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24 October 2013
Martha Mae Mitchell Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MARTHA MAE MITCHELL, a 57-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribe, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
MITCHELL was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 23, 2013, MITCHELL became frustrated when a 9-month-old child would not stop crying. MITCHELL told law enforcement that she twisted the baby's legs and both arms causing injuries to them. MITCHELL further told law enforcement that she was "shocked and disgusted" at herself. The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Medical evidence would have shown that the victim suffered fractures to all four of the baby's limbs. The victim was hospitalized for a week. The medical evidence would also show that the victim sustained additional injuries that may not be attributed to MITCHELL's conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Marin County Duo Charged with Filing Tax Returns Using Prison Inmates Personal InformationRead the Press Release
OAKLAND – Clifford Dale Bercovich and Howard Webber were charged on October 3, 2013, with conspiracy, mail fraud, and aggravated identity theft, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation Special Agent in Charge José M. Martinez.
According to the 31 count Indictment, Bercovich, 66, of San Rafael, and Webber, who resided in Marin County and Milwaukee, Wisconsin, filed false federal income tax returns for prison inmates that claimed tax refunds based on the Earned Income Credit and/or Making Work Pay Credit. In carrying out the fraud scheme, Bercovich allegedly created an information sheet for “Inmate Assets Recovery and Liquidation Services” to obtain personal identifying information from prison inmates. Bercovich allegedly used this information to prepare and file false federal income tax returns for the inmates. The tax returns reported fictitious figures for “wages, salaries, and tips,” which fraudulently inflated the Earned Income Credit and/or Making Work Pay Credit resulting in false tax refunds. The tax refunds were deposited into a bank account established by Bercovich. The defendants split a fee of $250 or 25% of the fraudulent refund.
The maximum statutory penalty for each count of conspiracy, in violation of Title 18, U.S.C § 1349, is 20 years in prison and a fine of $250,000. The maximum statutory penalty for each count of mail fraud, in violation of 18 U.S.C § 1341, is 20 years in prison and a fine of $250,000. The maximum penalty for aggravated identity theft in violation of Title 18, U.S.C § 1028A, is a mandatory consecutive sentence of two years in prison, and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Please note, an indictment contains only allegations against a person and, as with all defendants, Clifford Dale Bercovich and Howard Webber must be presumed innocent unless and until proven guilty.
(Bercovich indictment )
Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
U.S. Attorney Christopher A. Crofts announced that on October 21, 2013, Lee Spoonhunter, a thirty six year old Northern Arapaho man was sentenced by Chief U.S. District Court Judge Nancy Freudenthal to three years of probation, with the first four months to be served on home confinement, a $100 special assessment, and a full restitution amount to be determined within 90 days. This sentence stems from Mr. Spoonhunter’s November 2012, conduct on the Wind River Indian Reservation - namely driving while under the influence of alcohol, during which time a traffic crash occurred and another person suffered serious bodily injury as a result of the crash. This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Louisiana Sergeant Gary J. Shine Pleads Guilty to Assault of DetaineeRead the Press Release
The Justice Department announced that former Jefferson Parish, La. Sheriff’s Office Sergeant Gary J. Shine pleaded guilty today before Federal District Court Judge Ivan L.R. Lemelle to assaulting a detainee at the Jefferson Parish Correctional Center in Gretna, La., thereby depriving the detainee of his civil rights.
During the plea hearing, Shine admitted that on Oct. 21, 2012, while he was working as a sergeant, he struck an inmate with his knee, while the inmate’s hands were cuffed behind his back. Shine admitted that he also punched the inmate in the head. Shine’s actions caused bruising. Shine acknowledged that the inmate did not pose a threat to Shine or any other person, and that there was no legal justification for Shine to strike the inmate.
“It is a federal crime for law enforcement officers to willfully use excessive force,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “Today’s guilty plea demonstrates the Justice Department’s commitment to ensuring that official misconduct is addressed fully and fairly.”
“The vast majority of our law enforcement officials serve with honor and integrity,” said Kenneth Polite, U.S. Attorney for the Eastern District of Louisiana. “However, when someone abuses the power and privileges of his office, as Gary Shine did here, he will be held accountable.”
At sentencing, which is set for Jan. 22, 2014, Shine faces a statutory maximum sentence of 10 years of incarceration.
This case was investigated by the FBI and was prosecuted by Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Stephen C. Parker for the Eastern District of Louisiana.
Lincoln County Businessman Indicted for His Role in A Multi-million Organized Retail Theft SchemeRead the Press Release
CHARLOTTE, N.C. – Steve Hale, 64, and owner of Double D Distributing, LLC, formerly based in Denver, N.C., has been indicted on conspiracy to transport stolen goods in interstate commerce, interstate transportation of stolen property and related charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. The indictment remained under seal until today, following Hale’s arrest yesterday afternoon.
U.S. Attorney Tompkins is joined in making today’s announcement by Russell F. Nelson, Special Agent in Charge of the United States Secret Service, Charlotte Field Division; Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI); Chief James W. Buie of Gaston County Police Department; and Chief Stacy Conley, of the Gastonia Police Department.
The federal charges against Hale are the result of “Operation Cash Back,” an investigation that began in September 2010 into the buying and selling of stolen over-the-counter (OTC) non-prescription drug and health and beauty aid (HBA) products. Six defendants have been sentenced to date in connection with Operation Cash Back. Bonnie Bridges, Kimberley Morris, Michael Morris, Darlene Schoener, William Schoener, and Darryl Brock were sentenced in January 2013 to prison terms ranging from 18 to 86 months. The amount of stolen property involved in the Bridges case from 2006 to 2011 exceeded $16 million.
The 30-count federal criminal indictment against Hale was returned by a grand jury sitting in Charlotte on October 17, 2013. According to allegations contained in the indictment, from 2006 to March 2011, Hale was a second-level “fence” for an organized retail theft scheme involving millions of dollars’ worth of stolen consumer goods transported in interstate commerce. The indictment alleges that professional shoplifters, known as “boosters,” committed large-scale retail theft of thousands of consumer products, including popular name brand over-the-counter non-prescription drug products and over-the-counter health and beauty aid products, and sold the stolen goods for cash to multi-level fencing operators, known as “fences.”
According to allegations contained in the indictment, Hale provided Bonnie Bridges with a “shopping list” of consumer products along with the prices that Hale would pay for those goods. The indictment alleges that Bonnie Bridges, Kimberly Morris, Michael Morris, Darlene Schoener, William Schoener, Darryl Brock and other first-level fences bought bulk quantities of stolen retail products from the boosters, and delivered the unsorted stolen merchandise to Hale at the Double D Distributing warehouse in plastic garbage bags, boxes and plastic containers, in exchange for cash payments. The indictment also alleges that Hale only accepted products with undamaged packaging and extended expiration dates, known as “shelf life,” that were marketable in retail stores. According to allegations contained in the indictment, Hale and his employees then removed the retail store security stickers contained on some of the stolen goods and organized the “cleaned” products for shipment to Hale’s customers. The indictment alleges that Hale shipped some of the stolen merchandise out-of-state, including to Florida. Hale sold the stolen consumer products, including name brand OTC-drug products and name brand OTC-HBA products, at discounted prices, up to fifty-two percent (52%) below wholesale prices in the legitimate marketplace, the indictment alleges.
According to allegations contained in the indictment, Hale made false statements in his 2006, 2007 and 2008 income tax returns by failing to include gross receipts substantially in excess of the amounts he claimed on his tax returns. Hale also was charged with failing to collect, truthfully account for and pay over to the IRS quarterly federal income taxes and Federal Insurance Contribution Act (FICA) taxes from the total wages of one of his employees for the tax years 2007 through 2010.
Hale has been charged with one count of conspiracy to transport stolen goods in interstate commerce, which carries a maximum prison term of five years; twelve counts of interstate transportation of stolen property, which carry a maximum prison term of 10 years per count; three counts of false statements on income tax returns, which carry a maximum prison term of three years per count; and fourteen counts of failing to collect, truthfully account for and pay quarterly federal income taxes and FICA taxes for a former employee, which carry a maximum prison term of five years per count. Each count also carries a $250,000 fine.
The indictment includes a notice of forfeiture, which gives notice that the defendant must forfeit to the United States all of the property, currency and monetary instruments involved in the offenses charged in the indictment. The government will pursue a forfeiture money judgment in the amount of at least $8,265,145, which the government contends constitutes the proceeds of the violations alleged in the indictment.
Hale had his initial appearance this morning in federal court in Charlotte. He was released on bond and was ordered to home detention with electronic monitoring. Hale is also prohibited from working in the wholesale goods business.
The charges contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The investigation was handled by USSS, IRS-CI, the Gaston County Police Department and the Gastonia Police Department. This prosecution is handled by Assistant United States Attorneys Tom O’Malley and Ben Bain-Creed of the Western District of North Carolina.
Laguna Pueblo Man Sentenced to Ten Years in Federal Prison for Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jason Mooney, 36, a member and resident of Laguna Pueblo, was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his aggravated sexual abuse conviction. Mooney will be required to register as a sex offender when he completes his prison sentence.
Mooney’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
Mooney was arrested in June 2008, based on a criminal complaint alleging that he sexually abused a child between the age of 12 and 16 years. In July 2008, Mooney was indicted on aggravated sexual abuse charges. Proceedings in the case were delayed by competency proceedings. Mooney has been in federal custody since his arrest.
On July 24, 2013, Mooney entered a guilty plea to an aggravated sexual abuse charge. In his plea agreement, Mooney admitted that he sexually abused a minor child on a date between July 2003 and July 2004. He further admitted that his unlawful conduct occurred on Laguna Pueblo.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Krystel A. Buckland Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Donald W. Molloy, KRYSTEL A. BUCKLAND, a 32-year-old resident of Billings, was sentenced to a term of:
- obation: 4 years
- ecial Assessment: $100
- stitution: $15,333
BUCKLAND was sentenced in connection with her guilty plea to acquiring a controlled substance by subterfuge.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On August 19, 2012, a task force officer with the Drug Enforcement Administration (Drug Enforcement Administration) received a phone call from the pharmacy district manager for the K-Mart in Billings. The manager indicated that there were numerous prescription pills missing from the pharmacy department. The prescription pills first started to appear missing in February of 2012.
K-Mart then installed video cameras in the pharmacy department. On August 29, 2012, BUCKLAND, a pharmacist at the store, was seen on the video camera entering into the pharmacy after pharmacy hours and stealing numerous prescription pills. The video showed BUCKLAND taking the pills and then stuffing them into her clothing. BUCKLAND had been hired in February of 2012.
On August 31, 2012, BUCKLAND was interviewed by a DEA task force officer. She admitted that she did steal all of the prescription pills, and that she started stealing pills when she first began working at K-Mart. According to BUCKLAND, she used all of the pills herself. She indicated that she would use approximately 100 pills per day. After the interview, BUCKLAND gave consent to search her car and recovered numerous pill bottles and a small amount of pills in the vehicle.
The records from K-Mart indicate that approximately 18,000 hydrocodone and oxycodone pills were taken from the pharmacy from February of 2012 through August of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Drug Enforcement Administration.
Kewa Pueblo Man Pleads Guilty to Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, pleaded guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.
Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outside the victim’s residence on April 15, 2011. He subsequently was indicted and charged with second degree murder.
This morning, Lovato entered a guilty plea to the indictment and admitted killing the victim on April 15, 2011, by beating him to death with his hands and feet. Lovato admitted that he acted with malice aforethought as he beat the victim to death. According to court filings, a preliminary autopsy report indicated that the victim died as a result of multiple blunt force trauma.
Under the terms of the plea agreement, Lovato will be sentenced to twelve years in federal prison followed by five years of supervised release. Lovato has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Programs and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.
Karrie Marie Stoltenberg Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Sam E. Haddon, KARRIE MARIE STOLTENBERG, a 40-year-old resident of Billings, pled guilty to conspiracy to possess with the intent to distribute methamphetamine. Sentencing has been set for March 3, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
During the course of an investigation into the sales of methamphetamine by X.X. and Z.Z. in the Billings area, agents learned that X.X. had kept a safe containing methamphetamine at STOLTENBERG's residence in the Billings Heights. Agents confirmed through multiple sources that STOLTENBERG allowed X.X. to keep the safe at her house from October to November of 2012. Agents also confirmed from one source that STOLTENBERG knew that the safe contained methamphetamine. Additionally, one of the sources of information admitted that she stole the safe from STOLTENBERG's residence in November of 2012, and the safe contained less than a pound of methamphetamine.
STOLTENBERG faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Eastern Montana High Intensity Drug Task Force (HIDTA).
Justice Department Sues to Stop Maui, Hawaii Tax Return PreparerRead the Press Release
The United States filed a civil complaint yesterday asking a federal court in Honolulu to enjoin James A. Ericson from preparing federal tax returns for others, the Justice Department announced today. The complaint alleges that Ericson frequently prepares returns for individuals claiming refunds from the federal government that are not deserved. The complaint also alleges that Ericson prepares roughly over 1,000 tax returns per year for individuals on Maui, Hawaii.
According to the complaint, Ericson improperly understates his customers’ federal tax liabilities by creating phony businesses and then listing those fake businesses on returns and fabricating expenses and losses for them, claiming false or inflated credits and deducting personal expenses of his customers, such as costs associated with customers’ hobbies, which are not legally deductible. In total, the government’s complaint alleges that the loss to the U.S. Treasury from Ericson’s activities could be as much as $31 million for tax years 2007-2012. The government also asserts that many of Ericson’s customers may owe additional tax, interest, and penalties because of the improperly prepared returns.
In addition to asking the court to prohibit Ericson from preparing or filing federal tax returns for others, the complaint also seeks to enjoin anyone acting in concert with Ericson from preparing or filing federal tax returns, to prohibit Ericson from requesting or directing the preparation of federal tax returns for others, to require Ericson, within 30 days of entry of an injunction issued in this case, to contact all persons for whom he prepared a federal tax return since Jan. 1, 2008, in order to inform all such persons of the permanent injunction entered against him, to require Ericson to provide a list of all such persons to the United States, to allow the United States to monitor Ericson’s compliance with any such injunction, and to request that the Court retain jurisdiction over this case to enforce any injunction entered against Ericson.
Return preparer fraud is one of the Internal Revenue Service’s Dirty Dozen Tax Scams for 2013, which can be viewed at www.irs.gov/uac/Newsroom/IRS-Releases-the-Dirty-Dozen-Tax-Scams-for-2013 . The Internal Revenue Service has some tips for choosing a tax preparer: http://www.irs.gov/Tax-Professionals/Choosing-a-Tax-Professional . In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website at www.justice.gov/tax/taxpress2013.htm .
Joseph Daniel Bahr, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge JOSEPH DANIEL BAHR, JR., a 42-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 70 months
- ecial Assessment: $100
- pervised Release: 7 years
BAHR was sentenced in connection with his guilty plea to attempted sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 23, 2011, the victim and a friend stayed overnight at BAHR's home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. The victim, the friend, and BAHR were drinking that evening at BAHR's house. Between 10:00 p.m. and 11:00 p.m., the victim went to sleep in BAHR's daughter(s bedroom. Around 5:00 a.m. the next morning, the victim woke up with BAHR on top of her. The victim told BAHR numerous times to stop and to get off of her. Eventually, the victim was able to push BAHR off of her, get dressed, and leave BAHR's residence. Before leaving, the victim confronted BAHR about the sexual assault in the presence of the friend who was also staying at BAHR's home. BAHR admitted to having sexual intercourse with the victim during this confrontation and this admission was overheard by the friend.
The victim then left the residence and went home. She told her husband about the sexual assault, immediately reported the assault to the police, and then went to the hospital for a sexual assault examination.
BAHR was interviewed by law enforcement and despite the admission made by BAHR to the victim and overheard by the friend at BAHR's house, when confronted by the victim, BAHR denied that he had sex with the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Jackson, Mississippi Man Charged with Attempted Online Extortion of the University of Louisville Athletic AssociationRead the Press Release
LOUISVILLE, Ky. – A Jackson, Mississippi man was charged by a federal grand jury meeting in Louisville, Kentucky, on October 16, 2013, with a single count of extortion, by means of a threatening communication, announced David J. Hale, United States Attorney for the Western District of Kentucky. The federal indictment was unsealed today, following the arrest this morning, of Thomas E. Ray, age 35, in Mississippi, by the U.S. Marshal Service.
According to the indictment, Ray, using the alias “Melinda White,” knowingly sent an email communication from his home in Jackson, MS, to the commonwealth of Kentucky, on April 23, 2013 with the intent to extort $3.5 million from an association and corporation, by threatening to injure the reputation of the University of Louisville Athletic Association.
If convicted, Ray faces no more than two years in prison, a maximum fine of $250,000 and a one year period of supervised release. His initial appearance on the charge was held today, in U.S. District Court located at 501 E. Court Street, Jackson, MS, in the Southern District of Mississippi. Ray posted a $10,000 bond and was ordered to appear in Louisville District Court on November 7, 2013 at 11:00 am.
This case is being prosecuted by Assistant United States Attorney A. Spencer McKiness and is being investigated by the Federal Bureau of Investigation (FBI) and Office of the Kentucky Attorney General.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Isleta Pueblo Man Sentenced to Twenty-Eight Months for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – James Anzara, 35, a member and resident of Isleta Pueblo, was sentenced late yesterday afternoon to 28 months in years in federal prison to be followed by three years of supervised release for his involuntary manslaughter conviction.
Anzara was indicted on an involuntary manslaughter charge on Feb. 27, 2013, and was arrested on March 5, 2013. The indictment charged Anzara with crashing his vehicle while driving under the influence of alcohol and drugs and causing the death of an Isleta Pueblo man who was a passenger in his vehicle. The crash occurred on April 21, 2012, within Isleta Pueblo lands. Anzara was prosecuted on tribal charges arising out of the crash in tribal court and served 360 days in tribal custody. On June 11, 2013, Anzara entered a guilty plea to the indictment.
The federal prison sentence imposed on Anzara is in addition to the 360 days Anzara already spent in tribal custody.
This case was investigated by the Southern Pueblos of the BIA’s Office of Justice Services and Isleta Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Internist Sentenced to Six Months in Prison, Plus Home Confinement, for Taking Cash Kickbacks for Patient ReferralsRead the Press Release
NEWARK, N.J. – A Somerset County doctor practicing internal medicine at Newark Community Health Center, where she was formerly the clinical director, was sentenced today to six months in prison and five months of home confinement for receiving cash kickbacks for diagnostic testing referrals of her patients, U.S. Attorney Paul J. Fishman announced.
Padma Siripurapu, 46, of Belle Mead, N.J., previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging her with one count of soliciting and receiving more than $50,000 in illegal cash kickbacks for patient referrals in violation of the federal health care anti-kickback statute. Judge Cecchi imposed the sentenced today in Newark federal court.
According to documents filed in this case and statements made in court:
From 2009 through December 2011, Siripurapu agreed with representatives of the diagnostic center Orange Community MRI LLC (Orange MRI) that Orange MRI would pay her a set amount of cash for every MRI, CAT scan, ultrasound, echocardiogram, and DEXA scan she referred. Siripurapu referred patients for more than a thousand of these tests during that time period and was paid a per-test amount for those referrals.
Siripurapu admitted that on Nov. 2, 2011, she received $3,600 in cash from a government informant at her doctor’s office in Newark in exchange for referrals. On Nov. 17, 2011, again at her office in Newark, Siripurapu received another kickback for patient referrals, this time $3,450 in cash.
In addition to the prison term and home confinement, Judge Cecchi sentenced Siripurapu to two years of supervised release, fined her $30,000 and ordered her to pay forfeiture of $51,200.Siripurapu is the 12th person in the government’s investigation of Orange MRI and its corrupt referring doctors to plead guilty. On Oct. 15, 2013, a 13th defendant, Chikezie Onyenso, 55, an internist and pediatrician with a medical practice in Irvington, N.J., was convicted by a jury of conspiring to violate the federal health care anti-kickback statute and with violating the statute in connection with the same money-for-patients scheme. Onyenso took tens of thousands of dollars in exchange for patient referrals. The jury deliberated for two days after a three-week trial before Judge Cecchi. Sentencing is scheduled for January 31, 2014.
Ten health care providers have pleaded guilty to receiving kickbacks and have agreed to forfeit $339,905 in illegal kickbacks from Orange MRI. The two other defendants, Ashokkumar Babaria, Orange MRI’s former medical director, and Chirag Patel, Orange MRI’s former executive director, have agreed to forfeit their corrupt gains. Babaria agreed to forfeit his revenues traceable to corrupt referrals, which the government has estimated could reach as much as $2 million. Patel has forfeited $89,180. The remaining defendants charged in the investigation are charged by complaints or indictments at this time.
U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Tom O’Donnell, as well as criminal investigators with the U.S. Attorney’s Office’s criminal investigator program, for the investigation leading to today’s sentencing.
The case is being prosecuted by Assistant U.S. Attorneys Scott B. McBride and Joseph Mack, deputy chief, of the U.S. Attorney’s Office’s Health Care and Government Fraud Unit.
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Defense counsel: Bruce A. Levy Esq. and Lawrence S. Lustberg Esq., Newark
Indictment Unsealed and “Wanted” Posters Issued for Fugitives Charged with Multimillion Dollar International Cyber Fraud SchemeRead the Press Release
Earlier today, charges were unsealed against Romanian fugitive Nicolae Popescu, the leader of an international organized crime syndicate that ran a multimillion dollar cyber fraud scheme, and six other fugitives charged with participating in the same scheme. Interpol has issued red notices to foreign law enforcement partners seeking assistance in the apprehension of these fugitives, and the FBI has also released “Wanted” posters to facilitate their arrests.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Loretta E. Lynch of the Eastern District of New York, and Assistant Director in Charge George Venizelos of the FBI’s New York Office made the announcement.
“Today, we have unsealed charges – and issued “wanted” posters and Interpol red notices – for a band of dangerous cybercriminals who are alleged to have stolen millions of dollars from unsuspecting consumers around the globe,” said Acting Assistant Attorney General Raman. “As described in the indictment, the leader of this band of thieves openly proclaimed that he is beyond the reach of the U.S. criminal justice system. But with the help of our international partners, we will track down and capture every alleged member of this criminal syndicate, no matter where they are hiding.”
“Using forged documents and phony websites, for years Popescu and his criminal syndicate reached across the ocean to pick the pockets of hard working Americans looking to purchase cars,” said United States Attorney Lynch. “They thought their distance would insulate them from law enforcement scrutiny. They were wrong. By now, Popescu and his band of fugitives have seen their co-conspirators brought here to account for their crimes. Today’s actions place them squarely in the sights of our partners in international law enforcement. We will not stop in our efforts to find these fugitives and bring them to justice for the crimes they have allegedly committed against our citizens. ”
“As alleged, the defendants infiltrated the cyber marketplace with advertisements for high-value items that didn’t exist,” said FBI Assistant Director in Charge Venizelos. “They siphoned funds from victims to fuel their greedy desires and created false identities, fake websites and counterfeit certificates of title in order to make the scheme more convincing. Popescu and his co-conspirators were masters of illusion, but they can’t escape their ultimate reality. With the help of our law enforcement partners at home and abroad, we will bring them to justice.”
Popescu, Romanian nationals Daniel Alexe, Dmitru Daniel Bosogioiu, Ovidiu Cristea, and Dragomir Razvan, and a defendant who goes by the names “George Skyper” and “Tudor Barbu Lautaru,” as well as Albanian national Fabjan Meme, were originally charged in a criminal complaint with six other defendants for their participation in a cyber-fraud conspiracy that targeted primarily American consumers on such U.S.-based websites as Cars.com and AutoTrader.com. Their six co-defendants were arrested in a coordinated international takedown on Dec. 5, 2012, but Popescu, Alexe, Bosogioiu, Cristea, Razvan, and Meme have remained at large.
As alleged in the complaint and subsequent indictment, the defendants participated in a long-term conspiracy to saturate Internet marketplace websites including eBay, Cars.com, AutoTrader.com, and CycleTrader.com with detailed advertisements for cars, motorcycles, boats, and other high-value items – generally priced in the $10,000 to $45,000 range – that did not actually exist. The defendants employed co-conspirators who corresponded with the victim buyers by email, sending fraudulent certificates of title and other information designed to lure the victims into parting with their money. The defendants allegedly even pretended to sell cars from nonexistent auto dealerships in the United States and created phony websites for these fictitious dealerships. As part of the scheme, the defendants produced and used high-quality fake passports to be used as identification by co-conspirators in the United States to open U.S. bank accounts. After the “sellers” reached an agreement with the victim buyers, they would often email them invoices purporting to be from Amazon Payments, PayPal, or other online payment services, with instructions to transfer the money to the U.S. bank accounts used by the defendants. The defendants and their co-conspirators allegedly used counterfeit service marks in designing the invoices so that they would appear identical to communications from legitimate payment services. The illicit proceeds were then withdrawn from the U.S. bank accounts and sent to the defendants in Europe by wire transfer and other methods.
The complaint and indictment describe the extent to which Popescu, in particular, led the conspiracy. Among other things, Popescu coordinated the roles of the various participants in the scheme – he hired and fired passport makers based on the quality of the fake passports they produced, supervised co-conspirators who were responsible for placing the fraudulent ads and corresponding with the victims, and ensured that the illicit proceeds transferred to the U.S. bank accounts were quickly collected and transferred to himself and others acting on his behalf in Europe. Popescu also allegedly directed Cristea to obtain and transfer luxury watches purchased using the illegal proceeds of the scheme, including three Audemars Piguet watches with a combined retail value of over $140,000, to his associates in Europe. It is estimated that the defendants earned over $3 million from the fraudulent scheme.According to the charging documents, Popescu and his close associate Bosogioiu demonstrated that they were aware of the risks of prosecution in the United States. In a recorded conversation on Oct. 23, 2011, Bosogioiu asked about the difference between federal and state law in the United States and vowed to avoid the FBI. Popescu, meanwhile, predicted on July 28, 2011, that “criminals will not be extradited from Romania to U.S.A….[I]t will never happen.”
The charges in the complaint and the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Senior Litigation Counsel Carol Sipperly of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Cristina Posa, Nadia Shihata, and Claire Kedeshian of the U.S. Attorney’s Office for the Eastern District of New York.
The offices of the FBI Legal Attachés in Romania, the Czech Republic, the United Kingdom, Canada and Hungary were instrumental in coordinating efforts with the United States’ international partners, and the U.S. government thanks its partners in Romania, the Czech Republic, Hungary, the United Kingdom, Canada and Germany for their close cooperation throughout this investigation. The Criminal Division’s Computer Crime and Intellectual Property Section, Office of International Affairs, and Asset Forfeiture and Money Laundering Section provided assistance with this investigation, as did the International Organized Crime Intelligence and Operations Center; the Internet Crime Complaint Center; the Costa Mesa, Calif., Police Department; the Orange County, Calif., District Attorney’s Office; and the New York City Police Department.
Indictment Unsealed and “Wanted” Posters Issued for Fugitives Charged with Multimillion Dollar International Cyber Fraud SchemeRead the Press Release
Earlier today, charges were unsealed against Romanian fugitive Nicolae Popescu, the leader of an international organized crime syndicate that ran a multimillion dollar cyber fraud scheme, and six other fugitives charged with participating in the same scheme. Interpol has issued red notices to foreign law enforcement partners seeking assistance in the apprehension of these fugitives, and the FBI has also released “Wanted” posters to facilitate their arrests.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Office; and Mythili Raman, Acting Assistant Attorney General of the Justice Department’s Criminal Division.
Popescu, Romanian nationals Daniel Alexe,1 Dmitru Daniel Bosogioiu, Ovidiu Cristea, and Dragomir Razvan, and a defendant who goes by the names “George Skyper” and “Tudor Barbu Lautaru,” as well as Albanian national Fabjan Meme, were originally charged in a criminal complaint with six other defendants for their participation in a cyber fraud conspiracy that targeted primarily American consumers on such U.S.-based websites as Cars.com and AutoTrader.com. Their six co-defendants were arrested in a coordinated international takedown on December 5, 2012,2 but Popescu, Alexe, Bosogioiu, Cristea, Razvan, and Meme have remained at large.
As alleged in the complaint and subsequent indictment, the defendants participated in a long-term conspiracy to saturate Internet marketplace websites including eBay, Cars.com, AutoTrader.com, and CycleTrader.com with detailed advertisements for cars, motorcycles, boats, and other high-value items – generally priced in the $10,000 to $45,000 range – that did not actually exist. The defendants employed co-conspirators who corresponded with the victim buyers by email, sending fraudulent certificates of title and other information designed to lure the victims into parting with their money. The defendants allegedly even pretended to sell cars from nonexistent auto dealerships in the United States and created phony websites for these fictitious dealerships. As part of the scheme, the defendants produced and used high-quality fake passports to be used as identification by co-conspirators in the United States, including Razvan (who previously resided in California), to open American bank accounts. After the “sellers” reached an agreement with the victim buyers, they would often email them invoices purporting to be from Amazon Payments, PayPal, or other online payment services, with instructions to transfer the money to the American bank accounts used by the defendants. The defendants and their co-conspirators allegedly used counterfeit service marks in designing the invoices so that they would appear identical to communications from legitimate payment services. The illicit proceeds were then withdrawn from the U.S. bank accounts and sent to the defendants in Europe by wire transfer and other methods.
The complaint and indictment describe the extent to which Popescu, in particular, led the conspiracy. Among other things, Popescu coordinated the roles of the various participants in the scheme – he hired and fired passport makers based on the quality of the fake passports they produced, supervised co-conspirators who were responsible for placing the fraudulent ads and corresponding with the victims, and ensured that the illicit proceeds transferred to the U.S. bank accounts were quickly collected and transferred to himself and others acting on his behalf in Europe. Popescu also allegedly directed Cristea to obtain and transfer luxury watches purchased using the illegal proceeds of the scheme, including three Audemars Piguet watches with a combined retail value of over $140,000, to his associates in Europe. It is estimated that the defendants earned over $3 million from the fraudulent scheme.
According to the charging documents, Popescu and his close associate Bosogioiu demonstrated that they were aware of the risks of prosecution in the United States. In a recorded conversation on October 23, 2011, Bosogioiu asked about the difference between federal and state law in the United States and vowed to avoid the FBI. Popescu, meanwhile, predicted on July 28, 2011, that “criminals will not be extradited from Romania to U.S.A. . . . [I]t will never happen.”
“Using forged documents and phony websites, for years Popescu and his criminal syndicate reached across the ocean to pick the pockets of hard working Americans looking to purchase cars. They thought their distance would insulate them from law enforcement scrutiny. They were wrong. By now, Popescu and his band of fugitives have seen their co-conspirators brought here to account for their crimes. Today’s actions place them squarely in the sights of our partners in international law enforcement,” said United States Attorney Lynch. “We will not stop in our efforts to find these fugitives and bring them to justice for the crimes they have allegedly committed against our citizens.”
“As alleged, the defendants infiltrated the cyber marketplace with advertisements for high-value items that didn’t exist. They siphoned funds from victims to fuel their greedy desires and created false identities, fake websites and counterfeit certificates of title in order to make the scheme more convincing. Popescu and his co-conspirators were masters of illusion, but they can’t escape their ultimate reality. With the help of our law enforcement partners at home and abroad, we will bring them to justice,” said FBI Assistant Director-in-Charge Venizelos.
“Today, we have unsealed charges – and issued “wanted” posters and Interpol red notices – for a band of dangerous cybercriminals who are alleged to have stolen millions of dollars from unsuspecting consumers around the globe,” said Acting Assistant Attorney General Raman. “As described in the indictment, the leader of this band of thieves openly proclaimed that he is beyond the reach of the U.S. criminal justice system. But with the help of our international partners, we will track down and capture every alleged member of this criminal syndicate, no matter where they are hiding.”
The charges in the complaint and the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant U.S. Attorneys Cristina Posa, Nadia Shihata, and Claire Kedeshian of the U.S. Attorney’s Office for the Eastern District of New York, and Trial Attorney Carol Sipperly of the Criminal Division’s Fraud Section.
The offices of the FBI Legal Attachés in Romania, the Czech Republic, the United Kingdom, Canada, and Hungary were instrumental in coordinating efforts with the United States’ international partners, and the U.S. government thanks its partners in Romania, the Czech Republic, Hungary, the United Kingdom, Canada, and Germany for their close cooperation throughout this investigation. The Criminal Division’s Computer Crime and Intellectual Property Section, Office of International Affairs, and Asset Forfeiture and Money Laundering Section, as well as the International Organized Crime Intelligence and Operations Center; the Internet Crime Complaint Center; the Costa Mesa, Calif., Police Department; the Orange County, Calif., District Attorney’s Office; and the New York City Police Department also provided assistance in the investigation.
_____________________________
1 Daniel Alexe may also go by the name “Alexe Daniel.”
2 Three defendants, Cristea Mircea, Ion Pieptea, and Nicolae Simion, were arrested in Romania and extradited to the United States in March 2013. Defendant Emil Butoi was arrested in the United Kingdom and also recently extradited to the United States. The Czech Republic has ordered defendant Aurel Cojocaru’s extradition and defendant Nicolae Ghebosila is still engaged in extradition proceedings in Canada.
Popescu Indictment
Popescu Complaint
Illinois Man Sentenced to Prison for Defrauding Local BusinessRead the Press Release
TALLAHASSEE, FLORIDA –John Suehr, 44, of Palatine, Illinois, was sentenced to fifteen months in federal prison today for aggravated identity theft and conspiracy to commit wire fraud.
Between 2007 and 2010, John Suehr and his co-conspirator, John “Jack” Wachowiak, 54, of Holland, Ohio, were employed as account executives for Mainline Information Systems, a Tallahassee-based reseller of computer equipment and information technology. During that time, the two men conspired to embezzle more than $700,000 from Mainline. They arranged for Mainline to purchase computer equipment ostensibly for use by Mainline clients. Wachowiak falsified emails and company records to make it appear that Mainline clients had ordered this equipment, when, in fact, they had not. When the equipment was delivered, Wachowiak and Suehr took possession of the items and either resold them or kept them for their own use.
Wachowiak pled guilty to conspiracy and aggravated identity theft in May of this year. In August, Suehr pled guilty to the same charges based upon his own role in the embezzlement. In September, Wachowiak was sentenced to two years in prison for these offenses. Both defendants were ordered to pay $767,746.48 in restitution to Mainline.
Assistant U.S. Attorney Karen Rhew-Miller prosecuted this case.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh said: “These conspirators were motivated by pure greed, and ignored the human consequences of their actions. They ripped off their own company and forged client records and communications – potentially ruining the financial reputations of both the corporation and its customers. This sentence should serve as a clear warning to those who may be tempted to line their own pockets by abusing positions of trust and influence.” Ms. Marsh commended the work of the FBI for their exceptional investigative work that contributed to these convictions.Guyanan Citizen Sentenced to 104 Months’ Imprisonment for Drug TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Augustine DeCruz, age 59, was sentenced Wednesday by United States District Judge A. Richard Caputo to 104 months’ imprisonment for possession with intent to distribute cocaine and crack cocaine and possessing and carrying a firearm during, in relation to, and in furtherance of possessing with intent to distribute cocaine and crack cocaine. DeCruz, a native and citizen of Guyana, who is in the United States illegally, formerly resided in Wilkes-Barre, Pennsylvania.
According to United States Attorney Peter J. Smith, on February 10, 2011 and February 16, 2011, members of the Pennsylvania State Police Vice and Narcotics Unit based at PSP Wyoming, Luzerne County, executed search warrants on DeCruz’s residence located on Pennsylvania Avenue, Wilkes-Barre, Luzerne County. During the search, troopers seized approximately 77 grams of cocaine base, (crack cocaine), 85 grams of cocaine hydrochloride (powder cocaine), two handguns, a rifle, approximately $2,500 in U.S. currency, a surveillance system, and a large amount of packaging material.
In addition to the items found during the search warrant of DeCruz’s residence, police were able to make multiple controlled purchases of cocaine from DeCruz during transactions that occurred in Wilkes-Barre, Pennsylvania. After his arrest by local authorities, DeCruz’s criminal case was adopted for federal prosecution.
The investigation was conducted by the U.S. Department of Homeland Security, Homeland Security Investigations and the Pennsylvania State Police. The case was prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
Guilford Podiatrist Sentenced to 30 Months in Federal Prison for Defrauding MedicareRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that RICHARD SOKOLOFF, 70, of Guilford, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 30 months of imprisonment, followed by 18 months of supervised release, for defrauding Medicare.
“Medicare fraud is a serious crime” said Acting U.S. Attorney Daly. “Doctors and other medical providers need to know that they risk jail time if they defraud the Medicare program. As this sentence makes clear, doctors will also be held accountable when they attempt to obstruct justice by falsifying records to cover up their crimes.”
According to court documents and statements made in court, SOKOLOFF was a podiatrist with a practice at 652 Boston Post Road in Guilford. Between July 2008 and February 2012, SOKOLOFF engaged in a health care fraud scheme by submitting claims to Medicare for avulsion of nail plate services that were not rendered. An avulsion of nail plate service, or “nail avulsion,” is a surgical procedure to treat ingrown toenails. The procedure involves the surgical separation and removal of all or part of a toenail from the tip of the nail back to the base of the nail. Pursuant to relevant Medicare policies, the procedure is required to be performed using injectable anesthesia, unless the patient is devoid of sensation or there are other extenuating circumstances. Injectable anesthesia is necessary to perform a partial or full nail avulsion to avoid causing extreme pain to the patient.
SOKOLOFF commonly provided only “routine foot care” services to his Medicare patients, such as simply trimming or clipping their toenails, yet he regularly submitted claims to Medicare as if he had performed nail avulsion surgical procedures. Routine foot care is typically not a payable service under relevant Medicare regulations except in limited circumstances for patients with certain systemic conditions and/or other significant medical issues. SOKOLOFF also did not use an injectable anesthetic while supposedly providing nail avulsion services.
When Medicare requested that SOKOLOFF provide documentation to substantiate his nail avulsion services, SOKOLOFF created and back-dated patients progress notes to make it appear that the avulsion of nail plate services had been performed when, in fact, they had not been performed.
Judge Arterton ordered SOKOLOFF to pay $213,676 in restitution to Medicare, which includes fraudulent claims dating back to 2008.
On June 26, 2013, SOKOLOFF waived his right to indictment and pleaded guilty to one count of health care fraud.
This investigation was conducted by special agents from the Office of Inspector General for the Department of Health and Human Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Richard M. Molot and Auditor Kevin Saunders.
Acting U.S. Attorney Daly encourages individuals who suspect health care fraud to report it by calling the Health Care Fraud Task Force at (203) 777-6311 or. 1-800-HHS-TIPS.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Goodwin, Law Enforcement Leaders Unveil Permanent Putnam Co. Prescription Collection Bin; Urge West Virginians to Join Prescription Drug Take-back on SaturdayRead the Press Release
Saturday’s event is the seventh national Prescription Drug Take-Back event
WINFIELD, W.Va. - United States Attorney Booth Goodwin, joined by Drug Enforcement Administration (DEA) Resident Agent in Charge Suzan Williamson and Putnam Co. Sheriff Steve Deweese, today asked West Virginians to reach into their home medicine cabinets and pull out any unused, unwanted or expired prescriptions and turn them in at a drop-off site on Saturday as part of National Prescription Drug Take-Back Day. The three officials gathered in Winfield to unveil the Putnam County Sheriff’s Department’s new permanent prescription drug collection box.
The latest national Prescription Drug Take-Back Day will be held on Saturday, October 26, 2013, from 10 a.m. to 2 p.m. More than 130 locations across the state will serve as designated drop-off sites for Saturday’s event. This Saturday’s event is the seventh national Prescription Drug Take-Back. To date, the take-back initiative has removed more than 11 tons of unwanted prescription drugs from homes and medicine cabinets in the Mountain State, and more than 1,409 tons nationwide.
“We’ve seen overwhelming response in our first six take-back events,” said U.S. Attorney Goodwin. “That strong public reaction tells us there’s a huge need for places to dispose of unwanted prescription drugs. Putnam County has answered that need with this permanent collection box. I hope to see more local governments follow their lead.”
Goodwin continued, “For many people, particularly teenagers, the road to addiction starts with pills they find in their parents’ or grandparents’ medicine cabinets. That’s why prescription drug take-back programs are so important. I urge everyone to clean out their medicine cabinets and drop off unneeded medications at a take-back site this Saturday.”
Putnam County’s new permanent prescription drug collection box was made possible through a partnership between the Putnam Wellness Anti-Drug Coalition and the Putnam County Sheriff’s Department. The collection unit, which will be accessible for citizen prescription drug drop-offs beginning Saturday, October 26 (Prescription Drug Take-Back Day), is located at the Putnam County Sheriff’s Department. Citizens can drop off any unused and unwanted medications at the new site or any of the designated sites across the state with no questions asked.
Saturday’s Take-Back event provides an opportunity for people who missed previous events, or who have accumulated unwanted, unused prescription drugs since the last take-back event, to safely dispose of those medications.
For more information about take-back locations in West Virginia, please visit www.dea.gov and follow the link for National Prescription Take-Back Day.
Gallatin County Woman Pleads Gulty to Conspiring to Manufacture MethamphetamineRead the Press Release
Angela Seavers, 35, of Ridgeway, Illinois, pled guilty today in United States District Court in Benton to an indictment charging her with conspiring with others to manufacture methamphetamine, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on May 9th, alleged that the conspiracy existed between February 2012 and March 13, 2013, in Gallatin County.
Sentencing was set for February 7, 2014, at 11:00 a.m. at the United States District Courthouse in Benton. At that time, Seavers faces up to 20 years’ imprisonment, a $1 million fine, and 3 years of supervised release to follow her incarceration.
Seavers has been held in the custody of the United States Marshal since her bond was revoked in September. She was again remanded to the custody of the Marshal to await sentencing.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and is being prosecuted by Assistant United States Attorney James M. Cutchin.
Freddy Wayne Jimenez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was sentenced to a term of:
Prison: 210 months
Special Assessment: $1,000
Supervised Release: 3 years
JIMENEZ was sentenced after a federal district court trial in which he was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles. JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Four from Northeast Ohio Indicted for Identity-Theft Scheme That Defrauded Six States Out of $361,000Read the Press Release
Four people from Northeast Ohio were indicted for operating an identity-theft scheme which they used to defraud six states out of more than $361,000 in unemployment benefits, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Darnell Nash, age 29, of Cleveland Heights, Kennard Berts, age 20, of Cleveland Heights, Dwayne Buchannan, Jr., age 22, of Cleveland, and Justin Davis, age 26, of Cleveland Heights, are named in the 33-count indictment. The charges include conspiracy to commit mail and wire fraud, mail fraud, wire fraud, aggravated identity theft and money laundering.
“These defendants took advantage of people looking for help, then defrauded funds that were designed to assist those out of work and facing hard times,” Dettelbach said.
The indictment alleges that the defendants executed a “fictitious employer” scheme from about March 2012 to January 2013.
Nash, Berts, Buchanan and Davis prepared and distributed flyers in low-income areas that appeared to be from the “Full Circle Fund” which purportedly provided assistance vouchers for rent, food, furniture, clothing and cash to individuals. Individuals distributing the flyers were instructed by Nash to distribute the flyers in downtown areas and avoid neighborhoods, according to the indictment.
The flyers directed people to call a toll-free number. Callers to the Full Circle Fund were required to provide their names, dates of birth and Social Security numbers, according to the indictment.
Nash and others then submitted false paperwork to states’ unemployment-insurance offices in which the defendants registered 10 companies that did not actually exist and reported non-existent earnings for fictitious employees, according to the indictment.
The defendants then submitted false claims for unemployment-insurance benefits of the purported employees in California, Ohio, North Carolina, Texas, Indiana and Kansas. In doing so, the defendants used actual individuals’ personal identifying information that the defendants had obtained through misrepresentations, according to the indictment.
Unemployment insurance benefits cards for the fictitious employees were then mailed to at least five different addresses in Ohio. The debit cards were collected at maintained at Nash’s residence in Cleveland Heights. The defendants then used the debit cards at various ATMs to withdraw the money, according to the indictment.
Approximately $361,341 in fraudulent unemployment benefits were paid as a result of this scheme, according to the indictment.
Nash deposited more than $200,000 in cash into two personal bank accounts in 2012, representing proceeds from the scheme. He also purchased a 2008 Land Rover for $35,000 using money from the scheme, according to the indictment.
The case is being prosecuted by Assistant United States Attorneys, Robert W. Kern, M. Kendra Klump, and James Morford following an investigation by the Department of Labor’s Office of the Inspector General, the United States Secret Service, the United States Postal Inspector, and the Social Security Administration’s Office of Inspector General. Cleveland Heights Police Department also assisted the investigation.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Four Former City Officials in Martin, Ky Indicted on Fraud ChargesRead the Press Release
Indictment Charges the Former Mayor and Her Daughter
LONDON, KY - A former mayor of Martin, KY., her daughter, and two other city employees have been indicted for engaging in a scheme to defraud the Social Security Administration (SSA) and to misapply federal funds.
The federal indictment filed on Wednesday names former Martin Mayor Ruth Thomasine Robinson, 69; her daughter, Rita Christine Whicker, 42, who formerly directed the Martin Community Center; Ginger Michelle Halbert, 42, a volunteer city employee who worked closely with Robinson; and Ethel Lee Clouse, 68, the bookkeeper for the city.
All four defendants have been charged with conspiracy to defraud the SSA, an agency of the United States; theft of social security disability benefits; and aggravated identity theft. Halbert, Whicker, and Robinson were also charged with misappropriating money from a federal program. The final count of the indictment charges Halbert with knowingly failing to report her employment and earnings to the Social Security Administration.
According to the indictment, from 2006 until January 2013, Halbert, who purportedly worked on a volunteer basis, was secretly being paid with federal funds that were primarily intended for the Martin Community Center and the Martin Housing Authority. To conceal the scheme, the defendants allegedly arranged for the checks to be made payable to Halbert’s son.
The indictment further alleges that Halbert, who was receiving social security disability benefits, intentionally failed to notify SSA of her earned income from the city of Martin. Under federal law, anyone who receives disability benefits is limited in the amount of money he or she can receive from another source and all income must be reported to the SSA so it can properly determine eligibility for benefits.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge of the Federal Bureau of Investigation, Guy Fallen, Special Agent in Charge, Social Security Administration, Office of the Investigator General, Office of Investigations, and Jack Conway, Attorney General of Kentucky, jointly made the announcement today.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation, Social Security Administration, and the Attorney General’s Office. The indictment was presented to the grand jury by Assistant United States Attorney Kenneth R. Taylor.
The defendants’ appearance before the United States District Court has not yet been set by the Court in Pikeville. The charges of conspiracy and social security fraud carry a maximum of 5 years in prison; the charge of misappropriating money from a federal program carries a maximum penalty of 10 years in prison; and the aggravated identity theft charge has a mandatory minimum penalty of two years in prison upon a conviction.
The indictment of a person by a grand jury is an accusation only, and that person is presumed innocent unless proven guilty.
Former School Employee Sentenced to 20 Years for Child Sexual ExploitationRead the Press Release
Project Safe Childhood
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former employee of the Joplin, Mo., school district was sentenced in federal court today for sexually exploiting several child victims.
Ronny Justin Myers, 35, of Joplin, was sentenced by U.S. District Judge Beth Phillips to 20 years in federal prison without parole. The court granted the government’s motion for an upward variance and sentenced Myers to a longer prison term than was recommended under the federal sentencing guidelines (151 to 188 months). Following his prison term, Myers will be on supervised release for the rest of his life. The court also ordered Myers to pay $5,000 in restitution to a 14-year-old victim (identified in court documents as “C.A.”).
On May 13, 2013, Myers pleaded guilty to transferring obscene material to a minor and to enticing a minor for criminal sexual activity. At the time of his arrest, Myers had been employed as an assistant network systems administrator for the Joplin school district since December 2005.
According to court documents, Myers contacted C.A. via Facebook in November 2012. This contact prompted C.A. to disclose to a school counselor that she had been repeatedly sexually molested by Myers when she was between the ages of 8 and 12. A law enforcement officer assumed C.A.’s identity and began communicating with Myers. These Internet exchanges became very graphic and Myers sent obscene images to C.A.
On Feb. 15, 2013, Myers attempted to entice C.A. to meet him in order to engage in sexual activity during his lunch hour from work. Myers drove to the Joplin mall to pick up C.A. but was met by law enforcement officers who were waiting for him. Myers avoided capture and led police on a high speed car chase through the city of Joplin before being arrested.
During an interview with law enforcement officers, Myers admitted that he had sexually molested three young girls (ages 6, 9 and 11). He also admitted that he secretly recorded a 17-year-old engaging in sexual activity.
Myers also told law enforcement officers that he secretly stored child pornography on his computer. He stated that he had approximately 10 child pornography images of Joplin school district students, four of whom have been identified and range in age from 15 to 16 years old. Myers discovered those images when he accessed the students’ laptop computers.
This case was prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by Southwest Missouri Cyber Crimes Task Force, the Baxter, Kan., Police Department and the FBI.Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Former Owner of Salt Lake City Medical Equipment Supply Company Indicted and Three Company Employees Plead Guilty for Roles in Medicare Fraud SchemeRead the Press Release
A former owner of a Salt Lake City medical equipment supply company has been indicted and three former company employees have pleaded guilty for allegedly engaging in a $20 million Medicare fraud scheme.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney David B. Barlow of the District of Utah, Special Agent in Charge Mary Rook of the FBI’s Salt Lake City Field Office, Special Agent in Charge Gerry Roy of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Kansas City Regional Office, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service’s (DCIS) Southwest Field Office made the announcement.
Jacob Kilgore, 34, of Fruit Heights, Utah, was indicted in the District of Utah on three counts of health care fraud, three counts of false statements relating to health care matters, and three counts of wire fraud.
According to court documents, Kilgore was the co-owner, vice president, and regional sales manager of Orbit Medical Inc. (Orbit), a durable medical equipment supplier located in Salt Lake City specializing in power wheelchairs. From approximately September 2008 through June 2011, Kilgore allegedly directed a scheme to defraud Medicare by submitting false and fraudulent claims to Medicare for power wheelchairs. Court documents allege that Kilgore and others falsified medical records – including power wheelchair prescriptions and chart notes obtained from physicians – to make it appear that beneficiaries qualified to receive power wheelchairs when they did not and that the claims otherwise met all Medicare requirements. Kilgore and others then used these falsified documents to support false and fraudulent claims from Orbit to Medicare.
Additionally, former Orbit sales representatives Morgan Workman, 35, of Farmington, Utah; David Evans, 29, of South Jordan, Utah; and Hunter Hartman, 29, of Ladera Ranch, Calif., have each pleaded guilty to conspiring to commit health care fraud, based on the same alleged scheme to defraud Medicare. They are awaiting sentencing.
The scheme allegedly resulted in more than $20 million in claims from Orbit to Medicare for power wheelchairs, of which Medicare paid more than $15 million.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The case was investigated by the FBI, HHS-OIG and DCIS. This case is being prosecuted by Trial Attorney Niall M. O’Donnell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark Y. Hirata of the U.S. Attorney’s Office for the District of Utah.
Former Owner of Salt Lake City Medical Equipment Supply Company Indicted and Three Company Employees Plead Guilty for Roles in Medicare Fraud SchemeRead the Press Release
SALT LAKE CITY - A former owner of a Salt Lake City medical equipment supply company has been indicted and three former company employees have pleaded guilty for allegedly engaging in a $20 million Medicare fraud scheme.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney David B. Barlow of the District of Utah, Special Agent in Charge Mary Rook of the FBI’s Salt Lake City Field Office, Special Agent in Charge Gerry Roy of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Kansas City Regional Office, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service’s (DCIS) Southwest Field Office made the announcement.
Jacob Kilgore, 34, of Fruit Heights, Utah, was indicted in the District of Utah on three counts of health care fraud, three counts of false statements relating to health care matters, and three counts of wire fraud.
According to court documents, Kilgore was the co-owner, vice president, and regional sales manager of Orbit Medical Inc. (Orbit), a durable medical equipment supplier located in Salt Lake City specializing in power wheelchairs. From approximately September 2008 through June 2011, Kilgore allegedly directed a scheme to defraud Medicare by submitting false and fraudulent claims to Medicare for power wheelchairs. Court documents allege that Kilgore and others falsified medical records – including power wheelchair prescriptions and chart notes obtained from physicians – to make it appear that beneficiaries qualified to receive power wheelchairs when they did not and that the claims otherwise met all Medicare requirements. Kilgore and others then used these falsified documents to support false and fraudulent claims from Orbit to Medicare.
Additionally, former Orbit sales representatives Morgan Workman, 35, of Farmington, Utah; David Evans, 29, of South Jordan, Utah; and Hunter Hartman, 29, of Ladera Ranch, Calif., have each pleaded guilty to conspiring to commit health care fraud, based on the same alleged scheme to defraud Medicare. They are awaiting sentencing.
The scheme allegedly resulted in more than $20 million in claims from Orbit to Medicare for power wheelchairs, of which Medicare paid more than $15 million.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.Kilgore is scheduled to make an initial appearance on the charges on Nov. 21, 2013, at 10:15 a.m. in U.S. Magistrate Judge Brooke Wells’ courtroom.
The case was investigated by the FBI, HHS-OIG and DCIS. This case is being prosecuted by Assistant U.S. Attorney Mark Y. Hirata of the U.S. Attorney’s Office in Utah and DOJ Trial Attorney Niall M. O’Donnell of the Criminal Division’s Fraud Section.Former Mount Sinai Medical Center Temporary Employee Convicted in Identity Theft Tax Refund Scheme Involving the Theft of Patient InformationRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Steven Steinberg, Chief, Aventura Police Department, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Thomas Caul, Special Agent in Charge, U.S. Social Security Administration, Office of Inspector General (SSA-OIG), announce that defendant Oliver Gayle, 43, of Miami, was convicted in an identity theft tax refund scheme involving the theft of patient information.
Specifically, Oliver Gayle was found guilty of one count of possession of 15 or more unauthorized access devices, that is, debit cards and social security numbers of other persons with corresponding names and dates of birth, in violation of Title 18, United States Code, Sections 1029 (a)(3) and 2; three counts of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2; and one count of possessing, using and attempting to use a U.S. visa knowing it to be forged, counterfeited altered and falsely made, in violation of Title 18, United States Code, Section 1546 (a).
According to testimony and evidence presented at trial, on February 27, 2013, the Aventura Police Department stopped a vehicle driven by Gayle after being alerted by a U.S. bank of an individual who attempted to cash a fraudulent check. Gayle presented a Jamaican passport as his form of identification. During an inventory search of the vehicle driven by Gayle, officers uncovered a black bag containing over 100 printouts from Mt. Sinai Medical Center Account Inquiry Processor with multiple names, dates of birth, social security numbers, and addresses of patients on each printout. Additionally, photocopies of checks written to Mt. Sinai Medical Center from various individuals with a photocopy of the corresponding billing statement from Mt. Sinai were found in the bag.
According to court documents and trial testimony, during a consensual search of Gayle's residence, law enforcement found multiple printouts from Mt. Sinai Medical Center that appeared similar to the ones found in his black bag. Law enforcement also found copies of U.S. Treasury checks; a document labeled “HIT LIST” with a list of names, Social Security numbers and dates of birth; several tax returns in the names of other individuals; multiple Tax Act and Turbo Tax pre-paid debit cards issued in the names of other individuals; a Jamaican passport in Gayle's name containing a counterfeit U.S. visa; and, an identification badge for Mt. Sinai Medical Center with Gayle’s name and photo.
Sentencing is scheduled for January 9, 2014 at 10:00 a.m. before U.S. District Judge Donald L. Graham. At sentencing, Gayle faces up to 10 years in prison on the access device fraud count, to be served consecutively by two years in prison for each count of aggravated identity theft, and a maximum of 10 years in prison on the fraud and misuse of visas, permits and other documents count.
Mr. Ferrer commended the investigative efforts of the Identity Theft Tax Refund Strike Force, with special commendation to the IRS-CI, Aventura Police Department, ICE-HSI and SSA-OIG. The case is being prosecuted by Assistant U.S. Attorneys Elina A. Rubin-Smith and Michael J. Garofola.
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.
Former Hudson County, N.J., Teacher Pleads Guilty to Distributing Images of Child Sexual Abuse over the InternetRead the Press Release
TRENTON, N.J. – A former substitute teacher at a private school in Jersey City, N.J., today admitted to distributing images of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Guy West, 45, of Jersey City, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of distribution of child pornography. West was working as a permanent substitute teacher who regularly taught and supervised children between the ages of 2 and 14 at the time of his January 2013 arrest.
According to documents filed in the case and statements made during West’s guilty plea proceeding:
West admitted that on Dec. 18, 2012, he made images and videos of child pornography available that were stored on his home computer for others to download via a peer-to-peer file-sharing network. On that date, an undercover law enforcement agent successfully downloaded 120 images and 24 videos of child sexual abuse from West via the file-sharing network.
As part of his guilty plea, West agreed to forfeit the computers and computer accessories he used to commit the offense.
The count of distributing child pornography to which West pleaded guilty carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Feb. 4, 2014.
U.S. Attorney Fishman credited special agents of the FBI, Newark Division’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark; officers of the Jersey City Police Department, under the direction of Chief of Police Robert Cowan; and the Hudson County Prosecutor’s Office, under the direction of Acting Prosecutor Gaetano T. Gregory with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office General Crimes Unit in Newark.
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Defense counsel: Nace Naumoski Esq., Roseland, N.J.
West, Guy Information
Former FAMU Student Sentenced to Prison for Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA– Christopher J. Wright, 23, of Ft. Lauderdale, Florida, was sentenced today to two years in federal prison for aggravated identity theft and access device fraud arising from a scheme to steal financial aid monies from students at the Florida Agricultural and Mechanical University.
While students at FAMU in 2010, Wright and his co-defendants, Carliss Pereira, 22, of Tallahassee, and Carl Coutard, 22, of Miami Shores, Florida, discovered a means of accessing the financial aid accounts of other students in FAMU’s iRattler computer system. The defendants obtained the usernames, passwords, and other personal identifying information of their fellow students by taking paperwork discarded in the trash bins near the FAMU computer help desk, by gathering information from public sources on the internet, and by tricking FAMU employees and the students themselves into providing this information. The defendants used the information to log on to the financial aid accounts of students who were scheduled to receive financial aid refunds. The defendants then changed the bank account and routing numbers in the victims’ financial aid accounts to divert the victims’ financial aid refunds to pre-paid debit cards held by the defendants. In all but a few cases, FAMU was able to reverse the fraudulent transfers.
Pereira and Coutard pled guilty to access device fraud and aggravated identity theft charges earlier this year. Coutard was sentenced to six months of home detention and six months of community confinement, and was ordered to perform 80 hours of community service, as conditions of a three-year term of supervised release. Pereira was sentenced to a three-year term of supervised release with conditions that he serve four months of home detention and two months of community confinement. Pereira was also ordered to perform 80 hours of community service and to pay $3,983 in restitution to FAMU.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh said, “Today’s sentence sends a clear message that engaging in this type of criminal conduct will have serious consequences, including the real possibility of a felony conviction and a prison term. The defendants in this case quite literally breached the security of their university, in an effort to victimize their fellow students.” Ms. Marsh expressed her deep gratitude to the FBI, the FAMU Police Department, the United States Department of Education – Office of Inspector General, the Florida Department of Law Enforcement, and the United States Secret Service, whose excellent investigative work resulted in these prosecutions. Assistant U.S. Attorney Karen Rhew-Miller prosecuted the case.Former Employee Sentenced to Federal Prison for Stealing from BankRead the Press Release
McALLEN, Texas – Armando Ruben Aleman, 28, of Weslaco, has been ordered to federal prison following his conviction of one count of embezzlement, announced United States Attorney Kenneth Magidson. Aleman pleaded guilty March 27, 2013, admitting he stole more than $190,000 from the bank account of a deceased customer of BBVA Compass Bank in Mission while Aleman was an employee at that bank.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, sentenced Aleman to 12 months in federal prison without parole to be followed by two years of supervised release. At the hearing, testimony was presented by the heir to the deceased bank customer, who was entitled to receive the money in the account from which Aleman stole the funds. The heir told the court that while he harbored no resentment toward Aleman, the defendant had brought the consequences of his crime upon himself through his actions. Judge Alvarez noted that while the bank had paid the heir the money owed to him, the bank had not been able to recoup all of the lost amount from Aleman. Therefore, the court ordered Aleman to pay the remaining, unrecovered $61,772 in restitution to the bank.
In determining the sentence, the court considered that Aleman had used another bank customer’s identifying information to open a bank account without authorization in order to hide the stolen funds. The court noted that the customer, through no fault of his own, was experiencing difficulties opening bank accounts because of the account Aleman had fraudulently opened using that customer’s name.
At the time of the guilty plea, Aleman admitted that during more than half of last year, while he was employed at BBVA Compass Bank, he emptied a deceased client’s account before the executor of the client’s will could retrieve the funds.
Aleman withdrew cash and forged cashier’s checks in the deceased client’s name in order to steal the funds from his account. Then, Aleman transferred the funds into an account he opened at Chase Bank using a stolen identity from another person. Aleman managed to spend and transfer to himself more than $70,000 from the fraudulently-opened Chase account before his scheme was discovered and the bank froze the account.
Aleman was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Secret Service with the assistance of the FBI. Assistant U.S. Attorney Christopher Sully prosecuted the case.
Former Elgin Man Sentenced to 30 Years in Federal Prison for Gun and Drug CrimesRead the Press Release
CHICAGO — A former Elgin man was sentenced to 30 years in federal prison after being convicted of firearms and narcotics crimes at trial this past summer, federal law enforcement officials announced today. The case is another example of successful cooperation between federal, state and local law enforcement partners in investigating and prosecuting dangerous gun and drug offenders in northern Illinois.
JOEL RIVAS, 35, who resided in Chicago when he was arrested in 2010, was sentenced yesterday by U.S. District Judge Amy J. St. Eve, who said the lengthy sentence was necessary to protect society.
“Although drug trafficking may provide a steady source of income for people unwilling to do the hard work required for legitimate employment, such behavior is reprehensible and should be severely punished,” prosecutors said in a sentencing memo. “The sentence may help to deter others from making the same poor choices as [Rivas].”
Rivas was sentenced as an Armed Career Criminal after being convicted at trial in July of conspiracy to distribute more than five kilograms of cocaine, possession of cocaine and marijuana, and illegally possessing two guns, both as a previously convicted felon and in furtherance of drug trafficking.
Evidence in the case showed that between 2007 and 2010, Rivas and co-defendant ISMAEL MIRANDA, 36, also formerly of Elgin, distributed wholesale amounts of cocaine and marijuana to customers in northern and central Illinois. Rivas and Miranda rented a storage unit in Elgin to conduct their business of storing, packaging, and selling narcotics. In February 2010, Elgin police searched the storage unit and seized cocaine and marijuana, as well as a loaded .357 caliber handgun in a tool box and a 9 mm caliber handgun inside a desk.
Rivas’ lengthy sentence was determined, in part, by his status as an Armed Career Criminal under federal law, based on his previous convictions dating to the 1990s for various state narcotics offenses. Judge St. Eve also found that Rivas lied during his testimony at trial. Miranda previously pleaded guilty and was sentenced to 20 years in federal prison. The case is just one example of lengthy federal prison sentences that defendants face when convicted of serious firearm and narcotics charges. Other recent examples may be found at: www.psnchicago.org/prosecutions.html.
The government was represented by Assistant U.S. Attorneys Joseph Thompson and Erika Csicsila.
The sentences were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Constance Hester, Acting Special Agent-in-Charge of the Chicago Office of ATF. The Elgin Police Department, the Illinois State Police and other state and local law enforcement agencies assisted in the investigation and trial.
Former Commander of Mexican State Police and Member of the Gulf Cartel Sentenced for Drug ConspiracyRead the Press Release
Gilberto Lerma Plata, a former commander of the Mexican State Police and member of the Gulf Cartel, was sentenced today to serve 151 months in prison for conspiring to import multi-ton quantities of marijuana into the United States, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Administrator Michele M. Leonhart of the Drug Enforcement Administration (DEA).
Lerma Plata, 50, was sentenced before U.S. District Judge Colleen Kollar-Kotelly in the District of Columbia. In addition to his prison term, Lerma Plata was ordered to forfeit $10 billion in drug proceeds as part of a money judgment. At a post-trial hearing, the United States proved that from 2006 to 2011, the Gulf Cartel distributed in excess of 1.4 million kilograms of cocaine and 8,000 metric tons of marijuana. The money judgment represents the gross receipts of the Gulf Cartel’s drug sales into the United States from its principal distribution centers located along the U.S.-Mexico border.
“Gilberto Lerma Plata chose his own interests and those of the Gulf Cartel over fulfilling his duty to protect the Mexican people,” said Acting Assistant Attorney General Raman. “As a police officer, the defendant should have fought narco-traffickers; but, instead, he helped those traffickers transport massive quantities of dangerous drugs into the U.S. Today, this former crime fighter will start serving his prison sentence alongside the cartel members he assisted and will be required to forfeit 10 billion dollars in ill-gotten gains - a fitting end to his criminal career.”
On July 29, 2011, Lerma Plata was charged with conspiracy to manufacture and distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana for importation into the United States. Lerma Plata was arrested in McAllen, Texas, on April 6, 2012. On March 1, 2013, Lerma Plata pleaded guilty to conspiracy to import multi-ton quantities of marijuana into the United States.
Lerma Plata was employed as the commander of the state police in Miguel Aleman, Tamaulipas, Mexico. According to court documents, Lerma Plata was on the Gulf Cartel’s payroll while he was employed by the state police, and he used his position of authority to engage in drug trafficking activities with the cartel. Lerma Plata also contributed to the acts of violence committed by the cartel in its efforts to control drug trafficking routes to the United States by aiding in the procurement of firearms. Intercepted conversations revealed that Lerma Plata and high ranking members of the Gulf Cartel discussed the shipment of large quantities of marijuana for distribution in the United States as well as the transportation from the United States of proceeds from the sales of the drugs. These intercepted conversations also revealed that Lerma Plata obtained AK-47 and AR-15 assault rifles, as well as pistols, for members of the cartel.
The investigation in this case was led by the DEA’s Houston Field Division and the DEA Bilateral Investigation Unit and was part of a DOJ Organized Crime and Drug Enforcement Task Force investigation. The case was prosecuted by Trial Attorney Adrián Rosales of the Criminal Division’s Narcotic and Dangerous Drug Section.
Former Alabama Tax Return Preparer Sentenced for Tax Fraud and Aggravated Identity TheftRead the Press Release
Bridgett Terry-Sankey of Montgomery, Ala., was sentenced today to serve 24 months and one day of imprisonment for filing a false claim and aggravated identity theft, announced Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney for the Middle District of Alabama George L. Beck Jr.
Terry-Sankey previously pleaded guilty to one count of filing a false claim and one count of aggravated identity theft on June 18, 2013. According to court documents, Terry-Sankey worked as a tax preparer at Davis Professional Tax in Montgomery. Terry-Sankey admitted that while employed at Davis Professional Tax she prepared and electronically filed four false 2010 federal income tax returns using the means of identification of actual individuals without their knowledge or permission. Terry-Sankey then caused the false refunds to be deposited onto debit cards or issued as refund anticipation loans, and she used the false refunds for her personal benefit.
This case was investigated by Special Agents of the Internal Revenue Service (IRS) - Criminal Investigation. Tax Division Trial Attorneys Alexander Effendi and Jason H. Poole and Assistant U.S. Attorney Todd Brown prosecuted the case.
Florida Doctor Convicted of Federal Tax CrimesRead the Press Release
Dr. Patricia Lynn Hough, of Englewood, Fla., was convicted today by a jury in Fort Myers, Fla., of conspiring to defraud the Internal Revenue Service (IRS) by concealing millions of dollars in assets and income in offshore bank accounts at UBS and other foreign banks, and of filing false individual income tax returns which failed to report the existence of those foreign accounts or the income earned in those accounts, the Justice Department and the Internal Revenue Service (IRS) announced today.
According to court documents and court proceedings, Hough owned two Caribbean-based medical schools – The Saba University School of Medicine located in Saba, Netherlands Antilles, and The Medical University of the Americas located in Nevis, West Indies. Hough conspired to defraud the IRS with her husband, Dr. David Fredrick, who is awaiting trial. They carried out the conspiracy by creating and using nominee entities, including a foundation, and undeclared accounts in their names and the names of nominee entities at UBS and other foreign banks to conceal assets and income from the IRS. Both schools and associated real estate were sold on April 3, 2007, for more than $35 million, all of which was deposited into undeclared accounts in the name of the nominee entities. The majority of the sale proceeds were not reported to the IRS on their tax returns and no tax was paid.
The evidence at trial further proved that Hough and her co-conspirator used emails, telephone calls and in-person meetings to instruct Swiss bankers and asset managers to make investments and transfer funds from their undeclared accounts at UBS. The evidence established that Hough and her co-conspirator caused funds from the undeclared accounts in the names of the medical schools to be transferred to undeclared accounts in their individual names or in the names of nominee entities. Hough and her husband then used the funds in their undeclared accounts to purchase an airplane, two homes in North Carolina and a condominium in Sarasota, Fla.
Hough was also convicted of four counts of filing false tax returns for 2005, 2006, 2007 and 2008. The evidence at trial established that Hough filed false tax returns that substantially understated her total income because she failed to report substantial interest and investment income and in 2007 because she failed to report her half of the proceeds from the sale of the medical schools. In addition, Hough failed to report on Schedule B of the tax returns that she had an interest in or signature or other authority over bank, securities or other financial accounts located in foreign countries.
U.S. citizens, resident aliens and legal permanent residents of the United States have an obligation to report to the IRS on Schedule B of a U.S. Individual Income Tax Return, Form 1040, whether they have a financial interest in, or signature authority over, a financial account in a foreign country in a particular year by checking “Yes” or “No” in the appropriate box and identifying the country where the account is maintained. U.S. citizens and residents also have an obligation to report all income earned from foreign bank accounts on their tax returns.
“Today's jury verdict is another example that those who would attempt defraud the IRS by hiding income and assets in offshore accounts risk prosecution and, upon conviction, potentially significant jail time,” said Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division. “In the end, they will still owe taxes due and face severe civil penalties.”“Dr. Hough's financial transactions were nothing more than a shell game to hide her income,” said Richard Weber, Chief, IRS-Criminal Investigation. “Her earned income was placed into foreign bank accounts to advance her tax fraud. Taxpayers participating in international tax fraud are under the watchful scrutiny of the IRS, and stopping them is one of our highest priorities."
U.S. District Judge John Steele scheduled sentencing for Feb. 10, 2013. The conspiracy count carries a maximum potential penalty of five years in prison and a $250,000 fine. The false return counts each carry a maximum potential penalty of three years in prison and a $250,000 fine.
This case was prosecuted by Trial Attorneys Caryn Finley and Leigh Kessler of the Justice Department’s Tax Division and was investigated by IRS – Criminal Investigation. Tax Division Assistant Attorney General Kathryn Keneally thanks them for their work, and also thanks the U.S. Attorney’s Office for the Middle District of Florida, Fort Myers Division, for their assistance and support in the prosecution.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.Flight Attendant and Co-Conspirator Indicted for Heroin SmugglingRead the Press Release
Orlando, Florida – Acting United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Carlos Luis Alomar-Baello (43, Davenport) and Carla Michelle Alvarado (33, Kissimmee) with conspiracy to possess with intent to distribute one kilogram or more of heroin. If convicted, Alomar and Alvarado each face a minimum penalty of ten years and a maximum penalty of life in federal prison.
According to the indictment and other court documents, on September 28, 2013, Alvarado, a Jet Blue flight attendant, tried to smuggle almost one kilogram of heroin through U.S. Customs at the Orlando International Airport. After landing on a flight from Bogota, Colombia, Alvarado was selected for inspection by Customs officers. The officers discovered the heroin hidden inside a body suit that Alvarado was wearing underneath her uniform. Agents identified Alomar as the intended recipient of the heroin. The next day, agents arranged a meeting with Alomar, who was arrested after taking possession of a bag he thought contained the heroin. Agents searched Alomar’s home and found more heroin that he had hidden there.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration with assistance from U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Bruce Ambrose.
Felipe Jesus Parra-Flores Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2014, before Chief U.S. District Judge Dana L. Christensen, FELIPE JESUS PARRA-FLORES, a 46-year-old resident of Nampa, Idaho and Medicine Lake, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Forfeiture: computers and hard drives
Supervised Release: 15 years
PARRA-FLORES was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In May 2012, as part of a Montana Internet Crimes Against Children Task Force (ICAC) investigation, agents downloaded known child pornography files from an IP address they determined was in Medicine Lake. The agents determined the same computer was also accessing the Internet from an address in Nampa, Idaho (as well as Montana) from February 2012 through August 2012. Agents determined the common denominator between the two residences connected to those IP addresses was PARRA-FLORES.
A search warrant for the IP subscriber's Medicine Lake residence and PARRA-FLORES pickup truck was obtained. The IP subscriber was PARRA-FLORES' employer.
On September 9, 2012, agents executed the warrant. No one was at the residence. That afternoon, agents located PARRA-FLORES driving a semi-truck and trailer. PARRA-FLORES consented to the search of his truck. A laptop and external hard drives were located. PARRA-FLORES admitted they were his and signed a consent to search the items. PARRA-FLORES admitted there would be files depicting child pornography on his laptop, and that it was his child pornography.
The forensic examiner located over 1,000 files which depicted images and videos of child pornography on PARRA-FLORES' laptop and hard drives. A file sharing program (LimeZilla) was installed, and the examiner determined that some of the files depicting child pornography had been downloaded via the file sharing program. The file creation date range was August 2, 2012, through September 6, 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Internet Crimes Against Children Task Force (ICAC), the U.S. Department of Homeland Security - Homeland Security Investigations, Montana Department of Criminal Investigation, and the Customs and Border Patrol Air Interdiction.
Eight Head to Federal Prison for Violent Robberies of Area BanksRead the Press Release
Sentences Range from 60 to 525 months in Prison
HOUSTON – Eight men have been ordered to prison on charges related to the armed bank robberies of several area financial institutions, including one involving the shooting of an off-duty Harris County Sheriff’s Office (HCSO) sergeant, announced United States Attorney Kenneth Magidson.
Shelton McGowen, 24, opted to plead guilty before trial was set to begin on Tuesday, May 28, 2013. During jury selection the next day, seven more entered guilty pleas – Derrick Williams, 28, Marcus Rosemond Tarpley, 32, Reginald Mosley, 37, Joel Keon Jackson, 33, Hakim Ibn Ahmad, 31, Alonzo Horace Harris, 37, and Patrick Wayne Simmons, 29. The final two – Calvin Wesley Gray, 34, pleaded guilty the morning of opening statements, while Dwayne Holmes, 34, entered his guilty plea following the government’s opening remarks and with a witness about to take the stand.
Today, U.S. District Judge David Hittner sentenced Mosley, identified as the shooter of the off-duty officer, to a total term of 525 months in prison. He was convicted of conspiracy, three counts of bank robbery and discharging a firearm during commission of a violent crime. Simmons, also convicted on the same five counts as Mosely, was ordered to serve a 480-month term of imprisonment. Tarpley and Ahmad, both convicted of conspiracy as well as three counts of bank robbery and brandishing a firearm during commission of a violent crime, were sentenced to respective terms of 480 and 444 months in prison, while Gray, convicted of conspiracy and two counts of bank robbery will serve 300 months. McGowen, Jackson and Williams were each convicted of one count of conspiracy, and will serve 60 months in federal prison. The sentencings of Holmes and Harris were continued to November.
At the hearing today, additional evidence and testimony was presented including statements from the wounded officer and another victim. The officer commented upon his actions and that he would not change anything he did that day. He testified that he saw that something was going to happen and that it was his obligation as a law enforcement officer to step up and act. He further noted the effect the shooting has had on him, his family and well as the sheriff and his family.
An 11th defendant, Anthony Demonde Nowlin, 24, had previously pleaded guilty earlier this year to bank robbery and conspiracy to interfere with commerce through bank robbery. He is set for sentencing on Monday.
The defendants were part of a sophisticated criminal organization that planned and executed violent takeover style bank robberies of banks inside grocery stores. The conspiracy began on May 4, 2007, and ended with the arrest of some of the men on Sept. 16, 2011.
According to court records, the defendants would “case” banks and credit unions that were located in grocery stores, using force, violence and intimidation to rob them. During the robberies, which were committed on weekday mornings between 9:00 a.m. and noon, the defendants wore dark clothing, gloves, material over their faces and were armed with semi-automatic pistols, shotguns and Uzi style firearms to intimidate the bank employees. The men would also use stolen vehicles during the robberies to elude law enforcement.
During the Aug. 4, 2011, robbery of Wells Fargo Bank in Sugar Land, the robbers shot the off-duty sergeant who was in the bank on personal business.
Tarpley, Nowlin, Ahmad, Mosley, McGowen and Williams were arrested on the morning of Sept. 16, 2011, on Interstate 45 North after several were observed both driving and going in and out of a stolen Dodge Intrepid. Officers later observed McGowen enter the Associated Credit Union for the purpose of casing it for a robbery. Law enforcement officers observed several suspicious vehicles one with paper plates near the Kroger that housed the Associated Credit Union on the day of their Sept. 16 arrest. Due to previous robberies of groceries store banks and credit unions, law enforcement had reason to believe that the defendants were about to commit an armed bank robbery.
Further investigation led to the identification of the additional five defendants involved in the scheme resulting in the federal indictment for multiple bank robberies in the greater Houston area. After the dismantling of this 11-man crew, no further violent takeover style bank robberies occurred inside of bank grocery stores.
All men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This matter was investigated by the FBI Bank Robbery Task Force which is comprised of personnel from the FBI, Houston Police Department and HCSO with special assistance from the Fort Bend County Sheriff’s Office and the Baytown and Pasadena Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Suzanne Elmilady and Kebharu H. Smith.
Eastern North Carolina Drug Conspirators Sentenced and Civil Action Seeking Forfeiture of House FiledRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that five individuals involved in a drug conspiracy ring in Eastern North Carolina have been sentenced in federal court by United States District Judge Terrence W. Boyle. Additionally, procedures to seize a house in Kinston, North Carolina used by drug distributors and users have been initiated to rid the community of that blight.
The criminal investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kinston Department of Public Safety, North Carolina State Bureau of Investigation, North Carolina Alcohol Law Enforcement, Lenoir County Sheriff’s Office and the United States Marshal’s Service. Assistant United States Attorneys Toby Lathan and Leslie Cooley handled the prosecution of the criminal cases on behalf of the Government. Assistant United States Attorney Steve West handled the forfeiture of the property in Kinston for the government.
According to the investigation, a boarding house located at 302 East Caswell Street in Kinston was a known crack house. Information was obtained that multiple individuals were selling crack from this location and there were guns at the location as well. Between August 2011 and April 2012, law enforcement officers conducted an operation wherein four different individuals bought crack cocaine from five different individuals a total of eight times. Additionally, one individual was arrested on a weapons charge.
The defendants received the following sentences: ERIC DION LATHAM, 36, of Brentwood, New York was sentenced to 300 months imprisonment followed by 5 years supervised release. LATHAM, was sentenced for conspiracy to distribute a quantity of cocaine base (Crack), distribution of a quantity of cocaine base (Crack) and aiding and abetting the same, and using and carrying a firearm during and in relation to a drug trafficking crime and aiding and abetting the same, and with felon in possession of a firearm. JAMES HENRY STRONG, 31, of Grifton, North Carolina was sentenced to 48 months imprisonment followed by 3 years of supervised release. JAMES HENRY STRONG was sentenced for distribution of a quantity of cocaine base (Crack) and aiding and abetting the same, and distribution of a quantity of cocaine base (Crack) and aiding and abetting the same. JEREMY TYRONE STRONG, 34, of Grifton, North Carolina was sentenced to 21 months imprisonment followed by 3 years of supervised release. JEREMY TYRONE STRONG, was sentenced for distribution of a quantity of cocaine base (Crack) and aiding and abetting the same. MICHAEL ALPHONSO POLLARD, 36, of Hookerton, North Carolina was sentenced to 48 months imprisonment followed by 3 years of supervised release. POLLARD was sentenced for two counts of distribution of a quantity of cocaine base (Crack). UNTEZ DEVON LLOYD, 22, of Kinston, North Carolina was sentenced to 15 months imprisonment followed by 3 years of supervised release. LLOYD was sentenced for distribution of a quantity of cocaine base (Crack) and distribution of a quantity of cocaine base (Crack). JAMES THOMAS STRONG, 62, of Grifton, North Carolina was sentenced to 37 months imprisonment followed by 3 years of supervised release. STRONG was sentenced for possession of an unregistered firearm.
In conjunction with the criminal matter, the government filed a civil action seeking the forfeiture of a house at 302 East Caswell Street in Kinston. The civil complaint filed on September 26, 2013 alleges that multiple sales of illegal controlled substances were made from the house. The civil action remains pending.Don Edward Lyle Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, DON EDWARD LYLE, a 53-year-old resident of Troy, was sentenced to a term of:
- ison: 36 months
- ecial Assessment: $100
- pervised Release: 5 years
LYLE was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In early April 2013, undercover law enforcement agents and a confidential informant (CI) began to buy methamphetamine from Jesus Heriberto Ramirez-Soto in Troy.
During the evening of April 5, 2013, the CI was with Ramirez and LYLE at Ramirez's home in Troy. The CI mentioned to Ramirez and LYLE that he had a friend who wanted to purchase methamphetamine.
The next day, on April 6, 2013, Ramirez called the CI and said that LYLE would be traveling to Kalispell with the methamphetamine. Later that evening, undercover agents met with LYLE in Kalispell. Stuart Morgan Pattie also accompanied LYLE on the methamphetamine deal. The agents paid LYLE $5,400 for three ounces of methamphetamine and received an additional ounce from LYLE with the understanding that the agents still owed LYLE for the last ounce.
On April 11, 2013, the CI placed a call to Ramirez to set up another methamphetamine deal. Ramirez told the CI that he could provide the CI's friends with pounds of methamphetamine. The agents called Ramirez and agreed to meet on Saturday, April 13, 2013, in Havre to buy methamphetamine. Ramirez agreed to sell the agents two pounds of methamphetamine for $50,000.
That afternoon, Ramirez met an agent in a parking lot and said his friends would be there shortly. Ramirez then discussed possible future drug deals and left the parking lot. A half hour later, LYLE and Pattie pulled up next to the agent. Pattie got out of the car and got into the agent's car with the methamphetamine wrapped in a shirt. Agents then arrested Ramirez, Pattie, and LYLE. Agents recovered more than 500 grams of a substance containing a detectable amount of methamphetamine.
Ramirez and Pattie pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
District Man Sentenced to 40 Years in Prison for 2010 Murder in Southeast Washington-OnStar Technology Helped Police Locate Victim’s Car and Evidence-Read the Press Release
WASHINGTON - Marlon Williams, 34, Washington, D.C., was sentenced today to a prison term of 40 years on a charge of first-degree felony murder stemming from the 2010 slaying of a man in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Williams was found guilty by a jury in July 2013, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan.
According to the evidence at trial, at about 4:30 a.m. on Sept. 13, 2010, the victim, Min Soo Kang, was found on the curb in the 3500 block of Croffut Place SE, with multiple gunshot wounds. Detectives found his wallet and contacted his next of kin, who advised them that Mr. Kang, 37, owned a 2010 Cadillac Escalade equipped with OnStar GPS technology. Detectives requested that OnStar assist in tracking the vehicle. At about 5:30 p.m. on that same date, OnStar located the Escalade in the 5200 block of Ames Street NE, and engaged the remote ignition block, which prevented the ignition from re-starting the vehicle once it had been turned off.
Coincidentally, a short time later, a neighborhood resident returned home to find the disabled Escalade stopped in front of her residence. At about 7 p.m., that woman dialed 911 and alerted the Metropolitan Police Department (MPD) about the suspicious behavior of a man who, upon hearing sirens approaching in the area, exited the vehicle, quickly slammed the hood, threw something into her yard, and walked away. However, when those sirens went elsewhere, the same man returned, retrieved what he had thrown into her yard, and re-entered the vehicle, making further attempts to get it started.
Once police located Mr. Kang’s vehicle, they had it towed to the Mobile Crime Lab. Technicians lifted a palm print from the hood of the car and several fingerprints from the interior handles of the driver’s door. In addition, a search of the passenger compartment yielded a receipt for the purchase of two cartons of Newport cigarettes by Mr. Kang, in Virginia, less than three hours prior to his body being found. Three unopened packs of Newport cigarettes with Virginia tax stamps remained in the vehicle. The technicians, upon noticing apparent bullet holes in the driver’s seat, recovered three bullets from inside that seat.
Earlier, during the day of Sept.13, 2010, upon performing an autopsy on Mr. Kang, a medical examiner identified three gunshot wounds to the chest with exit wounds from his back. In addition, Mr. Kang suffered a gunshot wound to the face, which exited the left ear, another gunshot wound to the left index finger, exiting the palm of Mr. Kang’s hand, and one gunshot wound perforating his right forearm.
Detectives used the palm-print, lifted from the hood of the Escalade, and identified by the fingerprint examiner, to match that of the defendant, and the description given by the 911 caller, which also matched that of the defendant, to obtain a warrant for a search of Williams’s home. There they found the murder weapon beneath his bed. In that same bedroom, police recovered one empty pack of Newport cigarettes bearing a Virginia tax stamp.
In announcing the sentence, U.S. Attorney Machen praised the work of the MPD detectives, officers, crime scene technicians, and forensic specialists who worked on the case. He also expressed appreciation for the assistance of OnStar. In addition, he praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Alesha Matthews Yette, Litigation Technology Specialists Kimberly Smith, Leif Hickling, and Joshua Ellen, and Interns Arielle Barnett and Malini Malhotra.
Finally, he commended the efforts of Assistant U.S. Attorney Gary Wheeler, who secured the indictment in the case and handled the prosecution at trial.
13-362District Man Found Guilty in Stabbing; Attacked Man After Argument over $20 Debt-Defendant Tells Victim, “Get Me My Money”-Read the Press Release
WASHINGTON - Charles Link, 53, of Washington, D.C., was found guilty today of a charge of assault with a dangerous weapon stemming from the November 2012 stabbing of a man in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Link was found guilty following a trial in the Superior Court of the District of Columbia. The Honorable Russell F. Canan scheduled sentencing for Jan. 3, 2014.
According to the government’s evidence at trial, the victim and Link were close friends for more than four years. They socialized together and played chess, and the victim even helped Link at his job at a funeral home. From time to time, Link would loan the victim small amounts of money. Last fall, the two men got into a disagreement over the repayment of a $20 loan. The victim had given Link his food assistance card and had told Link to use it to buy $40 of food, to cover the $20 debt. When Link never used the card and failed to return it, the victim cancelled the card so that he could get a new one and access his food benefits.
On the evening of Nov. 13, 2012, as the victim was walking down a street near his home, he encountered Link and the two began arguing over the debt. When the victim reached the entrance to an alley off the 500 block of Newton Place NW, he was pushed from behind by an unidentified man and fell to the ground. Link joined in the attack and kicked and punched the victim, stating “get me my money.” Link then pulled out a knife and stabbed the victim five times—twice in the chest and rib cage. He and the unidentified man fled, leaving the victim bleeding in an alley.
In announcing the verdict, U.S. Attorney Machen praised the work of those who investigated the case from the Metropolitan Police Department, including detectives from the Fourth Police District. He also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Wanda Trice and Debra McPherson. Finally, he commended the work of Assistant U.S. Attorney Vivien Cockburn and former Assistant U.S. Attorney Trevor N. McFadden, who assisted in the investigation, and Assistant U.S. Attorney Brittain Shaw, who investigated and prosecuted the case.
13-365District Man Convicted of Sexually Assaulting Four Women in Series of Attacks Committed at Knifepoint-Defendant Lured Victims into His SUV, Then Raped Them-Read the Press Release
WASHINGTON - Barrington Bennett, 35, of Washington, D.C., was found guilty by a jury on Oct. 9, 2013 of sexually assaulting four victims at knifepoint between December 2011 and August 2012, U.S. Attorney Ronald C. Machen Jr. announced.
Bennett was found guilty in the Superior Court of the District of Columbia jury of four counts of first-degree sexual abuse while armed with aggravating circumstances, four counts of kidnapping while armed, and three counts of armed robbery. The Honorable J. Ramsey Johnson scheduled sentencing for Jan. 10, 2014.
According to the government=s evidence, Bennett lured the victims into his sport utility vehicle in attacks that took place on Dec. 16, 2011; Feb. 18, 2012; July 28, 2012, and Aug. 23, 2012.
One victim joined Bennett after the offer of a ride home. The other victims were prostitutes who believed they would perform sex for money. Bennett had folded down the middle row of seats in the SUV and covered it with a blanket. When victims got into the SUV, from various locations in Northeast and Northwest Washington, Bennett drove them to places in Northeast Washington. He pulled out a folding knife, held it to their throats, and raped them at knifepoint.
Bennett also robbed three of the victims of cell phones and money. He cut the fourth victim on her jaw and head, and she wiped her blood on the blanket. When she finally escaped the SUV, she saw the license plate and reported the tag number immediately. Detectives with the Metropolitan Police Department located the SUV within an hour, impounded it, and searched it after obtaining a warrant.
Inside the SUV, police discovered a folding knife that contained DNA consistent with the fourth victim and the defendant. Police also found a blanket that contained the fourth victim’s blood, along with the DNA of the defendant and the first victim. Finally, the second victim had received a sexual assault kit which contained Bennett’s DNA.
In announcing the verdict, U.S. Attorney Machen commended detectives from the Metropolitan Police Department=s Sexual Assault Unit, the Fifth District, and the Forensic Science Division. He also commended the work of the Consolidated Forensic Sciences Division. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson; Paralegal Specialists Jason Manuel and Tiffany Jones, and Victim-Witness Specialists David Foster and Katina Adams-Washington. He particularly commended the work of Claudia Gutierrez, Joe Calvarese, Leif Hickling and the entire Litigation Support Staff for their work on the case. Lastly, Mr. Machen thanked Assistant U.S. Attorney Amy Zubrensky, who investigated, indicted and tried the case, Assistant U.S. Attorney Jodi Lazarus, who co-tried the case, and former Assistant U.S. Attorney Erin Andrews, who also investigated the case.
13-363Derek Tyson Bellamy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 21, 2013, before U.S. District Judge Donald W. Molloy, DEREK TYSON BELLAMY, a 31-year-old resident of Billings, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
BELLAMY was sentenced after a federal district court trial in which he was found guilty of being a felon-in-possession of a firearm.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Dearborn-Based Business OwnerSentenced to Prison for Immigration FraudRead the Press Release
The owner of a Dearborn-based investment company was sentenced to 33 months in prison today in federal court in Detroit for operating an immigration fraud ring from one of his restaurants. U.S. Attorney Barbara L. McQuade announced today.
Joining McQuade in the announcement were Giovanni Tiano, Special Agent in Charge of the Detroit Division of the Department of Homeland Security - Office of Inspector General, and Paul Abbate, Special Agent in Charge of the of the Federal Bureau of Investigation in Detroit.
U.S. District Judge Marianne O. Battani imposed sentence on Hussein “Sam” Nazzal, 59, of Dearborn. Nazzal is the former owner of the Shish Village restaurant and the G&S Development real estate company, both located in Dearborn.
Nazzal pleaded guilty in July to conspiracy to defraud the United States. That conviction arose from Nazzal’s role in brokering three separate false marriages between U.S. citizens and Lebanese nationals to obtain immigration benefits by fraud. As part of the same investigation, federal officials obtained criminal convictions of two of the individuals involved in the fraud activity. Two other participants have been deported from the United States to Lebanon.
In announcing the sentence, McQuade stated, A Fraud schemes undermine the integrity of our immigration system, and make it harder for legitimate applicants to obtain immigration benefits.”
Special Agent in Charge Tianno stated, A"DHS-OIG will continue to actively attack corrupt and greed-driven criminal schemes which would compromise our immigration system and threaten our border security."
Paul M. Abbate, Special Agent in Charge of the Detroit, Michigan, Division of the FBI, said “The FBI is committed to aggressively pursuing individuals who perpetrate fraud schemes such as this one to commit crimes against the United States. The FBI praised the teamwork of the law enforcement agents, partners, and the Assistant United States Attorneys who brought this case to a successful conclusion.”
This case was investigated by the Department of Homeland Security - Office of Inspector General and the Federal Bureau of Investigation.
Sam Nazzal is also facing sentencing for his convictions on multiple counts of bank fraud, commercial bribery and obstruction of justice. That sentencing will take place on November 18, 2013, before U.S. District Judge David M. Lawson.
Darryl Lynn Big Hair Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 24, 2013, before U.S. District Judge Sam E. Haddon, DARRYL LYNN BIG HAIR, a 41-year-old resident of Crow Agency, was sentenced to a term of:
- ison: 12 months
- ecial Assessment: $100
- pervised Release: 3 years
BIG HAIR was sentenced in connection with his guilty plea to the use of a communications facility (cell phone) to help bring about a conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On July 20, 2010, a Yellowstone County Sheriff(s Office Deputy initiated a traffic stop on a black 2010 Mercedes Benz SUV after running the license plate and determining that the owner had a valid arrest warrant. The owner of the vehicle, Joseph Chartraw, provided a false name to the deputy but ultimately admitted the individual's name. A narcotics-detecting K-9 was called to the scene and positively alerted on the vehicle for the presence of narcotic odors. The vehicle was impounded pending a search warrant application. A subsequent search yielded airline tickets, a cell phone, documents, $14,154 in cash, and user amounts of marijuana.
Pursuant to the search warrant, detectives had the cellular telephone seized from the vehicle analyzed. The contents revealed that Chartraw had been involved with selling hundreds of pounds of marijuana, as well as transporting tens of thousands of dollars in cash. Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts, and dealing marijuana to the Indian reservations in Montana. According to the text messages on the phone, marijuana was distributed to Browning, Polson, Crow Agency, as well as Havre, St. Ignatius, Great Falls, Missoula, Cut Bank, Lolo, and other places throughout Montana.
One of the subjects having drug-related communications with the owner of the vehicle stopped in Yellowstone County was BIG HAIR. On June 23, 2010, BIG HAIR and Chartraw exchanged a series of text messages arranging for BIG HAIR to pick up marijuana from one of Chartraw's distributors for future distribution to BIG HAIR's clients.
BIG HAIR was interviewed and admitted to distributing marijuana he purchased from Chartraw and to using his cellular telephone to arrange his drug deals with Chartraw in furtherance of the conspiracy.
Chartraw pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Dallas Man Sentenced to 19 Years in Federal Prison on Drug and Firearm ConvictionsRead the Press Release
Defendant Had Crack Cocaine, Firearms and
Nearly $500,000 in Cash When ArrestedDALLAS — Lawrence Edward Knox, 42, of Dallas, was sentenced this afternoon by U.S. District Judge Jane J. Boyle to 228 months (19 years) in federal prison following his guilty plea in December 2012 to one count of possession with intent to distribute 280 grams or more of cocaine base (crack cocaine) and possession of a firearm in furtherance of a drug-trafficking offense. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, the investigation began when law enforcement received information that an individual had obtained cocaine from Knox's residence on Saddleridge Drive in Dallas. In early August 2012, Dallas Police SWAT executed a search warrant at his residence and found approximately 2.7 pounds of crack cocaine, four firearms and $469,302 in cash. They also found pans, a strainer and other utensils in the kitchen that are used to manufacture crack cocaine. Knox, who was home at the time of the search, admitted the drugs and currency were his and was arrested.
According to the factual resume filed in the case, prior to his arrest, Knox had been convicted in this district on the federal offense of possession of a controlled substance with the intent to distribute.
As part of his plea agreement with the government, Knox will forfeit not only the cash and firearms, but also a 2004 Land Rover, furniture and televisions.
The case was investigated by the Texas Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Taly Haffar prosecuted.
Cleveland Pair Accused of Defrauding Social Security AdministrationRead the Press Release
A federal indictment was filed today charging Lester K. Benson and Cheryl L. Benson, both age 53, of Cleveland, with one count of embezzling government funds, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges the defendants with misrepresenting information to the Social Security Administration and thereby obtaining approximately $44,605.60 in disability benefits to which neither was entitled.
The indictment follows an investigation conducted by the Social Security Administration’s Office of the Inspector General, and the case is being prosecuted by Assistant United States Attorney M. Kendra Klump.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.