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Wednesday 4 September 2013
98 Months for Two-Time Alien Smuggler Who Assaulted Border Patrol AgentRead the Press Release
LAREDO, Texas – Jose Alberto Izquierdo-Gonzalez, 28, an undocumented Mexican alien who had been living in Laredo, has been ordered to federal prison for assaulting Border Patrol agents and transporting aliens, announced United States Attorney Kenneth Magidson. Izquierdo-Gonzalez entered a plea of guilty March 28, 2013.
Today, Senior U.S. District Judge George P. Kazen sentenced him to a term of 98 months in federal prison. In handing down the sentence, Judge Kazen took note of the defendant’s prior convictions for alien transporting in 2009, entering illegally in the same year as well as damages to a Border Patrol (BP) unit he rammed while trying to elude apprehension. When asked why he had behaved so recklessly, Izquierdo-Gonzalez simply stated that he had gotten scared and panicked because he didn’t want to go to jail. Judge Kazen countered by reminding him that he had assaulted BP agents in 2008 and stated to the defendant that he “must have a bad reaction to these arrests…some people are just like that.” He then told Izquierdo-Gonzalez that he now takes “the big prize” by “smashing vehicles…having persons flopping around in the back of the truck” and hitting agents.
According to court records and testimony presented at this morning’s hearing, BP agents saw Izquierdo-Gonzalez loading persons onto his Ford F-250 truck on Jan. 8, 2013, near the Rancho Viejo Subdivision in Laredo. Upon seeing the agents, Izquierdo-Gonzalez sped away from the riverbanks with aliens in the cab and some in the bed of the truck. One alien who hung onto the truck’s rear bumper was dragged for some distance. After a short pursuit through a residential area involving the truck traveling on residential sidewalks and knocking down a stop sign, he eventually lost control and stopped, facing the agents’ vehicles.With persons still in the bed of the pickup truck, Izquierdo rammed the BP vehicles, injuring one of the agents. He then sped away until he lost control again and crashed into a nearby ditch. Miraculously, the persons in the bed managed to remain in the truck, but were treated for injuries at a local hospital. Izquierdo-Gonzalez was apprehended almost immediately by the agents after abandoning his truck and the passengers. Two of the passengers were identified as aliens illegally in the United States who said they had paid smugglers to get a ride from Izquierdo-Gonzalez.
Izquierdo-Gonzalez maintained not knowing there were persons in the bed of his truck, claiming he was giving a ride to his girlfriend, an undocumented alien who had just crossed from Mexico, and one other person whom he had just picked up.
The matter was investigated by the FBI and Homeland Security Investigations with the assistance of BP, Laredo Police Department and the Webb County Sheriff’s Department. Assistant United States Attorney Homero Ramirez prosecuted the case.
Tuesday 3 September 2013
“Dirty DUI” Cop Convicted of Extortion and Honest Services FraudRead the Press Release
Stephen Tanabe, a former deputy with the Contra Costa County Sheriff’s Office, was convicted today by a federal jury in San Francisco, United States Attorney Melinda Haag announced. The jury found Tanabe guilty of two counts of extortion under color of official right, in violation of 18 U.S.C. § 1951; three counts of wire fraud on a deprivation of honest services theory, in violation of 18 U.S.C. §§ 1343 and 1346; and one count of conspiracy to commit honest services fraud, in violation of 18 U.S.C. § 1349. Tanabe was acquitted on one extortion count.
According to evidence presented at trial, Tanabe conspired to and engaged in a scheme to take bribes in exchange for his services as a deputy sheriff, thereby depriving the people of Contra Costa County of their right to his honest services. Specifically, the evidence showed that Christopher Butler, a former Antioch Police Officer turned private investigator, was hired by wives and ex-wives engaged in divorce and child custody proceedings to arrange “stings” against their spouses, whom they told Butler had a propensity to drive under the influence of alcohol. Butler used “decoys” to entice the sting targets to bars in downtown Danville, where Tanabe was assigned to patrol, and encourage them to drink.
For one sting, Tanabe joined Butler in a bar while off-duty, watching two attractive young women working for Butler drink with a sting target. Evidence showed that, in exchange for a promise of cocaine, Tanabe notified an on-duty Deputy that the sting target was about to drive away, having been lured by the prospect of a hot tub with the two women. For two other stings, the evidence showed that Tanabe, then on-duty, waited outside the Vine Bar in Danville and then arrested the targets in exchange for a Glock handgun.
“This conviction confirms that Stephen Tanabe did not serve his community with honor or integrity, but instead set up unsuspecting citizens and abused the public trust,” said United States Attorney, Melinda Haag. “Law enforcement officers are hard-working, honorable men and women who work selflessly every day to keep us safe. Stephen Tanabe is the exception, and he does not deserve the badge he was wearing.”
The maximum statutory penalties for honest services wire fraud under 18 U.S.C. §§ 1343 and 1346, conspiracy to commit same under 18 U.S.C. § 1349, and extortion under color of official right under 18 U.S.C. § 1951, are 20 years imprisonment; $250,000 fine; and five years of supervised release. However, any sentence following this conviction will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Butler entered into a cooperation plea agreement with the government on May 7, 2012, and was sentenced on September 25, 2012, to 96 months in prison.
Tanabe, 50, was originally indicted on December 15, 2011. The Superseding Information on which he was tried filed June 12, 2013. Sentencing is scheduled for December 11, 2013, at 10:00 a.m., before U.S. District Judge Charles R. Breyer.
The U.S. Attorney specifically thanks Contra Costa County District Attorney Mark Peterson for his invaluable assistance and leadership into the investigation and prosecution of this case. The District Attorney and his office are vital partners in the federal efforts to address public safety in Contra Costa County.
Hartley M. K. West and Philip J. Kearney are the Assistant U.S. Attorneys who prosecuted the case with the assistance of Alycee Lane, Rosario Calderon, and Harriet Marmah. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation and the California Department of Justice.
Victoria Wallace Sentenced to 216 Months in Prison for Child Sex TraffickingRead the Press Release
Memphis, TN – Victoria Wallace, a/k/a “Prune the Goon,” 20, of Memphis, TN, was sentenced Friday to 216 months in federal prison for her role in a child sex trafficking conspiracy, announced U.S. Attorney Edward L. Stanton III.
At the sentencing hearing, Senior U.S. District Judge Jon Phipps McCalla heard testimony that Wallace was a high-ranking member of the Piru Street gang who used force and threats of force to control her victims. One of her juvenile victims testified that she saw Wallace drag a woman by her hair while beating her. That juvenile also identified threatening text messages that Wallace sent her during the investigation of the case.
The juvenile explained that Wallace drove her and three other minors to New Orleans for the purpose of having them prostitute. Wallace also put minors to work in prostitution in Memphis, according to the juvenile. The juvenile testified that Wallace kept the money her victims made and threatened them if they refused to work.
Wallace pled guilty on January 2, 2013, to a child sex trafficking conspiracy charge. There is no possibility of parole in the federal system.
“Wallace’s sentence of 18 years in federal prison should send an unequivocal message: if you sexually exploit a child for profit, you will be held accountable,” said United States Attorney Stanton. “Working with our law enforcement partners, we will remain relentless in doing whatever it takes to protect our most vulnerable citizens – our children – from those who engage in sex trafficking.”
This case was investigated by the Federal Bureau of Investigation working in conjunction with the Memphis Police Department. It was prosecuted by Assistant United States Attorney Jonathan Skrmetti and Trial Attorney Keith Becker from the U.S. Department of Justice Criminal Division’s Child Exploitation and Obscenity Section.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative of 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, PSC 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 PSC, please visit http://www.justice.gov/psc/ For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."Venice Man Sentenced to 30 Years for Possession of A Firearm by A Convicted FelonRead the Press Release
A Venice, Illinois, man was sentenced to a prison term in federal district court on August 30, 2013, for possession of a firearm by a convicted felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Jason White, 28, was sentenced to 360 months in prison, to be followed by 5 years of supervised release, a $100 special assessment, and a fine of $1000. This sentencing followed White’s trial in June, 2013, in which a jury found White guilty of Possession of a Firearm by a Convicted Felon. The sentencing judge also ordered forfeiture of the firearm and the ammunition contained therein.
“I applaud this lengthy and well-deserved sentence which should ensure that an armed career criminal will no longer be a menace to the law-abiding citizens of Southern Illinois.” said United States Attorney Wigginton.
The charge related to an incident that occurred on March 22, 2011, in Brooklyn, Illinois, after White was involved in a fist fight with another man outside the Peek-A-Boo Lounge. The victim never learned the reason for the fight, but after the fight, when the victim arrived at his girlfriend’s house in Brooklyn, White approached the victim with a .40 caliber Glock semi-automatic pistol and shot him in the abdomen. The bullet went through the victim’s abdomen, and grazed the leg of the victim’s girlfriend. The victim was treated and has survived.
The victim identified the shooter as “Li’l Herm,” a nickname the police were able to associate with White. Police were able to locate a spent .40 caliber bullet from the girlfriend’s living room floor and a spent .40 caliber casing on the girlfriend’s porch.
About ten days after the Brooklyn shooting, White’s parole officer received a call from a woman who reported that White was at a gas station near Highways 270 and 157. The parole officer alerted the U.S. Marshal’s Task Force, who investigated and ultimately arrested White. Information from a relative of White led to the recovery of the Glock .40 caliber pistol.
At trial, a ballistics expert from the Illinois State Police Crime Lab provided expert testimony indicating that the spent bullet found in the girlfriend’s living room, and the spent casing found on her porch, had both been fired from the gun that the officers found.
United States Attorney Wigginton noted that White was sentenced under the Armed Career Criminal statute which provides for a sentence of 15 years to life when a defendant who has been found guilty of Possession of a Firearm by a Felon also has at least three prior serious drug or gun felonies. White had such prior convictions. “White, who is now 28, has committed at least one crime every year of his adult life except at age 20, and between ages 25 and 26, when he was in prison. Seemingly White has told us that the only way to protect ourselves is to ensure that he remains in prison.” stated Unites States Attorney Wigginton.
The judge noted that White used the gun in a highly aggressive and violent manner. The judge also highlighted White’s past conduct, the conduct in this case, concern for the community, and concern for deterrence and protection as factors he considered in imposing the sentence.
The case was investigated by members of the Brooklyn Police, the U.S. Marshal’s Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Stephen B. Clark.
Two Mission Woman Sentenced for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, women convicted of Second Degree Burglary have been sentenced by U.S. District Judge Roberto A. Lange.
Makes Room For Them and Brown were immediately turned over to the custody of the U.S. Marshals Service.
Tara Makes Room For Them and Victoria Brown, both age 19, were sentenced on August 28 and 29, 2013, respectively, to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Each was also ordered to pay restitution in the amount of $3,341.99 to three separate burglary victims.
Both women were indicted by a federal grand jury in February of 2013, and pled guilty on June 13, 2013.
The conviction stems from incidents that took place on January 16, 2013, when Makes Room For Them, Brown and one other person burglarized three homes on the Rosebud Reservation and took property that did not belong to them. The remaining co-defendant will be sentenced in September.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The cases were prosecuted by Assistant U.S. Attorney Tim Maher.Two Men SentencedFor Defrauding Social SecurityRead the Press Release
WICHITA, KAN. B Two men have been sentenced in separate federal cases for Social Security fraud, U.S. Attorney Barry Grissom said Monday.
The men, L. T. Baker, 54, Wichita, Kan., and Paul David Lieder, 40, Hillsboro, Kan., each had pleaded guilty to making false statements to the Social Security Administration in order to receive disability payments to which they were not entitled. Both were sentenced Monday in U.S. District Court in Wichita.Baker was sentenced to one year in federal prison and was ordered to repay the Social Security Administration $66,354 -- benefits he received while claiming to be disabled. Baker had been gainfully employed since 2000 but used a second Social Security account number that had been issued to him in a slightly different name so that the Social Security Administration would not know he was employed. Baker's fraud came to light when the Kansas Department of Revenue discovered there were two Social Security numbers associated with Baker and reported that information to the Social Security Administration Office of Inspector General, which investigated both cases.
Grissom praised the Social Security Administration's Office of Inspector General for its investigation of the cases and Assistant U.S. Attorney Brent Anderson for his prosecution.
Lieder was sentenced to three years of probation and ordered to repay $24,000 to the Social Security Administration. He admitted using his father's Social Security number so that he could work without the Social Security Administration finding out. When Lieder's father applied for Social Security benefits, the Social Security Administration detected that Lieder had been using his father's number to defraud the disability program.Two Forsyth City Councilmen Plead Guilty to Accepting BribesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that two former Councilmen of the City of Forsyth, Georgia, James Edward Calloway and Desi Surtane Hansford, pled guilty in United States District Court in Macon, Georgia, to one count each of accepting bribes in connection with the performance of their official duties. Each man faces a maximum sentence of up to ten years imprisonment and a fine of up to $250,000.
Facts stipulated in the written plea agreements of the two men show the following:
Mr. Calloway had been a Councilman for twenty-two years and Mr. Hansford for five. Both served on the Combined Utilities Committee of the Council, which oversees electric, water, sewer and telecommunications for the City of Forsyth.
On December 27, 2012, Mr. Calloway solicited a bribe from a water and waste treatment company of $20,000 to guarantee the votes to give it the water waste contract for the City. That company immediately notified the Federal Bureau of Investigation (FBI) of the solicitation and cooperated fully and actively with that agency throughout the investigation, which revealed that at least in part Mr. Calloway’s motive in soliciting the payment was to help Councilman Hansford rescue his home from foreclosure.
A representative of the water and waste treatment company, cooperating with the FBI, met with the two councilmen on January 18, 2013, at a truck stop off I-75 in Jackson, Georgia, and paid them $10,000 in currency provided by the FBI while secretly recording the meeting per FBI instructions. Mr. Calloway assured the company representative that the company would recover the amount of the bribe through a future project on which the company would be employed. Following this meeting and payment Mr. Calloway and Mr. Hansford split the money equally.
A second $10,000 payment was delivered to Mr. Calloway one week later, January 25, 2013, under similar circumstances to the first, after which he was immediately arrested and subsequently confessed. He also admitted receiving two Falcons playoff tickets from the company, which he and Mr. Hansford shared.
Mr. Calloway then cooperated with the government and participated in paying an additional $5000 (half of the second $10,000 payment) to Mr. Hansford, who was then also arrested.
“The oath of public office is a sacred thing, and those who choose to seek public office should know that they must not betray the public’s trust. Bribes have no place in government contracting, and my office will use our resources to ensure that a few instances of corruption are not allowed to erode the public’s ability to trust the representatives they elect. I want to acknowledge the good work of the FBI and also thank the company officials who reported this criminal activity, choosing to put law and order over profit,” said U.S. Attorney Michael Moore.
Sentencing of the two men will take place in approximately sixty days.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Sonja Profit.
Inquiries regarding the case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney's Office at (478) 621-2602.
Two Charged in Visa Fraud ConspiracyRead the Press Release
HOUSTON – Two Houston women have been arrested following the return of an indictment alleging conspiracy to commit visa fraud, United States Attorney Kenneth Magidson announced today. Monica Castro, 38, and Blessilda Lagron, 54, were arrested this morning without incident, while Lagron surrendered to federal authorities this afternoon.
The sealed indictment was returned Aug. 21, 2013, and unsealed today as they were taken into custody. They both made their initial appearances before U.S. Magistrate Judge Mary Milloy, at which time, the court ordered both women released upon posting bond.
Castro and Lagrone are charged in a one-count indictment with conspiring to commit visa fraud. The indictment alleges that from September 2009 and continuing through March 2013, Lagrone, with Castro’s assistance, operated a Houston-based company known as IPC Group Inc., which marketed itself as staffing company. Lagrone and Castro allegedly located alien workers from the Philippines and procured H-1B visas on their behalf.
H1-B visas are a category of non-immigrant visa allowing U.S. employers to hire alien workers for specialty occupations. H-1B visa petitioners must certify the correct address where the alien worker will be employed and commit to paying the alien during their employment in the U.S., as well as swear as to the accuracy of statements made in the application.
According to the indictment, IPC Group solicited various alien workers concerning future employment. Lagrone and Castro allegedly filled out the H-1B visa application and the required Labor Condition Application Form. In those forms, they claimed the alien worker would be employed either at the IPC Group address or a Texas hospital (without that hospitals permission), knowing the alien worker would not actually be employed at either address. According to the indictment, the workers were then falsely told that employment was available upon their arrival into the U.S. with an H-1B visa. Once the alien worker arrived to the U.S. on the Visa, Lagrone and Castro allegedly “benched” these alien workers for several months without pay. When actual employment was arranged, Lagrone and Castro backdated checks to preserve the appearance of employment from time of entry into the U.S., according to the allegations.
The maximum penalty, upon conviction, for conspiring to commit visa fraud is five years imprisonment and a fine of $250,000.
The investigation leading to the charges was conducted by agents with the U.S. Department of State, Diplomatic Security Service and Homeland Security Investigations. Assistant United States Attorney Celia Moyer and Special Assistant United States Attorney Daniel Menes are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Arrested in the River Region for Stealing Credit and Debit Card Numbers from Restaurant PatronsRead the Press Release
Montgomery, Alabama - Andre Willis, age 35, of Montgomery, Alabama and Kenmore Strother, age 26, of Prattville, Alabama were arrested for their involvement in a conspiracy to fraudulently use credit and debit card numbers announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. Andre Willis and Kemore Strother’s arrests came after a federal grand jury indicted them on various charges, including conspiracy, access device fraud, and aggravated identity theft.
According to the indictment, Kenmore Stother was employed at Olive Garden in Prattville. Andre Willis gave Strother a credit card skimming device which is designed to read and store credit and debit account numbers from cards that are swiped through the machine. Stother used the skimming device to swipe credit and debit card numbers of Olive Garden customers and then gave the device to back Willis who used some of the account numbers to purchase items at area businesses.
An indictment merely alleges that crimes have been committed and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, each of the Defendants face a maximum potential sentence of 5 years in prison for the conspiracy charge, 10 years for an access device fraud charge, and a mandatory two-year sentence for the aggravated identity theft charge. Additionally, Strother faces a potential sentence of 15 years on a second access device fraud charge. Willis and Strother will also be subject to fines and mandatory restitution if convicted.
This case was investigated by special agents of the United States Secret Service as well as the Prattville Police Department. Assistant United States Attorney Kevin Davidson is prosecuting the case.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Topeka Man Sentenced for Bank RobberyRead the Press Release
TOPEKA, KAN. -- Topeka man has been sentenced to 78 months for bank robbery, U.S. Attorney Barry Grissom said today.
Robert Eugene Gibson, 27, Topeka, Kan., pleaded guilty to one count of bank robbery. Gibson admitted that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka. Officers of the Topeka Police Department arrested Gibson at a gas station eight blocks from the bank shortly after the robbery.Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Topeka Man Pleads Guilty to Possessing Pipe BombRead the Press Release
TOPEKA, KAN. -- A Topeka man has pleaded guilty to possessing a pipe bomb, U.S. Attorney Barry Grissom said today.
Kyle C. Roe, 29, Topeka, Kan., pleaded guilty to one count of receiving and possessing a pipe bomb. In his plea, he admitted that on Nov. 13, 2012, officers of the Topeka Police Department stopped a car in which he was a passenger. Roe was arrested on an active felony warrant. He told officers that he had a bomb in his pocket. An examination showed the device to consist of metal tubing, PVC pipe, a cardboard tube, pyrotechnic fuse, paper and lead end plugs and smokeless powder. Explosion of the device would propel fragments of the tubes and end plugs in all directions at velocities that could cause serious injury or death to anyone near the explosion.
Co-defendant Joseph E. Rogers, who was the driver of the car, is set for trial Nov. 13. He is charged with making the bomb.
Roe is set for sentencing Nov. 26. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Three Gang Members Sentenced in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. B Three members of a Dodge City street gang have been sentenced in a federal racketeering case, U.S. Attorney Barry Grissom said today.
Enrique Gobin, 24, Dodge City,was sentenced to 10 years.
Angel Cerda, 27, Dodge City, Kan., was sentenced to 78 months.
Jesus Torres, 29, Dodge City, Kan., was sentenced to 36 monthsGobin pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. In his plea, he admitted that on March 30, 2011, he was involved in the attempted murder of a Sureno gang member. On the day of the crime, Gobin was with two fellow members of the Diablos Viejos gang -- Jesus Sanchez and Andrew Gusman -- and an LCC gang member named Alfonso Banda-Hernandez. All four of them were affiliated with the Nortenos street gang. At the east Love’s convenience store in Dodge City they encountered George Gonzalez, who was a known member of the rival Sureno gang. The two sides exchanged gang signs and slurs.
The Nortenos left the store and divided themselves into two cars. Gobin and Sanchez were in one car, with Gobin driving. They returned to the area of the store and pursued a car in which Gonzalez was riding. Near 1602 6th Ave., Gonzalez got out of his car and ran up an alley toward his girlfriend's residence. Sanchez fired at least two shots from a .40 caliber handgun at Gonzalez without hitting him.
Later, when officers of the Dodge City Police Department conducted a search of Gobin’s home, they found the gun used to shoot at Gonzalez.
Angel Cerda pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. He admitted he was involved in an Oct. 4, 2008, incident in which two people were shot. In his plea, Angel Cerda admitted he was a Diablos Viejos (DV) gang member associated with the Norteno street gang when he accompanied two co-defendants in an attack at the home of a member of the rival Sureno gang. On Oct. 4, 2008, Cerda and two co-defendants gathered in a barn behind a house at 10770 Kettle Way near Dodge City, which was a hangout for the gang. Later that day, Cerda and the two co-defendants drove to the home of Abel Hernandez, a known Sureno gang member, and Rumalda Hipolito. Outside the home, Hernandez’s brother and others were drinking beer. One of the Nortenos began harassing them and shouting Norteno slogans. After someone threw a beer bottle at the Nortenos’ car, Cerda and the two co-defendants drove away.
Cerda and his associates obtained a firearm, an SKS or AK-47 style weapon, and returned to Hernandez's house, parking in an alley half a block away. They approached the house on foot where co-defendant Gonzalo Ramirez discharged multiple rounds from the firearm. The gunshots hit the house, striking Abel Hernandez and Rumalda Hipolito. Hipolito suffered a gunshot wound to the arm. Hernandez suffered a gunshot wound to the leg. Investigators found 19 bullet holes in the house and recovered 20 shell casings at the scene. After the shooting, Cerda and the two co-defendants returned to the house on Kettle Way, where they hid the car in the barn. Dodge City police arrested Cerda there.
Jesus Torres pleaded guilty to one count of aiding and abetting assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, he admitted he was a member of the Diablos Viejos on Aug. 27, 2011, when he urged his Norteno associates to join him in an assault on a group of people he mistakenly believed were members of the Surenos, a rival gang. The assault took place at 703 E. 9th Avenue in Dodge City. During the fight, two people were stabbed, Gabriel Rivera and Carlos Ramirez. Rivera's injuries were life-threatening, requiring a life-flight to a Wichita hospital.
The defendants were among 23 Norteno members to be indicted by a federal grand jury in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.
Three Area Men Plead Guilty to Charges in Series of Violent RobberiesGroup Targeted Victims in Adams Morgan and Near Metro Stations, Sold Stolen Phones to Eco-ATM Machines for ProfitRead the Press Release
WASHINGTON – Three men, all from the Washington D.C. area, pled guilty today to charges stemming from multiple robberies and other crimes committed earlier this year in a series of attacks on city streets and at a Metro station, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The defendants admitted actively participating in a group that committed crimes in the Adams Morgan, L’Enfant Plaza, and Stadium Armory areas. Since at least Jan. 1, 2013, the group’s members canvassed the areas looking for targets of opportunity and teamed up to rob their victims. Members went out in groups of two or more and looked for potential victims who might have expensive cell phones, such as iPhone5s, or other property of value. The men would then work together as a team to steal the property. When they encountered resistance, the men assaulted the victims until someone in the group escaped with the property. The defendants sold stolen phones for a profit, on the street or to an Eco-ATM machine, and split the proceeds.
The guilty pleas took place in the Superior Court of the District of Columbia. The Honorable Stuart G. Nash scheduled sentencing for Nov. 7, 2013. All three defendants remain in custody pending sentencing.
Those pleading guilty included Anthony J. Doggett, 20, of Suitland, Md.; Desean Floyd, 19, of Oxon Hill, Md., and Dominique C. Jones, 20, of Washington, D.C.
Doggett pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, unauthorized use of a vehicle, and contempt. Floyd pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, and attempted perjury. Jones pled guilty to one count each of conspiracy, robbery, possession of a firearm during a crime of violence, and attempted robbery.
As part of their plea agreements, the defendants admitted participating in various crimes, including these incidents:
-Jan. 20, 2013: Robbery in the 1400 Block of Pennsylvania Avenue SE
Jones admitted to taking part in the robbery of a woman during the late morning hours in the 1400 block of Pennsylvania Avenue SE. As the victim was about to get into her car, Jones and another individual approached and cornered her. They then demanded that she give them her purse and her car keys. The woman did so against her will, and Jones and the other individual then fled with her property. About a week later, Doggett and another individual returned to the area with the woman’s stolen car keys and stole her car.
Jones pled guilty to attempted robbery and Doggett pled guilty to unauthorized use of a vehicle for their roles in these crimes.
-Feb. 3, 2013: Robbery in the 1300 Block of Q Street NW
Doggett and Floyd admitted to taking part in the robbery of a man in the 1300 Block of Q Street NW. As the victim was walking down the street, Doggett, Floyd and another individual decided to rob him. The defendants approached the victim and began to assault him, causing him to fall to the ground. When the victim attempted to defend himself, the defendants repeatedly punched him in his head and body. They then took the victim’s iPhone and wallet and fled the scene. Doggett sold the stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. The defendants split the proceeds from the sale of the stolen phone.
Doggett and Floyd each pled guilty to robbery for their roles in this crime.
-Feb. 5, 2013: Armed Robbery at 19th Street and Constitution Avenue NE
Doggett, Floyd, and Jones admitted to taking part in crimes related to the armed robberies of multiple victims at 19th Street and Constitution Avenue NE. Jones and another individual went out into the street with a gun at about 8 p.m. and began to look for targets they could rob. They observed a young couple walking down the street. Jones and the other individual held the young couple at gunpoint, ordering them to get down on their knees and to surrender their property. A third victim was walking down the street and walked into this armed robbery-in-progress. Jones and the other individual robbed the third victim at gunpoint as well. Jones and the other individual then fled the scene with the property of the three victims.
Jones and the other individual went to a nearby abandoned house, where they met Doggett and Floyd. Jones told Doggett and Floyd that they had just committed an armed robbery. Doggett and Floyd then began to help Jones and the other individual “wipe” the stolen phones, meaning that they cleared the personal settings on the phones and set the phones back to factory settings. Doggett and Floyd also served as look-outs to see whether the police were following them. Doggett and Floyd did this in order to prevent the arrest of Jones and the other individual and ensure that the police would be unable to track the stolen property.
Jones pled guilty to robbery and possession of a firearm during a crime of violence, and Doggett and Floyd each pled guilty to accessory after the fact to armed robbery for their roles in these crimes.
-Feb. 10, 2013: Robbery at L’Enfant Plaza Metro Station
Doggett and Floyd admitted to taking part in an early-morning robbery at L’Enfant Plaza Metro Station, located at 600 Maryland Avenue SW. The men saw the victim, who was on the platform waiting for the Metro and looking at his iPhone, which he held in his hand. The men decided to steal the phone from the victim. One of the men snatched the phone out of the victim’s hands, while others intentionally got in his way. When the victim attempted to follow them, a third individual began to punch him. Doggett later sold the victim’s stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. Doggett, Floyd and the third individual split the proceeds from the sale of the stolen phone.
Doggett and Floyd pled guilty to attempted robbery for their role in this crime.
-Feb. 10, 2013: Contempt of Court
Doggett was under court order to observe a 24-hour home confinement on Feb. 10, 2013. On that same date, he intentionally left his home to commit the above robbery at L’Enfant Plaza, and then traveled to Virginia to sell the stolen phone to an Eco-ATM machine. Doggett pled guilty to contempt of court for his role in this crime.
-March 14, 2013: Perjury
Floyd testified before a grand jury of the Superior Court of the District of Columbia on March 14, 2013. He took an oath that he would testify truthfully. Floyd willfully and knowingly testified about matters which were not true and which he knew or believed to be false, including that he denied knowing about particular crimes in which he was involved and denied knowing one of his co-conspirators. Floyd pled guilty to attempted perjury for his role in this crime.
In announcing the guilty pleas, U.S. Attorney Machen and Chief Lanier commended the work of the officers, detectives and crime scene technicians who worked on the case for the MPD. They also expressed appreciation for the efforts of the Metro Transit Police Department, which assisted in the investigation. Finally, they praised the work of those who are handling the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Clare Pozos, who is prosecuting the matter.
13-302Three Area Men Plead Guilty to Charges in Series of Violent RobberiesGroup Targeted Victims in Adams Morgan and Near Metro Stations, Sold Stolen Phones to Eco-ATM Machines for ProfitRead the Press Release
WASHINGTON – Three men, all from the Washington D.C. area, pled guilty today to charges stemming from multiple robberies and other crimes committed earlier this year in a series of attacks on city streets and at a Metro station, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The defendants admitted actively participating in a group that committed crimes in the Adams Morgan, L’Enfant Plaza, and Stadium Armory areas. Since at least Jan. 1, 2013, the group’s members canvassed the areas looking for targets of opportunity and teamed up to rob their victims. Members went out in groups of two or more and looked for potential victims who might have expensive cell phones, such as iPhone5s, or other property of value. The men would then work together as a team to steal the property. When they encountered resistance, the men assaulted the victims until someone in the group escaped with the property. The defendants sold stolen phones for a profit, on the street or to an Eco-ATM machine, and split the proceeds.
The guilty pleas took place in the Superior Court of the District of Columbia. The Honorable Stuart G. Nash scheduled sentencing for Nov. 7, 2013. All three defendants remain in custody pending sentencing.
Those pleading guilty included Anthony J. Doggett, 20, of Suitland, Md.; Desean Floyd, 19, of Oxon Hill, Md., and Dominique C. Jones, 20, of Washington, D.C.
Doggett pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, unauthorized use of a vehicle, and contempt. Floyd pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, and attempted perjury. Jones pled guilty to one count each of conspiracy, robbery, possession of a firearm during a crime of violence, and attempted robbery.
As part of their plea agreements, the defendants admitted participating in various crimes, including these incidents:
-Jan. 20, 2013: Robbery in the 1400 Block of Pennsylvania Avenue SE
Jones admitted to taking part in the robbery of a woman during the late morning hours in the 1400 block of Pennsylvania Avenue SE. As the victim was about to get into her car, Jones and another individual approached and cornered her. They then demanded that she give them her purse and her car keys. The woman did so against her will, and Jones and the other individual then fled with her property. About a week later, Doggett and another individual returned to the area with the woman’s stolen car keys and stole her car.
Jones pled guilty to attempted robbery and Doggett pled guilty to unauthorized use of a vehicle for their roles in these crimes.
-Feb. 3, 2013: Robbery in the 1300 Block of Q Street NW
Doggett and Floyd admitted to taking part in the robbery of a man in the 1300 Block of Q Street NW. As the victim was walking down the street, Doggett, Floyd and another individual decided to rob him. The defendants approached the victim and began to assault him, causing him to fall to the ground. When the victim attempted to defend himself, the defendants repeatedly punched him in his head and body. They then took the victim’s iPhone and wallet and fled the scene. Doggett sold the stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. The defendants split the proceeds from the sale of the stolen phone.
Doggett and Floyd each pled guilty to robbery for their roles in this crime.
-Feb. 5, 2013: Armed Robbery at 19th Street and Constitution Avenue NE
Doggett, Floyd, and Jones admitted to taking part in crimes related to the armed robberies of multiple victims at 19th Street and Constitution Avenue NE. Jones and another individual went out into the street with a gun at about 8 p.m. and began to look for targets they could rob. They observed a young couple walking down the street. Jones and the other individual held the young couple at gunpoint, ordering them to get down on their knees and to surrender their property. A third victim was walking down the street and walked into this armed robbery-in-progress. Jones and the other individual robbed the third victim at gunpoint as well. Jones and the other individual then fled the scene with the property of the three victims.
Jones and the other individual went to a nearby abandoned house, where they met Doggett and Floyd. Jones told Doggett and Floyd that they had just committed an armed robbery. Doggett and Floyd then began to help Jones and the other individual “wipe” the stolen phones, meaning that they cleared the personal settings on the phones and set the phones back to factory settings. Doggett and Floyd also served as look-outs to see whether the police were following them. Doggett and Floyd did this in order to prevent the arrest of Jones and the other individual and ensure that the police would be unable to track the stolen property.
Jones pled guilty to robbery and possession of a firearm during a crime of violence, and Doggett and Floyd each pled guilty to accessory after the fact to armed robbery for their roles in these crimes.
-Feb. 10, 2013: Robbery at L’Enfant Plaza Metro Station
Doggett and Floyd admitted to taking part in an early-morning robbery at L’Enfant Plaza Metro Station, located at 600 Maryland Avenue SW. The men saw the victim, who was on the platform waiting for the Metro and looking at his iPhone, which he held in his hand. The men decided to steal the phone from the victim. One of the men snatched the phone out of the victim’s hands, while others intentionally got in his way. When the victim attempted to follow them, a third individual began to punch him. Doggett later sold the victim’s stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. Doggett, Floyd and the third individual split the proceeds from the sale of the stolen phone.
Doggett and Floyd pled guilty to attempted robbery for their role in this crime.
-Feb. 10, 2013: Contempt of Court
Doggett was under court order to observe a 24-hour home confinement on Feb. 10, 2013. On that same date, he intentionally left his home to commit the above robbery at L’Enfant Plaza, and then traveled to Virginia to sell the stolen phone to an Eco-ATM machine. Doggett pled guilty to contempt of court for his role in this crime.
-March 14, 2013: Perjury
Floyd testified before a grand jury of the Superior Court of the District of Columbia on March 14, 2013. He took an oath that he would testify truthfully. Floyd willfully and knowingly testified about matters which were not true and which he knew or believed to be false, including that he denied knowing about particular crimes in which he was involved and denied knowing one of his co-conspirators. Floyd pled guilty to attempted perjury for his role in this crime.
In announcing the guilty pleas, U.S. Attorney Machen and Chief Lanier commended the work of the officers, detectives and crime scene technicians who worked on the case for the MPD. They also expressed appreciation for the efforts of the Metro Transit Police Department, which assisted in the investigation. Finally, they praised the work of those who are handling the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Clare Pozos, who is prosecuting the matter.
13-302Sioux Falls Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man, formerly of Hot Springs, Arkansas, was sentenced on August 29, 2013, by U.S. District Court Judge Karen E. Schreier for Failure to Pay Child Support.
Jacob H. Lehnherr, age 39, was sentenced to five years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $32,890.88.
Lehnherr was indicted for failing to pay over $29,682.00 in past due child support by a federal grand jury on August 14, 2012. He was previously ordered by the Second Judicial Circuit Court, Minnehaha County, South Dakota, to pay $346.67 per month for his minor child, commencing May 1, 2001. Some sporadic payments were made, but at the time of his indictment he had past due child support totaling $29,682.22. Lehnherr pled guilty to the charge on June 10, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
The defendant was released from custody.Pharmacy Robber Sentenced to 38 Years in PrisonRead the Press Release
Jacksonville, Florida - U.S. District Judge Marcia Morales Howard today sentenced John Martin Spaulding (22, Jacksonville) to 38 years in federal prison for two counts of armed robbery and two counts of discharging a firearm during a crime of violence. He pleaded guilty on April 24, 2013.
According to court documents, Spaulding robbed the Walgreens on Normandy Boulevard, in Jacksonville, on June 13, 2012. During the robbery, Spaulding fired a 9mm pistol into the ceiling. No one was injured and Spaulding escaped with approximately $144.
On July 18, 2012, Spaulding and an accomplice attempted to rob the Walgreens on Park Street. Spaulding demanded money and prescription drugs from an employee. The employee told Spaulding that the pharmacy was closed. Spaulding then fired multiple shots into a door as he tried unsuccessfully to break into the pharmacy department. Officers from the Jacksonville Sheriff's Office responded to the scene and arrested Spaulding and his accomplice. No one was injured in the attempted robbery. Officers also recovered a Hi-Point 9mm pistol that Spaulding used in both robberies.
This case was investigated by the Jacksonville Sheriff's Office Robbery Unit and the FBI. It was prosecuted by Assistant United States Attorney Frank Talbot.
Parkville Woman Sentenced to 15 Years in Prison for Conspiring to Produce Child PornographyRead the Press Release
Co-Conspirator Previously Sentenced to 27 Years in Prison
Baltimore Maryland - U.S. District Judge James K. Bredar sentenced Margaret Ellen Jones, age 38, of Parkville, Maryland, today to 15 years in prison, followed by 15 years of supervised release, for conspiring to produce child pornography. Judge Bredar ordered that upon her release from prison, Jones must register as a sex offender in the place where she resides, where she is an employee, and where she is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief James W. Johnson of the Baltimore County Police Department.
According to her plea agreement, prior to March 2010, Jones met John Blaes online and became involved in a sexual relationship involving bondage, discipline, sadism and masochism (BDSM). Jones subsequently moved into Blaes’ home in Parkville. Blaes used the internet to recruit other women and girls into the BDSM lifestyle as well.
On July 5, 2011, Blaes solicited a 15 year old girl to engage in sexual conduct with him and Jones. Blaes and Jones, knowing that the victim was a vulnerable minor, sent pornographic pictures of themselves to the victim by computer.On July 22, 2011, Blaes and Jones traveled to the victim’s home in North Carolina to bring her to live with them in Parkville. After picking the victim up, Blaes and Jones sexually abused the victim in the back of their vehicle. The next day, Blaes and Jones rented a hotel room in North Carolina to engage in sexually explicit conduct with the victim. Blaes and Jones used a camera to document the sexual abuse of the victim, including sadistic and masochistic conduct, in the van and the hotel.
From July 22 to November 20, 2011, Blaes and Jones engaged in sex with the victim many times a week. Blaes also cut the victim and held lemons to her injuries. The victim was instructed to call Blaes “master” or “sir,” and to call Jones “mistress.” Blaes and Jones referred to the victim as their “slave.” Blaes and Jones instructed the victim to keep the sexual conduct and her age a secret and the victim was kept in their residence or in their control at all times and was not enrolled in school.
Blaes and Jones used a camera and cell phones to document their sexual abuse of the victim and to photograph her in sexually explicit poses. Blaes distributed the sexually explicit images of the victim online to recruit other individuals into his BDSM lifestyle with Jones.
John Andrew Blaes, age 50, also of Parkville, Maryland, previously pleaded guilty to the conspiracy and to transporting a minor to engage in sexually explicit conduct. Blaes was sentenced to 27 years in prison followed by a lifetime of supervised release.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.United States Attorney Rod J. Rosenstein commended the FBI, HSI Baltimore and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Rachel M. Yasser and Judson T. Mihok, who prosecuted the case.
Newport News Man Pleads to Robbery of Shell StationRead the Press Release
NEWPORT NEWS, Va. – Prince J. Bell, 27, of Newport News, Va., pleaded guilty today to robbery and possession of a firearm related to the robbery of a Shell Gas Station in Newport News.
Neil H. MacBride, U. S. Attorney for the Eastern District of Virginia, Royce E. Curtin, Special Agent in Charge of the FBI’s Norfolk Field Office, and Interim Newport News Police Chief Joe Moore made the announcement after the plea was accepted by United States District Raymond A. Jackson.
Bell was charged in a criminal complaint on March 8, 2013, with robbery and later indicted, on April 10, 2013, with robbery and brandishing a firearm in furtherance of a crime of violence. Bell faces a maximum penalty of 20 years in prison on the robbery charge and a mandatory minimum sentence of seven years on the firearm charge when he is sentenced on December 4, 2013.
In a statement of facts filed during the plea hearing, Bell admitted to robbing the Shell Gas Station located at 4900 Jefferson Avenue in Newport News on January 6, 2013. During the robbery Bell brandished and pointed a firearm at a store employee and demanded money.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Newport News Police Department Safe Streets Task Force. Assistant United States Attorneys Howard J. Zlotnick and Robert E. Bradenham, II are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Mission Woman Sentenced on Burglary ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman convicted of Second Degree Burglary was sentenced on August 29, 2013, by U.S. District Judge Roberto A. Lange.
Victoria Brown, age 19, was sentenced to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. She was also ordered to pay restitution in the amount of $3,341.99 to 3 separate burglary victims.
Brown was indicted by a federal grand jury in February of 2013. She pled guilty to Count I of the Indictment on June 13, 2013.
The conviction stems from incidents that took place on January 16, 2013, when Brown and two others burglarized three homes on the Rosebud Reservation and took property that did not belong to them. Two other co-defendants have also been convicted and sentenced on burglary charges.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Brown was immediately turned over to the custody of the U.S. Marshals Service.Michigan Resident Convicted of Obstructing SEC InvestigationRead the Press Release
SAN FRANCISCO – A federal jury convicted Karim Iskander Bayyouk today of obstruction of justice, United States Attorney Melinda Haag announced.
The jury found that on or about May 31, 2007, Bayyouk obstructed and impeded an investigation by the Securities and Exchange Commission (“SEC”) into securities fraud and insider trading relating to Biosite Incorporated securities. The guilty verdict followed a five-day jury trial before the Honorable Edward M. Chen, U.S. District Court Judge.
The indictment stems from an insider trading scheme first charged in 2009 against Maher Fayez Kara, of San Carlos, Calif., a former investment banker at Citigroup Global Markets Inc. in New York, and Maher Kara’s brother, Mounir Fayez Kara, also known as Michael F. Kara, of Walnut Creek, Calif.
Evidence at trial showed that on or about March 23, 2007, Bayyouk purchased approximately $100,000 in Biosite call options. Two days later, on March 25, 2007, Biosite announced it was merging with another company. After the merger announcement, Bayyouk sold the options and realized a profit of approximately $947,922. On or about May 31, 2007, attorneys from the SEC’s Division of Enforcement in San Francisco, Calif., conducted a telephone interview of Bayyouk as part of an insider trading investigation. During the interview, Bayyouk falsely stated, among other things, that he did not speak to anyone before investing in Biosite, that no one suggested Biosite to him, and that he did not suggest Biosite to his brother, who also traded Biosite call options on March 23, 2007. Evidence showed that the defendant traded in Biosite based on a tip from an individual who was tipped by Michael Kara, who had received inside information from his brother, Maher Kara.
“Fairness is fundamental to our financial markets and critical to everyday investors,” said U.S. Attorney Melinda Haag. “Karim Bayyouk benefited from an insider trading scheme and made approximately $1 million based on information only available to a select few insiders. This verdict should send a strong message to those who might be tempted to obstruct efforts to insure a level playing field for all investors.”
Bayyouk, 49 of Livonia, Michigan, was indicted by a federal grand jury on May 29, 2012. He was charged with one count of obstructing proceedings before the SEC, in violation of 18 U.S.C. § 1505. Bayyouk is currently released on bond.
Bayyouk’s sentencing hearing is scheduled for January 15, 2014, at 2:30 p.m. before Judge Chen in San Francisco. The maximum statutory penalty for a violation of 18 U.S.C. § 1505 is five years in prison and a fine of $250,000. Maher and Michael Kara each pleaded guilty in July 2011 to one count of conspiracy, in violation of 18 U.S.C. § 371, and one count of securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff. They are awaiting sentencing. Any sentence ordered in these cases will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Adam A. Reeves and Robert S. Leach are the Assistant U.S. Attorneys prosecuting the case with the assistance of Maryam Beros, Rayneisha Booth, and Patricia Mahoney. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation with substantial assistance from the Division of Enforcement of the SEC’s San Francisco Regional Office.
Miami-Dade Man Charged in $13 Million Stolen Identity Tax Refund Scheme Involving Fraudulent Florida Lottery ClaimsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ronald Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), announce the indictment of Orlando Cairo, Jr., of Miami, on filing fraudulent income tax returns with the IRS and claiming refunds based on fraudulently claimed income and withholding paid by the State of Florida, Department of the Lottery (“Florida Lottery”). Defendant Cairo had his initial appearance today in federal court in West Palm Beach before U.S. Magistrate Judge James M. Hopkins at 10:00 a.m.
The indictment charges Cairo with one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, eight counts of wire fraud, in violation of Title 18, United States Code, Section 1343, seven counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A, three counts of alteration of a treasury check, in violation of Title 18, United States Code, Section 471, and one count of destruction of records, in violation of Title 18, United States Code, Section 1519.
According to the previously filed complaint and the indictment, Cairo obtained the means of identification of individuals, including their names, dates of birth, and social security numbers. He used these identifications to electronically file IRS income tax returns which claimed fraudulent gambling winnings from and withholdings by the Florida Lottery. From January 2012 through July 12, 2012, Cairo filed and caused to be filed with the IRS approximately 624 fraudulent tax returns seeking refunds of over $13,000,000.
In addition, the indictment alleges that Cairo altered three United States Treasury tax refund checks in the amounts of $412.90, $25.70, and $406.99, to increase the amounts of the checks to $88,412.90, $88,525.70, and $88,406.99, respectively.
If convicted, Cairo faces a possible maximum statutory sentence of 20 years in prison for each count of conspiracy to commit wire fraud, wire fraud, altering a treasury check, and destruction of records, and two years consecutive in prison for each count of aggravated identity theft.
Mr. Ferrer thanked IRS-CI and USPIS for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Bertha R. Mitrani and Department of Justice Trial Attorney Jed Silversmith.
An indictment is only an accusation and the defendant is presumed innocent until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Pleads Guilty to Drug Conspiracy and Money LaunderingRead the Press Release
On August 30, 2013, Jesus Esquivel-Cervantes, a/k/a “Gordo,” a/k/a “Pandita,” 33, a citizen of Mexico, who most recently resided in St. Louis, Missouri, pled guilty to Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and a Money Laundering Conspiracy, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. Sentencing has been set for December 20, 2013. Penalties that can be imposed at that time are 10 years to life in prison, a fine of up to $10,000,000, not less than 5 years of supervised release, and a $100 special assessment on both the Conspiracy to Distribute Methamphetamine and the Distribution of Methamphetamine charges. For the Money Laundering Conspiracy, Esquivel-Cervantes faces up to 20 years in prison, a fine up to $500,000, up to 3 years of supervised release, and a $100 special assessment.
The drug conspiracy took place from August 2010 through May 2012, and involved selling cocaine and methamphetamine in the Granite City, Illinois, area. The money laundering conspiracy took place from January 2012 through May 2012, and involved a system of wire transfers to collect and disguise drug proceeds.
Evidence in support of the indictment in this case was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Participating agencies include the Internal Revenue Service - Criminal Investigations, Drug Enforcement Administration (DEA), the U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations (ICE HSI), U.S. Marshal Service, the Granite City Police Department, and the Metropolitan Enforcement Group of Southwestern Illinois. This case is assigned to Assistant United States Attorney Donald S. Boyce for prosecution.
Member of the Violent "Harlem Boys" Drug Gang Sentenced to Life in PrisonRead the Press Release
PHILADELPHIA – Ramel Moten, 29, of Philadelphia, was sentenced today to life plus 130 years in prison for racketeering, attempted murder in-aid-of-racketeering and other charges connected to the activities of a violent drug gang called the “Harlem Boys.” Moten and six other members of the gang, which operated in and around the Bartram Village Housing Development (“BVHD”) in Southwest Philadelphia, were convicted at trial on December 6, 2012. The 13 other defendants charged in the 89-count indictment and one additional charged separately pleaded guilty. Moten was a lead gunman, supplier and distributor of illegal narcotics for the enterprise. He frequently provided firearms to the other members of the gang for use in robberies. The gang committed crimes including attempted murder in aid of racketeering, robbery, carjacking, assault in aid of racketeering, threats in aid of racketeering, firearms offenses that include use of firearms during the commission of violent crimes and numerous substantive drug crimes, including conspiracy to distribute 280 grams or more of cocaine base. The trial lasted 12 weeks.
Convicted at trial with Moten were: Reginald Stephens, Bryan Hill, Warren Stokes, Hikeem Torrence, Merrell Hobbs, and Khalil Allen. Each faces a mandatory minimum prison term of 10 years with a maximum of life when sentenced.
“The sentence imposed today sends a very clear message to gang members in our city that if you engage in violent behavior you will be investigated, prosecuted, and put behind bars for a very long time. ATF has a zero-tolerance policy towards career criminals who continually inflict senseless acts of violence in our neighborhoods,” said ATF Special Agent-in-Charge Sam Rabadi. “Communities, like Bartram Village, can have an improved quality of life when violent predators are removed from our streets.”
In addition to the prison term, U.S. District Court Judge Lawrence Stengel ordered a $5,000 fine, a $3,100 special assessment and 10 years of supervised release.
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 Attorneys Salvatore L. Astolfi and Katayoun Copeland.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Manhattan U.S. Attorney Announces the Appointment of Chief Public Information OfficerRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, today announced the appointment of James M. Margolin as the Office’s Chief Public Information Officer.
Mr. Margolin comes to the Office from the Federal Bureau of Investigation (“FBI”), where he has been a Public Information Officer for the New York field office since 1996. During his tenure with the FBI Public Information Office, Mr. Margolin handled a broad range of media matters related to FBI cases, including the investigations and prosecutions related to the 1998 al Qaeda bombings of American embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania; the 2001 al Qaeda attacks on the World Trade Center towers; the Martha Stewart-Imclone securities fraud investigation; the investigation and prosecution of former NYPD commissioner Bernard Kerik; the investigation and prosecution of Bernard L. Madoff and others; and the “Operation Perfect Hedge” investigations and prosecutions of insider trading, including the prosecutions of Raj Rajaratnam, Rajat Gupta and others. He further oversaw FBI media operations related to the investigations and prosecutions of attempted Times Square bomber Faisal Shahzad, former New York State Senator Carl Kruger, and three individuals charged with critical roles in creating and distributing the Gozi Virus, among many other cases. From 1988 to 1996, Mr. Margolin also served as a Special Agent in the Organized Crime Branch of the New York FBI office, where he investigated Asian gangs and La Cosa Nostra for extortion, racketeering, and murder.
Prior to joining the FBI, Mr. Margolin worked as an Assistant Vice President and Counsel at First Fidelity Bank, in Newark, NJ, from 1987 to 1988, and an Associate at Hawkins, Delafield & Wood, in New York, New York, from 1981 to 1987. He is a 1978 cum laude graduate of Dartmouth College, and a 1981 graduate of the Columbia University School of Law.
In making the appointment, Manhattan U.S. Attorney Preet Bharara said: “Jim has been a great representative of the FBI and a great partner to this Office for many years. He is admired and respected by law enforcement and by journalists with whom he deals on a daily basis, for his professionalism, integrity and candor. We are thrilled that he is joining us and will be leading our Public Information Office and the terrific people in it.”
Additionally, Manhattan U.S. Attorney Preet Bharara announced the appointment of Jerika Richardson, a Public Affairs Specialist, as the Office’s Senior Public Affairs Officer & Director of New Media. Ms. Richardson has served in the Public Information Office as a Public Affairs Specialist since 2011. Prior to coming to the Office, Ms. Richardson worked at ABC News, in New York, NY, from 2007 to 2011, where she covered law and justice, financial, and breaking news as a Field Producer and Off-Air Reporter. Some of her more notable stories include the 2011 Tucson Shooting, the Bernard Madoff Case, and the Gulf Oil Spill. Ms. Richardson also served as a producer for the network during the 2010 midterm and 2008 general elections. She is a 2003 cum laude graduate of Spelman College, and a 2007 graduate of the University of Michigan Law School.
In making the appointment, Manhattan U.S. Attorney Preet Bharara said: “Jerika has been a tremendous resource in the Public Information Office, and in addition to enjoying a great reputation among journalists, she has been a driving force in the Office’s efforts to enhance its outreach to the public through new media.”
Man Sentenced in False Tax Refund SchemeRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a Minnesota man was sentenced for being part of a conspiracy to file false tax returns to generate inflated refunds. United States District Judge Joan N. Ericksen sentenced Solomon Frank-Sawari to 27 months in federal prison on one count of conspiracy to defraud the United States. Frank-Sawari was indicted on January 15, 2013, and pleaded guilty on March 26, 2013.
In his plea agreement, Frank-Sawari admitted to obstructing the Internal Revenue Service (“IRS”) and the State of Minnesota in their lawful collection of income taxes by falsifying hundreds of tax returns. The tax loss due to the conspiracy was estimated at between $80,000 and $200,000.
From 2007 through 2009, Frank-Sawari conspired with his two co-conspirators and others to prepare fraudulent tax returns for customers of his tax preparation services, Merit Tax Service of Robbinsdale and Capitol Income Tax of Minneapolis. Frank-Sawari admitted that the returns included false income and fraudulent dependent information, among other things. The returns generated inflated refunds for his customers and fraudulent fees and other payments for himself and others. He also admitted instructing customers to sign false income declarations and other paperwork to substantiate the false tax refund claims.
According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns, with these paid preparers now collectively responsible for more than 80 million individual tax returns annually. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer, visit http://www.irs.gov/uac/Tips-for-Choosing-a-Tax-Return-Preparer.
This case was investigated by the IRS-Criminal Investigations with assistance from the Minnesota Department of Revenue. It was prosecuted by Assistant U.S. Attorney William J. Otteson.
Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.Judge Sentences Federal Inmate to an Extra Year in Prison for Possessing HeroinRead the Press Release
JOHNSTOWN, Pa. - United States Attorney David J. Hickton announced today that an inmate at the Federal Correctional Institution at Loretto, Pa., pleaded guilty in federal court to a charge of possession of heroin in prison. He was then sentenced to twelve months plus one day consecutive to the 351 months sentence he is currently serving for conspiracy to commit robbery, attempt to commit robbery, and use of a firearm during and in relation to criminal violence.
United States District Judge Kim R. Gibson imposed the sentence on Carlos Alberto Prieto, 48.
In connection with the guilty plea, on Mar. 19, 2013, Prieto was in possession of heroin.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Federal Correctional Institution, Special Investigative Staff, for the investigation leading to the successful prosecution of Prieto.
Jacksonville Man Sentenced to Five Years in Federal Prison for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida -United States District Judge Marcia Morales Howard today sentenced John Carver Lester (61, Jacksonville) to five years in federal prison for receiving child pornography over the Internet. Lester was also ordered to serve an 8-year term of supervised release, forfeit five computers, and register as a sex offender. He pleaded guilty on April 25, 2013, and has been in the custody of the United States Marshals Service since his arrest on December 20, 2012.
According to court documents, an agent with the Federal Bureau of Investigation, in Jacksonville, began an investigation to identify individuals that had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer in the Jacksonville area was hosting images of child pornography using a file sharing program. The agent made a connection to this computer and downloaded several video files. Each of the videos depicted young children engaged in sexually explicit conduct. Further investigation revealed that the IP address resolved back to Lester’s Jacksonville residence.
According to court documents, on December 10, 2012, FBI agents and other law enforcement officers executed a federal search warrant at Lester’s residence and seized, among other things, five computers and several hundred compact disks.
During an interview with law enforcement, Lester stated that he had been downloading child pornography for approximately five years and had developed a curiosity for it. Lester also stated that he was worried about possibly wanting to touch a child. A subsequent forensic analysis of the computers used by Lester revealed that they contained a total of 261 videos and 844 images depicting child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.
Four Plead Guilty in Mortgage Fraud CaseRead the Press Release
WICHITA, KAN. -- Four people in Wichita have pleaded guilty in a mortgage fraud case, U.S. Attorney Barry Grissom said today.
Christopher Ginyard, 27, Wichita, pleaded guilty to one count of wire fraud.
Henry Pearson, Jr., 28, Wichita, pleaded guilty to one count of bank fraud.
Janice Young, 26, Wichita, pleaded guilty to one count of wire fraud. Henry Pearson, Sr., Wichita, pleaded guilty to one count of wire fraud.In their pleas, the four defendants said they were recruited to make home purchases by co-defendant Manjur Alam, who prepared loan applications in which the defendants made false statements to lenders.
Young admitted making false statements that she was employed and had consistent rental history. In fact, she had no job and no rental history. She also falsely stated that she intended to live in the property she was buying. In fact, she intended it to be rental property. Based on the false statements, Flagstar Bank made a wire payment of $76,299.50 to Lawyer's Title escrow account for the purchase of 2431 Lulu in Wichita.
Henry Pearson, Sr., made a false statement that he would live in the property he was buying. In fact, he rented it to a third party. Based on the false statements, Lehman Brothers Bank wired $138,330.55 to Lawyer's Title escrow for the purchase of 8431 Hildreth in Wichita.
Henry Pearson, Jr., submitted a false verification of rent and a false letter of credit and made a false statement that he intended to live in the property at 1510 N. Market in Wichita. When the home was eventually foreclosed on, the bank suffered a loss of $56,000.
Christopher Ginyard falsely identified two employments in his loan application and made a false statement that he intended to live in the property at 2050 Santa Fe in Wichita. Based on the false statements, First Tennessee Bank made a payment of $72,865.75 to Kansas Secured Title's escrow account.
Sentencing is set for Nov. 25. Each defendant faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the Department of Housing and Urban Development - OIG, the Federal Housing Finance Agency, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.
Four Charged in Connection with Logan Arson InvestigationRead the Press Release
Defendants allegedly conspired to set blaze to Logan office building; collected more than $1 million in insurance proceeds
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that an indictment was unsealed today charging four people in connection with a Logan County arson investigation. A 36-count indictment was unsealed today, charging James Gregory Glick, Guy R. Miller, Shawn C. Simon and William Jamey Thompson with conspiracy to commit arson, conspiracy to commit mail and wire fraud. Glick, 44, of Logan, was also charged with obstruction of justice, unlawful monetary transactions, and structuring in connection with the alleged scheme.
The indictment was unsealed today following the arrest of Mr. Glick. According to the indictment, in November 2011, Glick allegedly arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds. In late December 2011, the building was purchased by a known person for $45,000 prior to the alleged scheme. That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.
During the alleged scheme, Mr. Glick then paid co-defendant William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $75,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme. On the night of February 1, 2012, the indictment alleges that Guy R. Miller, 39, of Logan, co-defendant Shawn C. Simon, 41, of Charleston, and another person worked together to set the fire. Miller, Simon, and another person set the fire by allegedly spreading gasoline throughout the main floor.
In addition, Thompson was charged with submitting a false and fraudulent property loss insurance claim on behalf of Mr. Glick to General Star, allowing Glick to collect more than $1 million in insurance proceeds, the indictment alleges.Also during the alleged scheme, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions. It is also alleged that Mr. Glick structured more than $170,000 in monies from accounts at LB&T during the conspiracy. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
The West Virginia State Police and the IRS are conducting the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.
An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Click here to view a copy of the indictment
Fort Yates Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 3, 2013, Steven Whiteman Jr., 43, Fort Yates, N.D., pleaded guilty in U.S. District Court to a charge of abusive sexual contact.
Whiteman admitted using force to engage in sexual contact with a woman on Nov. 4, 2011, in the Fort Yates area.
The charge of abusive sexual contact carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Standing Rock Agency and the Standing Rock Police Department.
Sentencing for Whiteman has been scheduled for Nov. 18, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Fort Thompson Man Pleads Guilty to Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Patrick B. Wind, a/k/a Patrick Azure, age 21, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 28, 2013, and pled guilty to Count II of the Indictment that charged him with Assaulting, Resisting and Impeding a Federal Officer.
The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident on June 4, 2013, wherein a Bureau of Indian Affairs (BIA) officer was dispatched to a home in Lower Brule for 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 unsteady, speech slurred and had a strong odor of alcohol. The officer unsuccessfully attempted to communicate with Wind, and placed him under arrest for public intoxication.
Once handcuffed, Wind became noncompliant and lunged at the officer, kicking and swearing at the officer who attempted to put Wind in the car. The officer called for backup and deployed his pepper spray, which had no effect on Wind, saying he was “ready for more.”
Two additional BIA officers arrived on scene. 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 yell profanities and resist on the ride to the jail and had to be carried into the jail by three officers.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Wind was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 20, 2013.Former United States Attorney Retires After 46 Year CareerRead the Press Release
LEXINGTON, KY - A former U.S. Attorney, who successfully prosecuted cases involving coal mine officials, insurance executives, doctors, sheriffs, and mayors in eastern Kentucky, Texas and Idaho over a 46 year career, retired from the U.S. Attorney’s office in the Eastern District of Kentucky (USAO-EDKY).
Patrick Molloy, 74, began as an Assistant U.S. Attorney for the USAO-EDKY in 1967 and served as U.S. Attorney from 1977 to 1981. During that time, the office prosecuted several sheriffs for extortion and mail fraud. Molloy was the Commonwealth’s Attorney in Fayette County from 1972 to1977 and he briefly served as interim U.S. Attorney in Idaho in 1993. Molloy was an Assistant U.S. Attorney in Houston, Texas for approximately five years and also was engaged in the private practice of law for a few years.
Molloy educated authorities in several eastern European countries on ways to improve their judicial system. On these international trips, he and others encouraged authorities to develop money laundering laws and create methods for law enforcement to legally seize assets obtained by criminals through unlawful means.
“When I started out we basically had three types of cases in eastern Kentucky – moonshine, property theft, and social security fraud,” said Molloy. “The types of cases we prosecute today are much more complicated. The most rewarding part of the job was getting to learn about a variety of professions through the cases I had. I will miss the people I worked with.”
“Pat’s career stands as a shining example of everything public service should be,” said U.S. Attorney Kerry B. Harvey. “He has made enormous contributions to his community and his nation. Simply put, our communities are better places because of the skill, dedication and unwavering commitment to the cause of justice that he has brought to every case he has touched over a stellar career. Although he leaves us for a well-earned retirement, his example remains for those who continue the work.”
Some of Molloy’s prominent cases include:
• U.S. vs. Manalapan - Mine Safety Violations
In 2013, a Harlan County coal company and several officials pleaded guilty to violating mandatory mine safety standards. The Court imposed a $150,000 fine on Manalapan Mining Company, Inc., which represents the largest criminal fine for a coal company in the EDKY dating back at least two decades.
• U.S. vs. Parker – Civil Rights
In 1983, Molloy prosecuted a water boarding case that occurred on U.S. soil. The defendants, a rural Texas Sheriff and three others, were convicted of torturing suspects in a fashion similar to water boarding. Some of these suspects were arrested on false pretenses.
• U.S. vs. Madon – Vote Buying
Former Pineville, Ky., Mayor Bob Madon and his son, Brent Madon, pleaded guilty in 2009 to a conspiracy to buy votes in a mayoral election.
• U.S. vs. Kelco – Fraud
In March 2003, a viatical company in Lexington, its CEO, president and vice president were convicted of a conspiracy to sell fraudulent life insurance policies. The company executives paid terminally ill people to lie about their health on life insurance applications in order to obtain a policy. The defendants then sold the policies to unsuspecting third parties.
• U.S. vs. Singleton – Pill Mill
Earlier this year, Molloy served as a co-counsel in a case in which a pain clinic owner was convicted of operating pill mills in Georgetown and Dry Ridge. The doctors at these clinics unlawfully distributed pills to thousands of Kentucky patients.
• U.S. vs. Hollingsworth – Civil Rights
In 2010, a deputy jailer in Carter County, Ky., was convicted of sexually abusing female inmates in violation of their civil rights.
Former New Mexico Probation Officer Pleads Guilty to Sexual Assault and False Statements ChargesRead the Press Release
ALBUQUERQUE – Gordon Chavez, 35, a former probation officer with the New Mexico Department of Corrections Division of Probation and Parole, pleaded guilty today in federal court in Albuquerque, N.M., to charges related to the sexual assault of a probationer whom he supervised. Chavez pleaded guilty to one count of violating the victim’s right to bodily integrity when he touched her against her will. Chavez also pleaded guilty to one count of making material false statements to the FBI when he denied both inappropriately touching females whom he supervised and asking for naked photos of them.
According to court documents, Chavez, a long-time probation officer, engaged in escalating sexually inappropriate behavior toward the victim, a woman under his supervision since May 2012. As part of probation and parole, the victim was required to attend mandatory meetings at Chavez’s office. During one of those meetings on Nov. 26, 2012, Chavez fondled the victim’s breast through and underneath her shirt without the victim’s consent. Chavez was later captured on a recording apologizing for his actions.
During that same Nov. 26, 2012, meeting with the victim, Chavez also instructed the victim to bring revealing photos of herself on her cellular phone to the next office visit scheduled for Nov. 30, 2012. When the victim brought clothed photos of herself, Chavez specifically asked her to bring naked photos. That conversation was also captured on a recording.
On Dec. 4, 2012, FBI agents conducted a recorded interview of Chavez during which he denied inappropriately touching any female under his supervision. He also denied asking any female under his supervision for naked photographs.
During the plea hearing, Chavez acknowledged that his actions toward the victim were wrong and against the law. Chavez further admitted that he lied to the FBI when he was interviewed about his conduct toward females whom he supervised.
As part of the plea agreement, in addition to a prison sentence, Chavez will forfeit his law enforcement certification. A sentencing hearing has not yet been set.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the Department of Justice.
Former Madison Art Gallery Owner Pleads GuiltyRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the Federal Bureau of Investigation, announced that DAVID J. CRESPO, 59, of Guilford, pleaded guilty today before Senior U.S. District Judge Ellen Bree Burns in New Haven to one count of mail fraud stemming from his sale of fraudulent artwork. CRESPO was an art dealer who conducted business under the name Brandon Gallery in Madison.
In August 2012, CRESPO was charged in a 12-count indictment alleging that he defrauded his customers by falsely representing that artwork he sold were original pieces by Pablo Picasso and original signed lithographs by Marc Chagall. CRESPO pleaded guilty to Count 12 of the indictment, which relates to the fraudulent sale of an imitation Marc Chagall lithograph.
According to court documents and statements made in court, Marc Chagall is widely considered to be among the greatest and most influential artists of the 20th Century, and original lithographs of his work can be of substantial valuable. An original lithograph is an authorized reproduction of a piece of artwork, map, or text that has been created using a distinctive printing process. They may be signed by the artist or author and, depending on their condition, can be of substantial value. Unlike other reproduction techniques that rely on the negative image being etched or raised on the print, lithography uses a smooth surface, typically, stone tablets or a metal plate, to transfer the image.
CRESPO obtained reproductions of original Chagall lithographs, but represented to potential customers that they were, in fact, original lithographs that had been produced through an artistic lithographic method, and under the direction and authority of Marc Chagall.
In January 2010, CRESPO met with an undercover FBI agent at Brandon Gallery. During the course of the conversation with the undercover agent, which was recorded, CRESPO held himself out to be an expert in high-end art. CRESPO and the agent discussed a lithograph known as “The Presentation of Chloe,” which CRESPO represented, among other things, was an “original lithograph” that was part of a limited edition collection made from “stone plates” from which multiple impressions were made from “the same plate.” The agent agreed to purchase the purported lithograph for $2,000.
In May 2010, CRESPO shipped the purported lithograph along with a “Certificate of Authenticity,” which valued the piece at $12,750 “for insurance purposes,” stated that piece was “hand signed by Chagall in crayon after the artist personally examined this particular example,” and represented that “[t]his work came from the collection of Richard Riskin, a longtime friend of the artist.”
In fact, CRESPO had not obtained the purported Chagall lithograph from the estate of Richard Riskin, as no such person existed, and CRESPO knew that the piece was not a limited edition original lithograph manufactured under the artist’s direction using stone plates, but was a photo-mechanical production that was removed from a common edition book.
In November 2010, the FBI conducted a search of the Brandon Gallery and found packages of Chagall prints and practiced Chagall signatures.
Judge Burns has scheduled sentencing for November 26, 2013, at which time CRESPO faces a maximum term of imprisonment of 20 years. CRESPO also may be ordered to pay restitution to any victims of his offense.
CRESPO has been released on bond since his arrest on April 3, 2012.
This matter is being investigated by the Federal Bureau of Investigation and the Madison Police Department. The case is being prosecuted by Assistant United States Attorneys Anthony E. Kaplan and Liam Brennan.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Former Logan Doctor Sentenced to Nearly 6 Years in Prison in Connection with Federal Pill-mill ProbeRead the Press Release
Makeshift doctor’s office lacked running water, exam table, and medical equipment
CHARLESTON, W.Va. –United States Attorney Booth Goodwin announced today that a former Logan County doctor was sentenced to five years and eleven months in prison for operating a Logan pill mill. Dr. Fernando Gonzales-Ramos, 47, previously pleaded guilty in May to conspiracy to distribute controlled substances without a legitimate medical purpose. The sentence was handed down by United States District Judge John T. Copenhaver, Jr. in Charleston.
“Dr. Gonzales-Ramos wasn’t operating a doctor’s office, he was running a drug den,” said U.S. Attorney Goodwin. “His so-called office had no exam table, no running water, and not even so much as a stethoscope. For thousands of dollars in cash, he was pumping out prescriptions for thousands of units of powerful narcotics.”
“This pill mill did enormous harm across a wide swath of our state and beyond,” said Goodwin. “Doctors swear an oath to do no harm, so it’s especially tragic when someone uses his or her prescription-writing privileges to fuel our region’s worst crime problem. I hope these cases send a message: There are consequences if you abuse your prescription power.”
“The vast majority of physicians prescribe responsibly,” Goodwin continued, “but even a handful of bad doctors can flood our communities with illegal pills. Every time we put a law-breaking doctor out of business, it’s a big step toward getting this problem under control.”
Gonzales-Ramos, who practiced medicine in Logan before moving to Texas in July 2011, began making trips from Texas to West Virginia approximately every three months to operate a cash-only business in Logan. At the time, Gonzales-Ramos also hired a commercial security guard who was armed with a firearm to protect his phony Logan County office. Law enforcement agents also determined during an investigation that the office lacked an exam table, running water and medical equipment.
On March 2, 2013, an individual cooperating with the FBI entered the building that Gonzales-Ramos used as an office and paid $450 cash in exchange for a prescription for the painkiller hydrocodone. Prior to obtaining the prescription, the cooperating individual had not been examined or questioned by anyone. The cooperating individual obtained the prescription from Gonzales-Ramos’s office in less than three minutes.
On March 3, 2013, law enforcement agents executed a search warrant on the building located at 2130 Old Logan Road in Logan. During the execution of the warrant, agents found several individuals waiting inside to get written prescriptions for controlled substances from Gonzales-Ramos.
From September 2011 through March 3, 2013, Gonzales-Ramos ran a cash-only business at the Logan County office where he charged patients $450 for Schedule III controlled substance prescriptions and $500 for Schedule II controlled substance prescriptions. After collecting the cash payments, Gonzales-Ramos directed an associate to make cash deposits into his personal bank accounts. On March 3, 2013, Gonzales-Ramos directed his associate to make two cash deposits of $9,000 and $9,975 into his personal bank accounts.
As part of his plea agreement, Gonzales-Ramos agreed to surrender his Drug Enforcement Administration Certificate of Registration.
The investigation was conducted by the FBI, the U.S. 119 Drug Task Force, the West Virginia State Police, and the Logan County Sheriff’s Department. Assistant United States Attorney Steven Loew handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Click here to listen to an audio clip from U.S. Attorney Goodwin
Former Kindergarten Teacher Convicted of Sexually Exploiting ChildrenRead the Press Release
HOUSTON - Stephen Wayne Sudduth, 38, of Sealy, has entered a plea of guilty to two counts of production of child pornography, United States Attorney Kenneth Magidson announced today.
The charges against Sudduth arose as a result of an international investigation conducted by members of the Houston office of Homeland Security Investigations (HSI), the office of the Caribbean Attache for Homeland Security, the Texas Attorney General’s Cybercrime Unit, the Public Prosecutor’s Office in Curacao, a special task force unit in Curacao comprised of Dutch and local law enforcement officers and the equivalent of the juvenile sex crimes unit of the Curacao Police Corps.
The investigation began in 2009 when the Texas Attorney General’s Office received a tip concerning Sudduth. A state search warrant for Sudduth’s residence in Sealy was secured and later executed on July 14, 2009. At that time, officers seized a laptop computer and two external hard drives which all were found to contain child pornography.
During the review of the images, officers observed images that contained Sudduth and images that appeared to have been taken in a classroom. They were able to confirm the classroom was at a school in Curacao and that Sudduth taught kindergarten at that school. Houston HSI agents were then contacted to handle the international aspect of the investigation.
Still images of young girls that constituted child pornography were located and found to have been taken with a digital camera.
In December 2009 and May 2010, HSI agents and a forensic child interviewer traveled to Curacao and were able to identify and interview the children depicted in the images.
U.S. District Judge Nancy Atlas, who accepted the guilty plea, has set sentencing for Nov. 22, 2013, at which time he faces a sentence of at least 15 and up to 30 years in federal prison as well as a possible maximum fine of $250,000. Upon completion of any prison term imposed, Sudduth also faces a maximum of life on supervised release during which the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet.Sudduth has been in custody where he will remain pending his sentencing hearing.
This case, prosecuted by Assistant United States Attorney Robert Stabe, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former HISD Elementary Teacher Heads to Prison for 20 Years on Child Pornography ConvictionsRead the Press Release
HOUSTON – A 53-year-old Houston resident has been ordered to federal prison following his convictions of distribution and possession of child pornography, announced U.S. Attorney Kenneth Magidson. Juan Antonio Villarreal pleaded guilty Feb. 19, 2013. At the time, he acknoweldged he had been a third grade teacher at a Houston elementary school. Today, U.S. District Judge Vanessa Gilmore handed Villarreal a sentence of 120 and 240 months for the possession and distribution convictions, respectively. The terms sentences will run concurrently for a total 20-year federal prison term. At the hearing, the court heard evidence demonstrating how Villarreal also tricked an underage female relative into taking nude photographs of herself and sending to him, which he then circulated over the Internet. In handing down the sentence, Judge Gilmore remarked how the photos can never be removed from the Internet. Villarreal will also serve 10 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
The investigation began after a local law enforcement officer downloaded child pornography over the Internet which they traced to a computer Villarreal used.
On Aug. 31, 2012, federal authorities later executed a federal search warrant at Villarreal's residence in Houston. At that time, they discovered several images and videos of child pornography on a thumb drive inserted into a USB port on a Dell Desktop computer located within the residence. One of the videos included a known minor child victim performing oral sex on an adult male.
They also found child pornography on a Dell desktop computer and five additional thumb drives in the residence. A forensic exam on the devices resulted in the discovery of approximately 1425 images and 277 videos of child pornography.
Villarreal had also admitted he had received, viewed and downloaded child pornography for approximately five years.
He has been in custody since his arrest Aug. 31, 2012, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation.Assistant U.S. Attorney Robert Stabe prosecuted the case which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Former Danielson Resident Sentenced to 54 Months in Federal Prison for Trading Child PornographyRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DANIEL CARRIER, 34, formerly of Danielson, was sentenced today by Chief U.S. District Judge Alvin W. Thompson in Hartford to 54 months of imprisonment, followed by seven years of supervised release, for possessing and distributing child pornography.
According to court documents and statements made in court, in January 2012, FBI special agents acting in an undercover capacity logged into a publicly-available Internet file sharing program used by CARRIER to trade child pornography. During these sessions, the FBI browsed CARRIER’s shared files, downloaded images from his shared directories and observed file titles suggestive of child pornography.
On March 6, 2012, law enforcement officers searched CARRIER’s Danielson residence and seized a desktop computer and related components. A forensic search of the computer revealed more than 850 images and 187 videos of child pornography, including numerous images of children under the age of 12 engaged in sexually explicit conduct, and images of children engaging in sadistic or masochistic conduct.
CARRIER was arrested on March 7, 2012. On May 15, 2013, he pleaded guilty to one count of receipt and distribution of child pornography.
CARRIER, who was released on a $250,000 bond after his arrest, has been residing with family members in Rhode Island as a condition of his bond.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies, including the Connecticut State Police. The case was prosecuted by Assistant United States Attorney Felice M. Duffy.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Florida Man Pleads Guilty to Controlled Substance ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that Michael Pearlingi, age 44, of Key West, Florida, appeared before U.S. District Judge Roberto A. Lange on August 27, 2013, and pled guilty to Count I of the Indictment that charged him with Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance.
The maximum penalty upon conviction is not more than 20 years of imprisonment, a $1,000,000 fine, or both; at least 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident on March 14, 2013, wherein a South Dakota Highway Patrol Trooper spoke with occupants of a motor home, including the defendant, when they stopped for fuel. The trooper’s suspicions were heightened during the conversation, and he deployed his service dog that is trained to detect the odor of certain illegal narcotics, including marijuana.
The trooper searched the motor home and found large garbage bags containing marijuana, packaged in approximately one pound bundles. There was also a smaller amount of personal use marijuana in the motor home. The total amount of marijuana found was approximately 113 pounds.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Pearlingi was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 7, 2013. Pearlingi’s co-defendant, David Wallace, has pled not guilty and is scheduled for trial on November 5, 2013.Federal Inmate Pleads Guilty to EscapingRead the Press Release
MINNEAPOLIS—Earlier today in federal court, an inmate who escaped from the Federal Prison Camp in Duluth in March 2013 pleaded guilty to that crime. Gerald James Greenfield, age 67, of Bloomington, specifically pleaded guilty to one count of escape from custody. Greenfield, who was charged on April 29, 2013, entered his plea before United States District Judge Patrick J. Schiltz.
In his plea agreement, Greenfield admitted that on March 30, 2013, he left the custody of the federal prison camp without authorization. According to a law enforcement affidavit filed in the case, Greenfield was present for a prisoner count at 4:00 p.m. on March 30. However, he was not present for the prisoner count at 10:00 p.m. He was arrested six days later, on April 5, 2013, at a Burnsville motel. At the time of his escape, he was serving a 50-month sentence following a 2012 conviction in the District of Minnesota for conspiracy to commit money laundering.
For his crime, Greenfield faces a potential maximum penalty of five years in prison, which could be added to his current sentence. Judge Schiltz will determine his sentence at a future hearing, yet to be scheduled.This case is the result of an investigation by the U.S. Marshals Service. It is being prosecuted by Assistant U.S. Attorney Manda M. Sertich.
Federal Grants AnnouncedRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Walt Green announced today that the Department of Justice, Office of Justice Programs, has recently awarded one grant to Louisiana State Police and two grants to Louisiana Commission on Law Enforcement.
Louisiana State Police was awarded $1,551,210 in funding for their DNA Backlog Reduction Program. This program focuses on reducing DNA sample turnaround time, increasing the throughput of public DNA laboratories, and reducing DNA backlogs. These improvements are critical in preventing future DNA backlogs and to help the criminal justice system use the full potential DNA technology.
Louisiana Commission on Law Enforcement received two grants totaling $361,931. Their Juvenile Accountability Block Program was awarded $266,152 and Paul Coverdell Forensic Science Improvement Program was awarded $95,779.
The goal of the Juvenile Accountability Block program is to reduce juvenile offending through accountability-based programs focused on both the juvenile offender and the juvenile justice system. The underlying premise is that young people who violate the law should be held accountable for their actions through the swift, consistent application of graduated sanctions that are proportionate to the offenses, both as a matter of basic justice and as a way to combat juvenile delinquency and improve the quality of life in the nation’s communities.
The Coverdell funds are to be used to improve the quality and timeliness of forensic science and medical examiner services and/or to eliminate backlogs in the analysis of forensic evidence, including controlled substances, firearms examinations, forensic pathology, latent prints, questioned documents, toxicology, and trace evidence.
For more information about these grants, please contact the Office of Justice Program’s Office of Communications at 202-307-0703.
Eagle Butte Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 29, 2013, by U.S. District Judge Roberto A. Lange.
Phillip LaBatte, age 24, was sentenced to time served, which had been approximately 7 months; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.
LaBatte was indicted by a federal grand jury on October 16, 2012, and pled guilty to Count III of the Indictment on June 13, 2013.
The conviction stems from the investigation of burglaries in Eagle Butte. While investigating the burglaries, a Cheyenne River Sioux Tribe detective learned that several juveniles committed the burglaries and that some of the stolen items could be located at LaBatte’s residence. The detective obtained a tribal search warrant for LaBatte’s residence. When law enforcement executed the search warrant, they found, among other things, at least 250 grams, but less than 1 kilogram, of marijuana along with a scale, rolling papers, and a grinder.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
LaBatte was immediately turned over to the custody of the U.S. Marshals Service due to two outstanding warrants in North Dakota on unrelated charges.Eagle Butte Man Found Guilty of Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that Chad Two Hearts, age 39, of Eagle Butte, South Dakota, has been convicted of Aggravated Sexual Abuse of a Child as a result of a two-day federal jury trial held in Pierre, South Dakota.
This charge carries a maximum of life in prison, a $250,000 fine, or both; at least 5 years and up to life of supervised release; and a $100 special assessment.
Two Hearts, who was previously convicted by the State of South Dakota for second degree attempted rape, was indicted by a federal grand jury for Aggravated Sexual Abuse of a Child on March 13, 2013.
At Two Hearts’ trial, which began on August 27, 2013, the jury heard a taped confession of Two Hearts admitting to the Federal Bureau of Investigation that he sexually abused the victim in Hills, Minnesota. The victim, who was 9 or 10 years old at the time of the sexual abuse and was 18 years old at the time of the trial, testified that the sexual abuse happened in both Minnesota and South Dakota. The jury returned its guilty verdict after deliberating for approximately two hours.
This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Division, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for November 20, 2013.
The defendant was remanded to the custody of the U.S. Marshals Service to await sentencing.District Man Sentenced to 25-Year Prison Term for Fatal Gun Battle in Clay Terrace Neighborhood-Shooting Resulted in the Murder of A 15-Year-Old Innocent Bystander-Read the Press Release
WASHINGTON - Antonio Barnes, 21, of Washington, D.C., was sentenced today to a 25-year prison term for his role in a shootout in which two people were killed, including a 15-year-old bystander, U.S. Attorney Ronald C. Machen Jr. announced. The gunfire took place in 2009 while young children were walking home from school in the Clay Terrace area.
In May 2013, Barnes, along with his co-defendants, Earl Jackson, 20, and Sequarn Tibbs, 22, each pled guilty in the Superior Court of the District of Columbia to two counts of voluntary manslaughter, and one count each of conspiracy, assault with a dangerous weapon, and carrying a pistol without a license. Barnes, also known as “Squirt,” was sentenced by the Honorable Herbert B. Dixon, Jr. Jackson will be sentenced on Sept. 13, 2013 and Tibbs on Nov. 7, 2013.
According to the government’s evidence, on Oct. 13, 2009, Barnes and his co-defendants were members of a group they called “Young Savage” from the 37th Street/37th Place neighborhood of Southeast Washington. Barnes, Jackson, Tibbs, and others, including Tibbs’s identical twin brother, Daquan Tibbs, went to the Clay Terrace neighborhood seeking to avenge a burglary from Jackson’s Clay Terrace home.
The gun battle began after Barnes and his co-defendants entered a common area of Clay Terrace in the early afternoon hours, just as neighborhood schools were letting out, and Sequarn Tibbs opened fire on the Clay Terrace residents who were gathered. A 15-year old innocent bystander, Davonta Artis, was shot and killed during this gun battle. Daquan Tibbs, then 18, also was killed and three other men were seriously injured.
After warrants were issued for their arrests, Barnes, Jackson and Tibbs fled the area. Barnes and Jackson were ultimately arrested in January 2012 in Charlotte, N.C., after they were featured on the “America’s Most Wanted” television program and tips were provided as to their whereabouts. Tibbs was captured in September 2010 in New York.
In announcing today’s sentence, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Cold Case/Major Case Squad, officers of the MPD’s Sixth District and the Firearms Unit, and the detective who coordinated the nationwide search for Barnes, Jackson and Tibbs. He also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews-Yette, Kendra Johnson, Kwasi Fields, Sandra Lane, Meridith McGarrity and Fern Rhedrick; Litigation Technology Specialist Leif Hickling; Intelligence Specialist Lawrence Grasso; Investigative Analyst Zachary McMenamin; Criminal Investigator Durand Odom; Victim/Witness Advocate Marcia Rinker, and Law Clerks Flynn Burke and Cadene Russell.
In addition, he acknowledged the efforts of former Assistant U.S. Attorneys Sean Tonolli, J.P. Cooney, Heather Carlton, and Sharad Khandelwal, who were involved in the investigation and presentation of evidence during the early phases of these cases.
Finally, Mr. Machen commended the work of Assistant U.S. Attorneys Reagan Taylor and Deborah Sines, who indicted and prosecuted the case.
13-301District Man Sentenced to 25-Year Prison Term for Fatal Gun Battle in Clay Terrace Neighborhood-Shooting Resulted in the Murder of A 15-Year-Old Innocent Bystander-Read the Press Release
WASHINGTON - Antonio Barnes, 21, of Washington, D.C., was sentenced today to a 25-year prison term for his role in a shootout in which two people were killed, including a 15-year-old bystander, U.S. Attorney Ronald C. Machen Jr. announced. The gunfire took place in 2009 while young children were walking home from school in the Clay Terrace area.
In May 2013, Barnes, along with his co-defendants, Earl Jackson, 20, and Sequarn Tibbs, 22, each pled guilty in the Superior Court of the District of Columbia to two counts of voluntary manslaughter, and one count each of conspiracy, assault with a dangerous weapon, and carrying a pistol without a license. Barnes, also known as “Squirt,” was sentenced by the Honorable Herbert B. Dixon, Jr. Jackson will be sentenced on Sept. 13, 2013 and Tibbs on Nov. 7, 2013.
According to the government’s evidence, on Oct. 13, 2009, Barnes and his co-defendants were members of a group they called “Young Savage” from the 37th Street/37th Place neighborhood of Southeast Washington. Barnes, Jackson, Tibbs, and others, including Tibbs’s identical twin brother, Daquan Tibbs, went to the Clay Terrace neighborhood seeking to avenge a burglary from Jackson’s Clay Terrace home.
The gun battle began after Barnes and his co-defendants entered a common area of Clay Terrace in the early afternoon hours, just as neighborhood schools were letting out, and Sequarn Tibbs opened fire on the Clay Terrace residents who were gathered. A 15-year old innocent bystander, Davonta Artis, was shot and killed during this gun battle. Daquan Tibbs, then 18, also was killed and three other men were seriously injured.
After warrants were issued for their arrests, Barnes, Jackson and Tibbs fled the area. Barnes and Jackson were ultimately arrested in January 2012 in Charlotte, N.C., after they were featured on the “America’s Most Wanted” television program and tips were provided as to their whereabouts. Tibbs was captured in September 2010 in New York.
In announcing today’s sentence, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Cold Case/Major Case Squad, officers of the MPD’s Sixth District and the Firearms Unit, and the detective who coordinated the nationwide search for Barnes, Jackson and Tibbs. He also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews-Yette, Kendra Johnson, Kwasi Fields, Sandra Lane, Meridith McGarrity and Fern Rhedrick; Litigation Technology Specialist Leif Hickling; Intelligence Specialist Lawrence Grasso; Investigative Analyst Zachary McMenamin; Criminal Investigator Durand Odom; Victim/Witness Advocate Marcia Rinker, and Law Clerks Flynn Burke and Cadene Russell.
In addition, he acknowledged the efforts of former Assistant U.S. Attorneys Sean Tonolli, J.P. Cooney, Heather Carlton, and Sharad Khandelwal, who were involved in the investigation and presentation of evidence during the early phases of these cases.
Finally, Mr. Machen commended the work of Assistant U.S. Attorneys Reagan Taylor and Deborah Sines, who indicted and prosecuted the case.
13-301District Man Pleads Guilty to Sexual Abuse of Child-Five-Year-Old Victim, A Relative, Aided Early Investigation-Read the Press Release
WASHINGTON – A 20-year-old man, of Washington, D.C., has pled guilty to charges stemming from a sexual assault against a five-year-old relative, U.S. Attorney Ronald C. Machen Jr. announced today.
The defendant, who is not identified here to protect the privacy of the victim, pled guilty on Aug. 30, 2013, to one count each of attempted second-degree child sexual abuse and violating the Bail Reform Act. The Honorable Robert E. Morin scheduled sentencing for Nov. 22, 2013. The defendant faces up to 5 1/2 years in prison and also will be required to register as a sex offender for 10 years.
According to the government’s evidence, on May 9, 2013, at approximately 8:50 p.m., the defendant was at the home of a relative in Northeast Washington. During this time, the child and her mother were living temporarily with the same relative and were also in the apartment. The child’s mother, who had momentarily left the home, returned to find the defendant under a blanket with her daughter. The child made an immediate report regarding sexual acts the defendant engaged in with her while her mother was gone.
While this case was pending, the court released the defendant, placing him in the high-intensity supervision program on June 14, 2013. After the June court date, the defendant removed his GPS device, and he did not appear in court as scheduled for a hearing on July 15, 2013. He was re-arrested on a bench warrant on July 26, 2013.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Youth Division who were involved in the arrest and investigation of this case. He also expressed his appreciation to Paralegal Specialist D’Yvonne Key, Victim/Witness Advocate Tracey Hawkins, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.
13-300District Man Pleads Guilty to Sexual Abuse of Child-Five-Year-Old Victim, A Relative, Aided Early Investigation-Read the Press Release
WASHINGTON – A 20-year-old man, of Washington, D.C., has pled guilty to charges stemming from a sexual assault against a five-year-old relative, U.S. Attorney Ronald C. Machen Jr. announced today.
The defendant, who is not identified here to protect the privacy of the victim, pled guilty on Aug. 30, 2013, to one count each of attempted second-degree child sexual abuse and violating the Bail Reform Act. The Honorable Robert E. Morin scheduled sentencing for Nov. 22, 2013. The defendant faces up to 5 1/2 years in prison and also will be required to register as a sex offender for 10 years.
According to the government’s evidence, on May 9, 2013, at approximately 8:50 p.m., the defendant was at the home of a relative in Northeast Washington. During this time, the child and her mother were living temporarily with the same relative and were also in the apartment. The child’s mother, who had momentarily left the home, returned to find the defendant under a blanket with her daughter. The child made an immediate report regarding sexual acts the defendant engaged in with her while her mother was gone.
While this case was pending, the court released the defendant, placing him in the high-intensity supervision program on June 14, 2013. After the June court date, the defendant removed his GPS device, and he did not appear in court as scheduled for a hearing on July 15, 2013. He was re-arrested on a bench warrant on July 26, 2013.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Youth Division who were involved in the arrest and investigation of this case. He also expressed his appreciation to Paralegal Specialist D’Yvonne Key, Victim/Witness Advocate Tracey Hawkins, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.
13-300Deported Illegal Alien Sentenced to Time-Served for Re-Entering U.S.Read the Press Release
PITTSBURGH - An illegal alien found in Cranberry Twp., Pa., has been sentenced in federal court to time-served on his conviction of re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Olvin Joel Dominguez-Maldanod, 26, of Honduras.
According to information presented to the court, Dominguez-Maldanod, an alien, was removed from the United States by United States Immigration and Customs Enforcement on Jan. 24, 2013. Dominguez-Maldanod, was found on July 25, 2013 in Cranberry Twp.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Immigration and Custom Enforcement for the investigation leading to the successful prosecution of Dominguez-Maldanod.
Cumberland County Armed Robbers Sentenced to 200 Months Imprisonment in Federal CourtRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that today in federal court, United States District Judge Terrence W. Boyle sentenced xavier deshawn lymas, 24, jessie gomez, 26 , and LIONEL BERNARD NEWMAN, 23, all of Fayetteville. LYUMAS received 200 months imprisonment, followed by 5 years of supervised release; gomez received 200 months imprisonment, followed by 5 years of supervised release; and NEWMAN received 200 months imprisonment, followed by 5 years of supervised release.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Cumberland County Sheriff’s Office, and the Hope Mills Police Department. Assistant United States Attorney Toby Lathan prosecuted the case.
LYMAS, GOMEZ, NEWMAN, and JOSE MORALES were named in an eight-count Indictment filed on October 3, 2012 charging them with crimes related to the robbery of businesses engaged in interstate commerce. On February 19, 2013, LYMAS , NEWMAN, and MORALES pled guilty to Conspiracy to Rob Businesses Engaged in Interstate Commerce, and Using and Carrying a Firearm During a Crime of Violence. On April 11, 2013, GOMEZ pled guilty to the same. MORALES will be sentenced at a later date.
According to the investigation, the group participated in a string of armed robberies in Cumberland County in October 2011. On October 27, 2011, LYMAS, GOMEZ, NEWMAN, and JOSE MORALES, armed with handguns, traveled to the Lake Lynn Short Stop on Gillespie Street in Fayetteville for the purpose of robbing the business. Due to the high volume of customers inside, the group chose instead to rob a person seated in his vehicle in the parking lot. With MORALES acting as the driver and NEWMAN serving as a lookout, LYMAS and GOMEZ robbed the victim at gunpoint.
The group then traveled to a Kangaroo Express store on Natal Street in Fayetteville. Wearing ski masks and gloves, LYMAS, GOMEZ, and NEWMAN entered the store while MORALES acted as the driver. GOMEZ and NEWMAN were armed with handguns. Inside, GOMEZ demanded money from the store clerk and struck the clerk in the head with his handgun. The group fled with cash and other items taken from the store.
The same evening, NEWMAN and an unindicted accomplice robbed a Kangaroo Express store on Hope Mills Road in Hope Mills. NEWMAN and his accomplice entered the store wearing ski masks and gloves. Both brandished handguns. NEWMAN pointed his handgun at a store clerk and demanded cash. The robbers fled with cash and other items.
On October 30, 2011, LYMAS, GOMEZ, and MORALES attempted to rob a Kangaroo Express on Main Street in Hope Mills. With MORALES acting as the driver, LYMAS and GOMEZ entered the store wearing ski masks and gloves, and brandishing handguns. Several Hope Mills police officers were in close proximity conducting surveillance on the store and observed LYMAS and GOMEZ as they entered. The officers followed LYMAS and GOMEZ inside and placed them under arrest before they were able to complete the robbery.Chesterfield Man Convicted of Defrauding Military Personnel and Their DependentsRead the Press Release
RICHMOND, Va. – Vernon Matthews, 42, of Chesterfield, Virginia, pleaded guilty today to Mail Fraud, in violation of Title 18, United States Code, Section 1341. Matthews faces a maximum of 20 years imprisonment, a $250,000 fine, and 3 years of Supervised Release when he is sentenced by United States District Judge Henry E. Hudson on December 6, 2013.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field office; and United States Postal Inspection Service, Richmond Inspector in Charge Keith Fixel made the announcement.
In a statement of facts filed with his plea agreement, Matthews admitted to operating First Capital Group (FCG), located at 4624 Pembroke Boulevard, Suite 102, Virginia Beach, Virginia. He solicited United States Military personnel and their dependents to make investments with FCG, with misrepresentations about how the investment funds would be used, the security of the investments, and the promised amount of returns, which he represented ranged from 4% to 300%. The defendant also misrepresented his affiliation with reputable investment companies and funds, including HB Group and American Funds. In connection with his guilty plea, Matthews admitted that he did not have any relationship with HB Group or American Funds, and no investor funds were provided to either of those companies or any other investment-type company. Instead, the defendant misappropriated the investors’ money, causing it to be used for the defendant’s own personal use and benefit to the investors’ detriment.
The charged mail fraud centered around the defendant’s acts in defrauding investor A.G., a graduate of the U.S. Naval Academy who was attending medical school. Through various communications, Matthews led A.G. to believe her investment monies would be transferred to a mutual fund with a guaranteed 7.27% rate of return. That promised return was later revised to a higher amount (10%-12%), provided A.G. invested additional monies with the defendant. A.G., in turn, invested the following amounts with FCG: $20,000 (12/21/2010); $3,500 (5/18/2012); and $6,000 (10/20/12). Although Matthews had promised that these funds would be put in an investment fund, he did not transfer any of A.G.’s money to that promised destination. When A.G. later tried to withdraw her investment funds, the defendant delayed returning her funds and later mailed her a refund check in the amount of $32,328.55. Upon receipt of the mailing, A.G. attempted to cash the check but it bounced.
Overall, from about July 2010 until about May 2013, Matthews received over $235,600 in funds from the victim investors. The defendant did not invest any of those monies as promised and used the overwhelming majority of the funds for his own benefit.
The investigation was jointly coordinated by the Richmond office of the FBI and the Richmond office of the United States Postal Inspection Service. Assistant United States Attorney Michael Gill is prosecuting the case on behalf of the United States.This investigation has been coordinated by the Virginia Financial and Securities Fraud Task Force, an unprecedented partnership between criminal investigators and civil regulators to investigate and prosecute complex financial fraud cases in the nation and in Virginia. The task force is comprised of several federal and state agencies, including the Virginia Attorney General’s Office. The task force is an investigative arm of the President’s Financial Fraud Enforcement Task Force (FFETF), an interagency national task force.
The FFETF was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.