed a significant threat to the public safety of our communities,” said Brock D. Nicholson, special agent in charge of ICE HSI Atlanta, which is responsible for agency investigations in Georgia and the Carolinas. “HSI and our partners at the FBI and local law enforcement agencies have taken a strong stand against transnational gangs in Atlanta. These are just the latest convictions that show how successful our efforts have been.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: "Today's conviction in federal court of two violent members of the international gang known as MS-13 adds to the list of successes for those law enforcement officers, investigators and prosecutors who are working hard to neutralize this dangerous criminal enterprise. While these successes are important for the FBI and its various law enforcement partners, it is more important to those particular communities impacted by MS-13's violent crimes."
According to United States Attorney Yates, the charges and other information presented in court: MS-13 is an international gang that has operated in the Atlanta area since at least 2005. The gang members staked out Gwinnett and DeKalb Counties as their home territory. The evidence presented at trial showed that the defendants committed the following crimes:
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Remberto Argueta, along with other gang members, planned to rob Arpolonio Rios-Jarquin, a suspected drug dealer, at a hotel in April 2007. When Rios-Jarquin turned out to have his own gun, Argueta and his fellow MS-13 members engaged in a shootout with Rios-Jarquin that spilled outside the hotel room. Surveillance video showed one of the MS-13 members stopping to pick up Rios-Jarquin’s weapon, which he later showed off as a trophy.
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In October 2007, Argueta and several other MS-13 members were at an apartment complex in Gwinnett County when Argueta spotted suspected rival gang members. He approached them and asked them who they “claimed”—that is, what gang they belonged to. When Christian Escobar responded that he and his friend, Jose Garcia-Barajas, were members of the rival gang 18th Street, Argueta said, “You’re going to die.” Argueta pulled out a handgun and started chasing and shooting at Escobar and Garcia-Barajas. He shot Escobar in the back and Garcia-Barajas in the hip and arm. While shooting at them, Argueta also fired shots into the apartments of nearby residents. An elderly woman testified that one of Argueta’s bullets hit an armchair that she had been sitting in just a few minutes earlier.
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In early July 2008, William Espinoza loaned his .380 caliber handgun to fellow gang members so that they could retaliate against a member of La Raza, a rival gang. An MS-13 member shot a 15-year-old boy who was taking a shortcut through an apartment complex. The boy was not a member of a gang and had traveled from Ohio with his family to visit other family members for the Fourth of July holiday.
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A few weeks later in July 2008, Espinoza and other members of MS-13 were at El Pueblito, a nightclub in DeKalb County, when a fight broke out with suspected members of the rival gang 18th Street. Surveillance video showed Espinoza going out to the parking lot and retrieving a .380 handgun from a car. He approached the club entrance and shot Jayro Arango-Sanchez in the stomach. Arango-Sanchez testified that he was not a gang member and that he was at the club with his girlfriend and brother to celebrate his birthday.
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Just two days later, Espinoza and four other MS-13 members drove to an apartment complex in Gwinnett County to look for pedestrians to rob. After spotting a victim, Espinoza and another gang member got out of their SUV and approached Aurelio Vasquez. Espinoza put his .380 handgun to Vasquez’s head while the other MS-13 member started to search Vasquez’s pockets for money. Vasquez, who was returning home after buying groceries, resisted being robbed, so Espinoza shot him through the head. Espinoza and his fellow gang members wanted to rob Vasquez for beer money.
The sentencing for Remberto Argueta, also known as Pitufo, 27, of Lilburn, Ga., and William Espinoza, also known as Cheberria and Crazy, 31, of Norcross, Ga., will be scheduled at a later date before United States District Judge Richard W. Story. Each of the defendants was convicted of RICO conspiracy involving murder. Argueta was also convicted of Violent Crime in Aid of Racketeering and a firearms offense related to the murder of Arpolonio Rios-Jarquin. Espinoza was also convicted of Violent Crime in Aid of Racketeering and a firearms offense related to the attempted murder of Jayro Arango-Sanchez. Violent Crime in Aid of Racketeering for murder carries a mandatory sentence of life in prison, while RICO conspiracy involving murder carries a sentence up to life. Parole has been abolished in the federal system.
This case is being investigated by Special Agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from Gwinnett County Police Department, DeKalb County Police Department, and Gwinnett County Sheriff’s Office.
Assistant United States Attorney Paul R. Jones and U.S. Department of Justice, Organized Crime and Gang Section, Trial Attorney Joseph K. Wheatley are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
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Lyons Man Sentenced to 60 Years in Federal Prison for Producing Child PornograpyRead the Press Release
GRAND RAPIDS, MICHIGAN – Floyd Andrew Brown, Jr., 36, of Lyons, Michigan was sentenced to 720 months (60 years) in federal prison for producing child pornography, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Robert Holmes Bell imposed a lifetime term of supervised release that will commence once Brown is released from imprisonment. Brown will also be required to register as a sexual offender.
The case came to the attention of law enforcement in late 2012, when Brown printed a pornographic image of a minor at a department store. An attentive store employee called the police. Police interviewed Brown and executed search warrants at his residence, where they recovered a substantial amount of child pornography and other evidence. The investigation revealed that Brown had been sexually abusing young girls and producing child pornography at his home and elsewhere. Brown was taken into custody in December 2012, and he pleaded guilty to two counts of producing child pornography in July 2013. He admitted at the plea hearing that he had sexually abused young girls and had produced child pornography videos and images of that conduct. He further admitted that he had sexually exploited five female victims aged 12 and under. He also admitted to possessing additional child pornography.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Department of Homeland Security, Homeland Security Investigations (HSI) and the Michigan State Police (MSP) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case..
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Long Island Fisherman and Fish Dealer Sentenced for Wire Fraud and Falsifying RecordsRead the Press Release
The operator of the dragger F/V Norseman and an associated fish dealer were sentenced today in federal court in Central Islip, N.Y., for criminal violations stemming from their role in systematically underreporting fluke (summer flounder) that was being harvested as part of the federal Research Set-Aside Program, the Justice Department’s Environment and Natural Resources Division announced.
On Aug. 15, 2013, Wertz pleaded guilty to one count of wire fraud and two counts of falsification of federal records for knowingly submitting 137 falsified dealer reports from May 2009 through December 2011, and 70 falsified fishing logs, known as fishing vessel trip reports (FVTRs), from May 2011 through December 2011, as part of a scheme to defraud the United States of overharvested and unreported fluke. C&C Ocean Fishery Ltd. pleaded guilty to one count of wire fraud and three counts of falsification of federal records for its participation in the scheme, which included aiding and abetting the submission of falsified dealer reports and FVTRs.
C&C Ocean was not only aware of the false Norseman FVTRs, but it aided and abetted the perpetration of the FVTR scheme through its preparation of federal dealer reports. As a federal dealer, C&C Ocean was required to prepare and submit federal dealer reports to NOAA. The dealer reports include information such as date of landing, port of landing, catch vessel, corresponding FVTR numbers, commercial grade, species, price, and weight. In order to cover up the overharvesting that occurred on the water, C&C Ocean’s dealer report had to match the catch data that was submitted on the corresponding FVTR. In other words, if the FVTR falsely underreported the Norseman’s catch of fluke, then the scheme would likely be detected unless the corresponding dealer report was similarly falsified. Both defendants prepared and submitted false dealer reports for each of the trips set forth in the table.
The case was investigated by special agents of NOAA's National Marine Fisheries Service, Office of Law Enforcement, with assistance from the New York State Department of Environmental Conservation Police. The case is being prosecuted by Christopher L. Hale of the Justice Department’s Environmental Crimes Section, Environment and Natural Resources Division.
The defendants electronically submitted the 137 false dealer reports from Wertz’s desktop computer in New York, through an out-of-state internet server, to NOAA’s Regional Fisheries Administrator in Gloucester, Mass. Under NOAA regulations, all of the Norseman’s catch had to be reported to NOAA on FVTRs. During the years 2009, 2010, and 2011, the Norseman principally targeted fluke. However, on multiple occasions the vessel exceeded its relevant federal and New York State quotas for fluke for 137 trips, totaling 86,080 pounds of fluke worth approximately $200,000.
In order to cover up the illegal fluke harvesting, the operators of the Norseman falsified the FVTRs that were submitted to NOAA. For each of the 137 trips, a false FVTR was submitted. During 2009 and 2010, another individual submitted the false FVTRs, but by May 2, 2011, Wertz was falsifying and submitting the FVTRs himself. The defendants were aware that the FVTRs were utilized by NOAA as part of the administration of its statutory-mandated fisheries management program. Charles Wertz, Jr., a commercial fisherman from East Meadow, N.Y., was sentenced to serve one year and a day in prison to be followed by three years of supervised release, 100 hours of community service, a $5,000 fine, $99,800 in restitution and a $300 special assessment. The fish dealer, C&C Ocean Fishery Ltd., was sentenced to pay a $275,000 fine, $99,800 in restitution, and a $1,600 special assessment. The court also sentenced the defendants to comply with multiple sentence conditions, including relinquishment of federal fishing permits, a ban on participation in the Research Seat-Aside Program, divestiture of any interest in the F/V Norseman, and winding down and dissolving the company, C&C Ocean Fishery Ltd., within 90 days.
Logan Man Gets 6 ½ Years in Federal Prison for Organizing Arson SchemeRead the Press Release
Michael White conspired with couple to burn down Boone rental duplex for insurance payout
CHARLESTON, W.Va. – Michael L. White was sentenced yesterday to six and a half years in prison after a federal jury found him guilty earlier this year of organizing a scheme to set fire to a Boone County rental duplex to collect more than $80,000 in insurance claims, announced U.S. Attorney Booth Goodwin. On May 10, a federal jury found White guilty on all three counts charged against him: conspiracy to commit arson, arson and accessory after the fact. Evidence at trial determined that White, 58, of Logan, conspired with an acquaintance, Kimberly Dawn Kinder, and her now deceased husband to set fire to a residential rental unit owned by White that was located in Van, Boone County, W.Va.
Kimberly Dawn Kinder, 46, of Chapmanville, previously pleaded guilty to her role in the conspiracy in June 2012. White and the Kinders conspired together to set fire to the duplex in order to collect insurance claims.
Late in the evening on October 15, 2009, the Kinders arrived at the Van Duplex. After entering through one of the rental units, Mr. Kinder poured gasoline on a pile of clothes in the living area of one of the units. Mr. Kinder set fire to the pile of clothes and Mrs. Kinder drove the getaway vehicle.
The Van Volunteer Fire Department later responded to the incident and extinguished the fire, but the property suffered severe damage. Afterward, White filed an insurance claim with Nationwide Insurance Company (“Nationwide”) as a result of the fire. Nationwide in turn paid White $80,716.51. White subsequently paid the Kinders a total of approximately $2,000 in small increments as payment for their role in the conspiracy.
Kinder was sentenced in June 2013 to three years and one month in federal prison for her role in the scheme.
United States District Judge Thomas E. Johnston ordered White to pay full restitution to Nationwide in the amount of $80,716.51.
The investigation was conducted by the West Virginia State Police. Assistant United States Attorneys Thomas Ryan and Larry Ellis handled the prosecution.
Little Eagle Woman Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman has been indicted by a federal grand jury.
Verinda Red Legs, age 29, was indicted by a federal grand jury on November 14, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Red Legs appeared before U.S. Magistrate Judge William D. Gerdes on November 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Red Legs is presumed innocent until and unless proven guilty.
The Indictment alleges that on October 18, 2013, Red Legs assaulted her dating partner with a knife and that assault resulted in serious bodily injury.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Red Legs was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Little Eagle Man Charged with Embezzlement and Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury.
Dana Fast Horse, age 46, was indicted on November 14, 2013, for Embezzlement and Theft from an Indian Tribal Organization. Fast Horse appeared before U.S. Magistrate Judge William D. Gerdes on November 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Fast Horse is presumed innocent until and unless proven guilty.
The Indictment alleges that between August 15, 2013 and October 1, 2013, Fast Horse, while Vice Chairman for the Running Antelope District, willfully and unlawfully stole, embezzled, misapplied, and converted to his own use over $1,000 of the monies and funds belonging to the Running Antelope District, which is a subdivision of the Standing Rock Sioux Tribe.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Fast Horse was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on November 22, 2013, Bobbie Elaine Parker, 35, of Lincoln, was sentenced to 12 years and seven months (151 months) in prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between March of 2010 and December of 2012. Information provided to law enforcement indicated that Parker was involved in the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time. In June of 2012, Parker was found in possession of ½ gram of methamphetamine and over $400 in cash. In December of 2012, Parker sold approximately 1 ½ grams of methamphetamine to an undercover police officer through a third person.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Las Vegas Man Sentenced to 14 Years in Prison for Receiving and Possessing Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who possessed over 1,400 images of child pornography on his home computers, has been sentenced to 14 years in prison and lifetime supervised release, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Steven Byington, 69, who was convicted by a jury on June 20, 2013, of one count of receipt of child pornography and one count of possession of child pornography, was sentenced on Thursday, Nov. 21, 2013, by U.S. District Judge Gloria M. Navarro.
“The penalties for this type of crime are very high, particularly when large amounts of pornography are received,” said U.S. Attorney Bogden. “We will aggressively prosecute the persons who victimize children through these horrible crimes.”
According to court records and evidence introduced at trial, in May 2010, Special Agents with Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) determined that Byington had made child pornography available for download through an Internet file sharing site. Agents executed a federal search warrant at Byington’s home in Las Vegas on Nov. 16, 2010, and seized four computers, external hard drives, and computer storage devices. A forensic analysis determined that the computers and equipment contained over 1,400 images, including 13 videos, of child pornography. The pornography included depictions of prepubescent minors, bondage, bestiality, and adult sexual penetration of minors.
The investigation was conducted by ICE-HSI and prosecuted by Assistant United States Attorneys Susan Cushman and Daniel R. Schiess.The case has been brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal
safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project
Safe Childhood, please visit www.usdoj.gov/psc. For more information about internetKera Dawn Evans Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in , on November 22, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, KERA DAWN EVANS "a/ka/ Kera Dawn Hoots", a 30-year-old resident of Big Timber, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for March 13, 2014. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (DEA) and Sidney Police Department began to investigate a drug trafficking network operating in Sidney and Fairview, as well as other locations in Montana. The investigation revealed EVANS was involved in that drug trafficking network.
On March 1, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction which occurred in Bozeman. A DEA chemist later analyzed the substance and concluded it contained 28.1 grams of actual methamphetamine.
On March 6, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Livingston. A DEA chemist later analyzed the substance and concluded it contained 27.9 grams of actual methamphetamine.
On March 11, 2013, EVANS sold approximately 55 grams of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Billings. A DEA chemist later analyzed the substance and concluded it contained 54.6 grams of actual methamphetamine.
On March 14, 2013, EVANS agreed to sell more methamphetamine to the undercover MDCI agent. Thereafter, law enforcement officers stopped a vehicle in which EVANS was driving in Columbus. The officers seized approximately 223 grams of suspected methamphetamine from the vehicle. A DEA chemist later analyzed the substance and concluded it contained approximately 219 grams of actual methamphetamine.
EVANS faces possible penalties of ? years in prison, a $250,000 fine, and 3 years supervised release.
Today's change of plea is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshals Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, the Sidney Police Department, the Sweet Grass County Sheriff's Office, and the Idaho State Police.
Justice Department Employees to Be Awarded for Service in Major CasesRead the Press Release
Several Department of Justice employees will be honored for their exemplary service in cases that had a profound impact on Northern Ohio.
The employees are being honored for their work on the Cuyahoga County corruption investigation, the investigation into Omnicare Corp. that resulted in a $50 million settlement, the successful prosecution of the LSP street gang in Youngstown for racketeering, including attempted and narcotics trafficking and two dozen convictions following the collapse of the St. Paul Croatian Federal Credit Union.
“Each of these people represents the best of federal law enforcement,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “They worked for months -- sometimes years -- to make Northern Ohio a safer place by bringing down a decade-old cycle of corruption or ensuring the elderly would receive proper healthcare or dismantling a violent street gang. They have taken on the hard challenges and succeeded in making our community better.”
“Each one of these well-deserving recipients went above and beyond to get the job done and serve our community,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “They were determined and dedicated to seeing justice prevail, and for that, we honor and thank them”
“The IRS, Criminal Investigation Chief's Investigative Excellence Award is presented in recognition and appreciation of the outstanding commitment and dedication to excellence by the multiple agencies in support of their investigative efforts relative to the Cuyahoga County corruption investigation. In addition, the multiple agencies who were involved in the St. Paul Croatian Federal Credit Union investigation were presented the Commendation Award for Excellence in support of their investigative efforts,” said Kathy A. Enstrom, Special Agent in Charge, IRS, Criminal Investigation, Cincinnati Field Office. “These investigations exemplify the outstanding partnership and cooperation.”
Cuyahoga County Corruption Investigation
The Cuyahoga County corruption investigation has resulted in more than 60 convictions, including the former County Commissioner, County Auditor and two Common Pleas Judges. The case uncovered several pay-to-play bribery schemes in which public officials awarded jobs, contracts and other favors in exchange for cash, trips and other gifts. Former County Commissioner Jimmy Dimora’s 28-year prison sentence is believed to be the longest sentence handed out for a public corruption conviction. The case was investigated by the Federal Bureau of Investigation and Internal Revenue Service.
Those being honored with the Attorney General’s Award for Distinguished Service are: Assistant United States Attorneys Antoinette T. Bacon, Henry DeBaggis, Nancy L. Kelley, Sharon L. Long, Robert J. Patton, Justin J. Roberts, Ann C. Rowland, Bernard A. Smith, FBI Special Agents Gregory D.L. Curtis, Melissa L. Fortunato, Raymond Michael Massie, Kirk P. Spielmaker, William M. Werner, Christine C. Oliver and IRS Special Agent Kelly D. Fatula.
Omnicare Settlement
Omnicare, Inc. paid a $50 million civil penalty to resolve claims that its various pharmacy facilities improperly dispensed controlled substances to patients at long-term care facilities across the country, such as routinely dispensing controlled substances to residents of long-term facilities without a prescription signed by a practitioner. The case was investigated by the Drug Enforcement Administration.
Receiving the Director’s Award for Superior Service by an Assistant United States Attorney – Civil and a DEA Commendation are Kent W. Penhallurick and Steven J. Paffilas. Receiving the United States Attorney’s Award for Distinguished Public Service is DEA Special Agent Scott Brinks.
LSP Gang Prosecution
Twenty-two people were convicted of racketeering and other crimes for their roles in a conspiracy in which the LSP street gang used violence, including drive-by shootings, to control territory and sell heroin, cocaine and other drugs in Youngstown. Gang leaders Derrick Johnson Jr. was sentenced to 65 years in prison and Daquann Hackett was sentenced to 37 years in prison. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Youngstown Police Department.
Receiving the Director’s Award for Superior Service by an Assistant United States Attorney – Criminal are Robert F. Corts and Daniel J. Riedl. Receiving the United States Attorney’s Award for Distinguished Public Service is ATF Special Agent John Smerglia.
St. Paul Croatian Federal Credit Union Investigation
When the St. Paul Croatian Federal Credit Union went into conservatorship and then forced liquidation in 2010, the resulting $170 million loss made it the largest credit-union failure in American history. The subsequent criminal investigation revealed a decade-long scheme in which the credit union’s Chief Financial Officer Anthony Raguz made more than 1,000 fraudulent loans and payments in return bribes, gifts and other kickbacks. More than two dozen people were convicted for their roles in the conspiracy, including Raguz (currently serving 14 years in federal prison) and Koljo Nikolovski (currently serving an 18-year prison sentence), a man who wired more than $2.3 million in ill-gotten money to Macedonia.
Those being honored with the IRS Commendation Award are Assistant U.S. Attorneys John D. Sammon (retired), Bridget M. Brennan, James Morford, Paralegal Specialist Daniel Nugent, IRS Special Agents Frank Brown and Rob Thatcher, FBI Special Agents Derek Kleinmann, Steve Sloan, and Mike West, FBI Forensic Accountant Leann Royal, Eastlake Detectives Ted Kroczak and Chris Bowersock, and FBI TFO John Ypsilantis.
FBI Director James Comey is scheduled to present the awards during a private ceremony in Cleveland on Nov. 25.Johnson County Man Convicted of Tampering with Federal WitnessRead the Press Release
KANSAS CITY, KAN. – A Johnson County man has been convicted of tampering with a witness in a federal criminal case, U.S. Attorney Barry Grissom said today.
A jury found Gary Sparks, 61, Edgerton, Kan., guilty of one count of tampering with a witness. During trial, prosecutors presented evidence that Sparks attempted to persuade his granddaughter to lie to investigators who were investigating his daughter, Stacy Ashley, on drug charges. Ashley pleaded guilty to one count of distributing Oxymorphone. In her plea, she admitted that on July 30, 2011, she distributed Oxymorphone to Joshua Auclair, who died from a drug overdose. Ashley is set for sentencing Dec. 10.
Sparks will be set for sentencing at a later date. She faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.
Grissom commended the Kansas Bureau of Investigation and Assistant U.S. Attorney Sheri McCracken for their work on the case.
James Leroy Daniel Baltierra and Kirk Von Felhaber 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 November 21, 2013, before U.S. District Judge Donald W. Molloy, JAMES LEROY DANIEL BALTERRA, age 31, and KIRK VON FELHABER, age 55, residents of McKinleyville, California, were sentenced.
BALTERRA received the following sentence:
- obation: 5 years - (1 year house arrest)
- ecial Assessment: $100
FELHABER received the following sentence:
- Ison: 6 months (house arrest)
- ecial Assessment: $100
- pervised Release: 3 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's source of supply was identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including his sources of supply in California.
Chartraw's first connection to a group of marijuana growers and distributors in California was FELHABER. FELHABER would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. FELHABER would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. Patrick McMullen, BALTIERRA, Gregory Harris, and Henry Combs had several grow operations in Californian and were one of the sources of supply for Chartraw through FELHABER. FELHABER was the primary contact for the group and Chartraw until FELHABER refused to provide Chartraw with a title for a vehicle he had sold him. FELHABER then took a lesser role in the distribution - he continued to participate - just in a lesser degree.
At that point McMullen, FELHABER's grandson, took over the organization of deliveries to Chartraw's organization. McMullen was business partners with BALTIERRA. McMullen and BALTIERRA continued to distribute to Chartraw until the Summer of 2010 when Chartraw was arrested in Billings.
Evidence would have proven that more than 100 kilograms of marijuana was possessed by the conspiracy with the intent to distribute.
Chartraw, Harris, McMullen, and Combs pled guilty to federal charges.
The investigation was conducted by the Federal Bureau of Investigation's Big Sky Safe Streets Task Force.
Inmate Sentenced for Assault at Pollock PrisonRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that Samuel Gonzalez, 34, of Luling, Texas, was sentenced Thursday by U.S. District Judge Dee D. Drell, to 110 months in prison and three years of supervised release for assaulting a fellow inmate, causing serious bodily injury. A federal jury found Gonzalez guilty on August 8, 2013 after a two-day trial.
Witness testimony and documents admitted into evidence at trial revealed that on September 6, 2011, at the U.S. Penitentiary in Pollock, La., Gonzalez was observed with another inmate on surveillance video assaulting a third inmate. The victim was repeatedly struck with an edged weapon resulting in nine lacerations to the upper torso and neck. The injured inmate survived and was taken to a local hospital.
The Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Seth D. Reeg prosecuted the case.Indictments Unsealed Charging Four Individuals Associated with Penn National Racetrack with FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the unsealing of indictments charging three thoroughbred horse trainers and an employee of Penn National Racetrack in Grantville with fraud in connection with horse races at that track. The indictments were returned by a federal grand jury in Harrisburg on Wednesday and were unsealed following arrests of four individuals earlier today.
According to United States Attorney Peter J. Smith, David Wells, 39, of Grantville, Sam Webb, 63, of Jonestown, Patricia Anne Rogers, 43, of Hummelstown, and Danny Robertson, 63, of Hershey, were charged individually in four separate indictments.
Wells, Webb and Rogers, all horse trainers, were charged with allegedly devising a scheme to defraud those betting on thoroughbred races at Penn National Racetrack by attempting to administer, and administering in violation of state racing rules and regulations, substances prohibited from being introduced into a horse within 24 hours of when the horse is scheduled to race.
The indictment also alleges that it is also a violation of state law to rig or attempt to rig a publicly exhibited contest such as a thoroughbred horse race. Races at Penn National Racetrack are simulcast to approximately 116 sites across the United States and in other countries by wire and television to allow bettors to wager on the Penn National races without being in attendance at that track.
According to the indictment, Robertson was employed by the track as the clocker to provide racing officials and others with the official workout times for horses at Penn National, information relied upon by the betting public. The trainers, like the owners, stand to profit financially from the purse offered for that race if the horse that is entered finishes in first, second or third place.
The indictment charging Webb alleges that Webb was detected by track security personnel on May 2, 2013, in a stall at the racetrack in possession of hypodermic syringes, needles and bottles of medications preparing to inject the horse “Papaleo” that Webb trained and which was scheduled to run in the sixth race that day. The horse was scratched from the race by racing officials.
The indictment charging Rogers alleges that Rogers was caught by track security personnel on August 21, 2013, at a stall at the racetrack in possession of hypodermic syringes and needles and bottles of medications and was observed injecting or attempting to inject a substance into a horse named “Strong Resolve” that she trained and that was scheduled to run in the second race that day. The horse was scratched from the race by racing officials. Rogers was also charged with conspiring with a person known to the grand jury to attempt to commit wire fraud.
The indictment charging Wells alleges that Wells, both a trainer and horse owner, for several years up to and including February 2012, would routinely inject prohibited substances into horses he trained and other horses he both trained and owned, by use of hypodermic syringes and needles and otherwise. It is also alleged that Wells was routinely in possession of those prohibited items at the racetrack in violation of state rules, regulations and laws.
The indictment charging Robertson alleges that Robertson was an employee of the racetrack, working in the capacity of clocker whose duties included being present when horses would have their official workout. Robertson was to verify that the horse being timed was the actual horse the trainer represented it to be, to accurately record the distance each horse ran, and the time it ran that distance in and then to provide that information to racing officials for inclusion in the official public daily racing program.
Robertson also allegedly sent the workout time information interstate by wire via computer to Equibase, a Kentucky based company that provides information on a racehorse’s past performance and workout times to media outlets and publications as well as on its own website. The workout time information is allegedly relied upon by the betting public in deciding which horses to wager on in any given race.
The Robertson indictment alleges that Robertson, in exchange for cash given to him by trainers known and unknown to the grand jury, would provide false workout times to racing officials and to Equibase. The times Robertson turned in allegedly, at times, included completely fabricated time for horses that did not workout at all at the track. The indictment alleges Robertson profited personally from the scheme, the betting public was defrauded and Robertson’s employer, Hollywood Casino and Racetrack, was denied of its right to Robertson’s honest services.
The investigation which is continuing is being conducted by the Harrisburg office of the FBI, the Commonwealth of Pennsylvania Department of Agriculture’s Horse Racing Commission, the Pennsylvania State Police, the Dauphin County District Attorney’s Office, and the U.S. Department of Agriculture.
Each defendant faces up to 20 years imprisonment and a $250,000.00 fine if convicted of wire fraud or attempted wire fraud. Each defendant faces an additional 5 years imprisonment and a $250,000.00 fine if convicted of using and attempting to use the intestate wire mechanism provided by the simulcasting of races to defraud or for attempting to defraud the public through the rigging of a publicly exhibited contest in violation of state law. Rogers faces an additional potential 20 year term of imprisonment and a $250,000.00 fine if convicted of the charge of conspiring to commit wire fraud.
Prosecution has been assigned to Assistant U.S. Attorney William A. Behe.
The case has been assigned to Senior U.S. District Court Judge William W. Caldwell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Illinois Man Pleads Guilty to Distribution of Child Pornography from Xbox StingRead the Press Release
Orlando, Florida– Acting United States Attorney A. Lee Bentley, III announces that Scott Anthony Estes (18, Illinois) today pleaded guilty to distribution of child pornography. He faces a mandatory minimum of 15 years’ imprisonment, up to a maximum penalty of up to 40 years in federal prison.
Estes was indicted on April 17, 2013.According to the plea agreement, Estes began contact with a ten year-old boy on Xbox live. Estes attempted to convince the child to engage in a sexual relationship and sought naked pictures of the child. The child then told his father about the conversation, and the father contacted law enforcement. Law enforcement began an undercover investigation and continued communication with Estes. Estes, believing that he was still talking to the child, sent videos depicting child pornography and images of Estes’ genitalia.
Estes was arrested by law enforcement on March 22, 2013. During an interview, Estes stated that he had met the child while playing a video game played on Xbox. Estes also admitted to sending a picture of his genitalia to the child, as well as child pornography videos, and that he had asked the child to send naked pictures of himself. Estes stated that he had also been in communication with a thirteen year-old boy in Texas and that he had met that child while playing Xbox as well.
Following Estes’ arrest, a search warrant was conducted on his e-mail address. An examination of his e-mail account showed that he distributed child pornography to numerous persons between July of 2012 and March of 2013. Among the images and videos of child pornography distributed, several included pornographic videos that Estes had produced himself, while sexually abusing at least two children. A forensic review of Estes’ cellular telephone showed that he possessed more than 1,200 images of child pornography, including images depicting infants being sexually abused. A majority of the images of child pornography depict children between the ages of three and eight.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Christopher LaForgia.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Illegal Alien in Court for Conspiring to Produce False IDRead the Press Release
Boston – A Dominican man was in court today for his alleged involvement in the identity theft and public corruption investigation related the Massachusetts Registry of Motor Vehicles.
Leonardo Burgos Espinal, 42, most recently residing in Springfield, has been charged by criminal complaint with bribing an employee of the Massachusetts Registry of Motor Vehicles in connection with a scheme to issue Massachusetts driver’s licenses to individuals who presented fraudulently obtained, but valid, Puerto Rican identification documents. It is alleged that this scheme took place between January 2011 and June 2012. This case is the most recent development in investigations involving identity theft and public corruption relating to the Massachusetts Registry of Motor Vehicles.
Burgos Espinal had his initial appearance today and remains in federal custody.
United States Attorney Carmen M. Ortiz; Bruce M. Foucart, Special Agent in Charge Homeland Security Investigations in Boston; Colonel Timothy P. Alben, Superintendent of the Massachusetts States Police; David W. Hall, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; and Cheryl Garcia, Acting Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, New York Regional Office, made the announcement today. The case is being prosecuted by Eugenia M. Carris of Ortiz’s Public Corruption Unit.
The details contained in the complaint are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Homestead Man Sentenced to 12 Years in Prison for Shooting at Munhall ClubRead the Press Release
PITTSBURGH – Edward Cook, 26, a Homestead resident, has been sentenced in federal court to 12 years of imprisonment after pleading guilty to violating federal firearms laws, United States Attorney David J. Hickton announced today. This term of imprisonment is to be followed by five years of federal supervised release. United States District Judge Cathy Bissoon imposed the sentence.
According to information presented to the court, on or about Aug. 12, 2012, in the Western District of Pennsylvania and elsewhere, Cook discharged a firearm in furtherance of a one kilogram or more heroin trafficking conspiracy. The shooting to which Cook pled guilty took place at Club Pink, a club in Munhall, Pa.
Assistant United States Attorney Eric S. Rosen prosecuted this case on behalf of the government. U.S. Attorney Hickton commended the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Pennsylvania Office of the Attorney General, City of Pittsburgh Bureau of Police, Pennsylvania State Police, Allegheny County Sheriff's Office, McKeesport Police Department, Munhall Police Department and the West Homestead Police Department for the investigation leading to the successful prosecution and sentencing of Edward Cook.
Gretna Men Sentenced for Conspiracy to Commit BriberyRead the Press Release
ZUHAIR HAMED, age 51, and JIHAD HATEM HAMAD, age 27, both residents of Gretna, Louisiana, were sentenced yesterday by U. S. District Judge Eldon E. Fallon on their guilty pleas to Conspiracy to Bribe an Agent of Local Government in Connection with a Program Receiving Federal Funds, announced U. S. Attorney Kenneth Allen Polite, Jr. ZUHAIR HAMED was sentenced to twenty months imprisonment followed by three years of supervised release, and a fine of $3,000. JIHAD HAMAD was sentenced to six months imprisonment followed by six months of home confinement, three years of supervised release, 50 hours of community service, and a $100 special assessment.
According to court documents, HAMAD was the owner and operator of a convenience store located in Harahan, Louisiana. HAMAD was seeking a permit allowing the sale of wine and hard liquor at his store. HAMED assisted in the efforts of JIHAD HAMAD to obtain the liquor permit. The police chief of the City of Harahan repeatedly stated that he would oppose the issuance of such permit because the convenience store was located within 300 feet of a church, a prohibited distance under Louisiana law and Harahan city ordinance.In March 2012, HAMAD told the police chief that his father was a wealthy man who would be willing to make a contribution to the police chief’s political campaign in exchange for approval of a permit to sell wine and hard liquor at the convenience store. The police chief stated that he thought he knew HAMAD’s father, who had owned a convenience store on Martin Luther King Boulevard in New Orleans. HAMAD agreed that HAMED, in fact, was his father. However, the two men were not related.
Consequently, the police chief considered the offer to provide him with campaign contributions in return for the liquor permit to be an attempt to bribe him. Therefore, the police chief reported the matter to the Federal Bureau of Investigation, which initiated an investigation of the matter.
HAMED then met several times with the police chief, discussed the liquor permit, and offered payments in cash, by blank money order, or by business checks to the police chief’s campaign. In May and June of 2012, HAMAD gave HAMED $3,000 to be used to make payments to the police chief. HAMED then paid the police chief a total of $3,000 in two payments, one in cash, and one by means of a check drawn on the account of a business related to HAMED’s family member, on which check the payee was blank. He also agreed to make additional payments to the police chief in the future.
The case was investigated by the Federal Bureau of Investigation and the U. S. Attorney’s Office. The case was prosecuted by Executive Assistant U. S. Attorney Eileen Gleason.
Georgia Emissions Inspectors Sentenced to Federal PrisonRead the Press Release
ATLANTA – Jerome Clarence Barnes, Jr. and Jared F. Walker have been sentenced in federal court for their roles in a scheme to fraudulently issue emissions certificates for cars that would have failed the emissions inspection required by law.
“Barnes sold his position as a licensed emissions inspector when he took payoffs to issue fake emissions certificates for cars that should have failed the test,” said United States Attorney Sally Quillian Yates. “Thanks to the diligent efforts of the federal EPA and state EPD criminal investigators, this case has put an end to Barnes’ fraudulent scheme and, as a result, removed a persistent threat to Atlanta’s air quality and public health.”
“Violators who submit false reports or incorrect data undermine EPA’s commitment to protect clean air for all Americans,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Georgia. “Unfortunately, this case was not an isolated incident; defendant Barnes has a history of this type of criminal behavior. Today’s sentencing demonstrates that those who try to save money by cutting corners will be held responsible for their crimes. EPA will continue working with its law enforcement partners to protect the public and the environment.”
“The vehicle emissions program is important to Georgia’s air quality. EPD works hard to make sure stations and inspectors are performing the tests correctly and complying with the law,” said Jud Turner, Director of Georgia’s Environmental Protection Division. “We appreciate DOJ, EPA and other law enforcement agencies working with us to investigate and prosecute Mr. Barnes and others like him who circumvent the program.”
According to United States Attorney Yates, the charges and other information presented in court: Barnes, 35, of Lithia Springs, Ga., was responsible for issuing over 4,000 fraudulent emissions certificates to car owners in Georgia from September 2011 to September 2012, falsely stating that the owners’ cars passed the required emissions test. Barnes worked with other individuals to open emissions inspection stations in their names that he would then use to issue fraudulent emissions certificates. Opening stations in others’ names helped conceal Barnes’ involvement in the fraudulent activity. He wanted to avoid detection because he previously owned two inspection stations that state authorities had shut down for fraud. When authorities would discover emissions fraud occurring at one of the inspection stations, Barnes continued the fraud at another station that was opened under the name of a different owner. During the scheme, Barnes used On Time Emissions in Fulton County, All Clean Emissions in Cobb County, BDH Emissions in Dekalb County, Elite Emissions in Fulton County, and Cleaner Atlanta Emissions in Cobb County, to conduct fraudulent emissions testing.
Walker, 35, of Austell, Ga., owned All Clean Emissions. He and co-defendants Ieka N. Jones, 33, of Winston, Ga., and Seretha Franklin, 36, of Villa Rica, Ga., were licensed emissions inspectors who worked with Barnes to issue passing emissions certificates to car owners whose cars would have otherwise failed the emissions test. Instead of connecting the owners’ real cars to the emissions equipment, the defendants connected different cars they knew would pass the test. During the tests, the computer system automatically transmitted emissions testing data to a statewide database accessible by the Georgia Environmental Protection Division. The defendants manually entered other information into the system, such as the make, model, and vehicle identification number, to make it appear that they were testing the owners’ real cars, many of which had already failed an emissions test or showed equipment malfunctions. The defendants charged $100 to $125 for a fraudulent emissions test, far more than the usual amount charged for a legitimate inspection. Georgia law prohibits inspection stations from charging more than $25 for an emissions test.
Barnes was sentenced by United States District Judge Timothy C. Batten, Sr. to four years and six months in federal prison and three years of supervised release. Walker was sentenced to six months in federal prison and one year of supervised release. On September 6, 2013, Barnes pleaded guilty to one count of conspiring to commit wire fraud by depriving the State of Georgia and its citizens of their right to his honest services as a licensed emissions inspector. That same day, Walker pleaded guilty to one count of violating the Clean Air Act. On September 30, 2013, Jones and Franklin each pleaded guilty to one count of violating the Clean Air Act. Sentencing for Jones and Franklin is scheduled for December 20, 2013, before Judge Batten.
The Clean Air Act is a federal law that authorizes the United States Environmental Protection Agency to establish air quality standards to protect public health and welfare and to regulate emissions of hazardous air pollutants. As required by the Act, the State of Georgia has established a vehicle emissions testing program that requires cars in several counties be inspected to ensure that their emissions do not exceed limits for hydrocarbons, nitrogen oxide, and other compounds. With certain exceptions, car owners must submit an emissions certificate to obtain their annual vehicle registration. The Clean Air Act prohibits making false statements in records, including emissions certificates and database records, that are required to be maintained by the Act.
This case was investigated by Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division, and the Georgia Department of Natural Resources, Environmental Protection Division.
Assistant United States Attorney Stephen H. McClain prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Ft. Thompson Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Ft. Thompson, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on November 20, 2013, by U.S. District Judge Roberto A. Lange.
Patrick Wind, a/k/a Patrick Azure, age 21, was sentenced to 13 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wind was indicted for the above charge by a federal grand jury on June 12, 2013, and he pled guilty on August 28, 2013.
The conviction stems from an incident on June 4, 2013, wherein a Bureau of Indian Affairs (BIA) officer was dispatched to a home in Lower Brule, responding to a report of a passed out male on the front porch of a residence. The officer made contact with the male, later identified as Wind. Wind was placed under arrest for public intoxication and Wind became noncompliant.
Once handcuffed, Wind lunged at the officer, kicking and swearing at the officer who attempted to put him in the car. Two additional BIA officers arrived on scene, and as one of them was attempting to put leg restraints on Wind, he continued to resist by spitting and kicking at the officers. Wind continued to resist the entire time.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Wind was immediately turned over to the custody of the U.S. Marshals Service.
Forty-Fifth Defendant in Operation Garlic Press SentencedRead the Press Release
SAN JOSE – Zanaida Perales, one of 45 defendants charged federally in Operation Garlic Press, a multi-agency law enforcement initiative that was conducted in Gilroy, California in October 2011, was sentenced yesterday in federal court, United States Attorney Melinda Haag announced.
The sentence was handed down by The Honorable D. Lowell Jensen, United States District Court Judge, in San Jose. Perales pleaded guilty on August 1, 2013, to using an interstate facility in furtherance of a drug felony, in violation of 21 U.S.C. Section 843(b). She was sentenced to 36 months in prison to be followed by one year of supervised release.
Another Garlic Press defendant, Adolpho Cornejo Vasquez, absconded after receiving pretrial release, and remains a fugitive. He is charged with conspiracy to distribute methamphetamine, and distribution of methamphetamine. A warrant has issued for his arrest in criminal case number CR 11-00658 LHK. Anyone with information on his whereabouts should contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) at (408) 882-5200 or the Gilroy Police Department at (408) 846-0300.
In March, 2010, the ATF began an undercover operation with the Gilroy Police Department and the California Highway Patrol. That operation targeted individuals, including gang members, who commit violent criminal acts. The investigation focused on individuals operating in the California counties of Santa Clara, Santa Cruz, Monterey and San Benito. Prosecutors from the United States Attorney’s Office and the Santa Clara District Attorney’s Office, working together, charged a total of 118 defendants. The federal operation’s primary objective was to target subjects who traffic in firearms and narcotics, primarily methamphetamine, while the state focused on vehicles that had been stolen or were the subject of insurance fraud. Among the items seized were 86 vehicles, 52 firearms (including several sawed off shotguns, stolen firearms, and firearms with obliterated serial numbers) and methamphetamine, much of which was extremely pure (some100%), with a street value of more than $100,000.
In addition to Perales, 44 other federal defendants in this case have been convicted and sentenced as detailed below. For reference, Title 21 offenses address distribution and/or possession with the intent to distribute controlled substances (in these cases methamphetamine); Title 18 and Title 26 offenses address illegal possession and/or sale of firearms.
- Arianna Baca pled guilty on July 26, 2012, to violations of 21 USC 841 and 846. Baca was sentenced November 1, 2012, to 78 months in prison, to be followed by 48 months of supervised release
- Izaeus Banda pled guilty on March 12, 2012, to a violation of 21 USC 841. Banda was sentenced on June 4, 2012, to 60 months in prison, to be followed by 60 months of supervised release.
- Scott Burns pled guilty on March 12, 2012, to violations of 18 USC 922(g)(1), 26 USC 5861, and 21 USC 841. Burns was sentenced on June 4, 2012, to 100 months in prison, to be followed by 60 months of supervised release.
- Frank Cardenas pled guilty on April 23, 2012, to violations of 18 USC 922(g)(1) and 21 USC 841. Cardenas was sentenced on July 9, 2012, to 60 months in prison to be followed by 60 months of supervised release.
- Arturo Cervantes pled guilty on April 2, 2012, to violations of 26 USC 5861 and 21 USC 841. Cervantes was sentenced on August 6, 2012, to 60 months in prison to be followed by 60 months of supervised release.
- Christina Chavez, pled guilty on Aug 6, 2012, to a violation of 21 USC 844(a). Chavez was sentenced on November 5, 2012, to 24 months in prison to be followed by 12 months of supervised release.
- Yvonne Chavez pled guilty on July 9, 2012, to violations of 21 USC 841 and 846. Chavez was sentenced on February 25, 2013, to 96 months in prison to be followed by 60 months of supervised release.
- Juan Chavez-Ornelas pled guilty on March 5, 2012, to violations of 21 USC 841 and 846, as well as 8 USC 1326. Chavez-Ornelas was sentenced on August 6, 2012 to 87 months in prison, to be followed by 60 months of supervised release.
- Rodolfo Contreras pled guilty on March 14, 2012, to a violation of 21 USC 841. Contreras was sentenced on May 30, 2012, to 60 months in prison, to be followed by 60 months of supervised release.
- Melissa Duarte pled guilty on July 19, 2012, to violations of 21 USC 841 and 846. Duarte was sentenced on February 14, 2013 to 74 months in prison, to be followed by 48 months of supervised release.
- Dagoberto Duran pled guilty on March 22, 2012, to violations of 21 USC 841 and 846. Duran was sentenced on August 9, 2012 to 72 months in prison, to be followed by 60 months of supervised release.
- Desiree Flores pled guilty on June 28, 2012, to violations of 21 USC 841 and 846. Flores was sentenced on November 15, 2012, to 60 months in prison, to be followed by 60 months of supervised release.
- Joshua Flores pled guilty on March 7, 2012, to violating 21 USC 841. He was sentenced on May 23, 2012, to 180 months in prison, to be followed by120 months of supervised release.
- Raymond Gallegos pled guilty on Oct. 1, 2012, to violations of 21 USC 841; and 846. He was sentenced on February 23, 2012, to 100 months in prison, to be followed by120 months of supervised release.
- Adrian Gamino pled guilty on Dec. 21, 2011, to violations of 21 USC 841 and 846. He was sentenced on March 7, 2012, to 240 months in prison, to be followed by120 months of supervised release.
- Lorenzo Garcia pled guilty on April 18, 2012, to violations of 21 USC 841 and 846. He was sentenced on June 5, 2013, to 120 months in prison, to be followed by 60 months of supervised release.
- Jose Gonzalez pled guilty on Aug. 29, 2012, to violations of 18 USC 922(g)(1) and 21 USC 841 and 846. He was sentenced on January 23, 2013, to 80 months in prison, to be followed by 48 months of supervised release.
- Miguel Gonzalez pled guilty on December 21, 2011, to violations of 21 USC 841 and 846. He was sentenced on March 7, 2012 to 240 months in prison, to be followed by 120 months of supervised release.
- Gustavo Hernandez pled guilty on May 14, 2012, to violations of 21 USC 841 and 846. He was sentenced on Sept. 10, 2012 to 60 months in prison, to be followed by 48 months of supervised release.
- Maria Hernandez pled guilty on October 31, 2012, to violations of 21 USC 841 and 846. She was sentenced on March 20, 2013, to 60 months in prison, to be followed by 48 months of supervised release.
- Simon Hernandez pled guilty on May 21, 2012, to violating 21 USC 841. He was sentenced on Aug 6, 2012, to 84 months in prison, to be followed by 120 months of supervised release.
- Frank Herrera pled guilty on April 2, 2012, to violations of 18 USC 922(g)(1) and 922(k). He was sentenced on June 18, 2012, to 57 months in prison, to be followed by 36 months of supervised release.
- Henry Jones pled guilty on March 5, 2012, to violations of 18 USC 922(g)(1) and 922(k). He was sentenced on May 21, 2012, to 57 months in prison, to be followed by 36 months of supervised release.
- Ricardo Landecho pled guilty on Dec. 3, 2012, to violations of 21 USC 841and 846. He was sentenced on April 18, 2013, to 100 months in prison, to be followed by 48 months of supervised release.
- Frank Machado pled guilty on Jan. 19, 2012, to violations of 21 USC 841 and 846. He was sentenced on March 22, 2012 to 60 months in prison, to be followed by 60 months of supervised release.
- Diana Mayoral pled guilty on May 10, 2012, to violations of 21 USC 841 and 846. She was sentenced on November 29, 2012 to 6 months in prison, to be followed by 48 months of supervised release.
- Rosa Martinez pled guilty of June 7, 2012, to violations of 21 USC 841 and 846. She was sentenced on November 15, 2012, to 70 months in prison, to be followed by 48 months of supervised release.
- Joshua Moore pled guilty on April 19, 2012, to violations of 21 USC 841 and 21 USC 846. He was sentenced on Nov. 29, 2012 to 60 months in prison, to be followed by 60 months of supervised release.
- Addel Montero pled guilty on June 18, 2012, to violating of 21 USC 841 and was sentenced on October 1, 2012, to 72 months in prison, to be followed by 48 months of supervised release.
- Hugo Mora pled guilty on July 11, 2012, to violating of 21 USC 841. He was sentenced on September 26, 2012, to 68 months in prison, to be followed by 48 months of supervised release.
- KC Pries pled guilty on March 12, 2012, to violations of 18 USC 922(g)(1) and 26 USC 5861. Pries was sentenced in June 4, 2012 to 63 months in prison, to be followed by 36 months of supervised release.
- Enrique Quintero pled guilty on July 9, 2012, to violations of 21 USC 841 and 846. He was sentenced on October 15, 2012, to 240 months in prison, to be followed by 120 months of supervised release.
- Rigoberto Ramirez pled guilty on July 16, 2012, to violations of 18 USC 922(g)(1) and 21 USC 841. He was sentenced on October 22, 2012 to 60 months in prison, to be followed by 120 months of supervised release.
- Robert Reddick pled guilty on Feb. 23, 2012, to violating 18 USC 922(g)(1). He was sentenced on June 7, 2012, to 9 months in prison, to be followed by 24 months of supervised release.
- Cala Remick pled guilty on July 12, 2012, to violations of 21 USC 841 and 846. She was sentenced on December 12, 2012, to 30 months in prison, to be followed by 36 months of supervised release.
- Everardo Robles pled guilty on February 16, 2012, to violations of 18 USC 922(g)(1) and 21 USC 846. He was sentenced on May 3, 2012, to 108 months in prison, to be followed by 120 months of supervised release.
- Jose Romero pled guilty on July 26, 2012, to violations of 18 USC 922(g)(1), 26 USC 5861(d) and 21 USC 841. He was sentenced on November 5, 2012, to 84 months in prison, to be followed by120 months of supervised release.
- Michael Ruelas pled guilty on April 18, 2012, to violations of 18 USC 922(g)(1) as well as 21 USC 841 and 846. He was sentenced on April 17, 2013, to 90 months in prison, to be followed by 48 months of supervised release.
- David Sainz pled guilty on July 26, 2012, to violations of 21 USC 841 and 846. He was sentenced on November 5, 2012, to 188 months in prison, to be followed by 60 months of supervised release.
- Jimmy Sandoval pled guilty on March 1, 2012, to violations of 21 USC 841 and 846. He was sentenced on May 31, 2012, to 70 months in prison, to be followed by 48 months of supervised release.
- Leonardo Silga pled guilty on March 19, 2012, to violations of 18 USC 922(g)(1) and 21 USC 846. He was sentenced on October 1, 2012, to 240 months in prison, to be followed by 120 months of supervised release.
- Lilia Valderrama pled guilty on December 21, 2012, to violations of 21 USC 841 and 846, and 18 USC 922(g)(1). She was sentenced on March 13, 2013, to 68 months in prison, to be followed by 48 months of supervised release.
- Paul Zabala pled guilty on March 29, 2012, to violations of 21 USC 841 and 846. He was sentenced on July 12, 2012, to 180 months in prison, to be followed by 120 months of supervised release.
- Ruben Macias Chavez convicted of 18 USC 922(g). He was sentenced on April 8, 2013, to 12 months in prison, to be followed by 3 years of supervised release.
Please note: Any sentence following conviction is 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.
Thomas O’Connell and Daniel Kaleba are the Assistant U.S. Attorneys who are prosecuting the cases with the assistance of Tracey Andersen and Nina Williams. The prosecution is the result of a one and one-half year investigation by ATF and the Gilroy Police Department.
In addition to the ATF and the Gilroy Police Department, the following agencies provided support to this investigation: the California Highway Patrol; Salinas Police Department; Morgan Hill Police Department; Monterey County Sheriff’s Office; auto theft task forces from Monterey County, Santa Cruz County and Santa Clara County; the National Insurance Crime Bureau; the Western States Information Network; the High Intensity Drug Trafficking Area task force; the United States Marshal’s Service; and U.S. Immigration and Customs Enforcement (ICE).
(Perales information )