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Thursday 22 August 2013
Woman Sentenced in Scheme to Harbor Illegal AliensRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
South Bend, Indiana —United States Attorney David Capp announced that Sandra Alfaro, 36, Indianapolis, Indiana, the owner of Servicios Mi Tierra, was sentenced by District Judge Robert Miller, Jr. to 39 months imprisonment on August 19, 2013 following her guilty plea to one count of conspiracy to harbor illegal aliens and to one count of conspiracy to commit mail fraud.
Ms. Alfaro engaged in identity fraud by creating dummy corporations for illegal aliens so that they could register and title their motor vehicles in order to harbor, conceal and shield them from detection by law enforcement officials.Her scheme helped people who were in the United States illegally by sidestepping BMV’s requirement that the owner of a vehicle have a social security number before they would register cars and issue titles, and also sidestepped the BMV’s requirement that drivers have insurance.In order to execute the scheme, Alfaro created corporations by falsely representing to the Indiana Secretary of State that the aliens owned businesses and the purpose of the corporations.Between 2009 and the middle of 2011, she helped at least 300 aliens remain in the United States by helping them secure plates, titles and registration documents from the BMV.
In addition to creating fictitious corporations, Alfaro worked with Mr. Paulino Ascencion-Apolino, 23 of Elkhart, Indiana, in the South Bend and Goshen area by completing BMV paperwork for him and then processing that paperwork at BMV branches in Indianapolis.She notarized signatures that she did not witness and submitted forged documents to the BMV to falsify residency and insurance coverage.Ascencion-Apolino, also using the name Servicos Mi Tierra, had offices in South Bend, Elkhart, and Highland, Indiana from the Fall of 2010 to May of 2011. Ascencion-Apolino, who helped harbor over 100 aliens, was sentenced February, 2012 to 33 months of imprisonment and forfeiture of over $60,000 seized from several bank accounts for his role in the conspiracy.On March 16, 2012, Ramon Garcia, 39, of Berrien Springs, Michigan, who had been working for Ascencion-Apolino, was sentenced to 27 months.
“Sandra Alfaro blatantly abused legitimate government services to unlawfully obtain vehicle registrations for hundreds of illegal aliens,” said HSI Chicago Special Agent-in-Charge Gary Hartwig. “Identity fraud erodes the integrity of our nation’s immigration system and has far-reaching implications. This lengthy prison sentence demonstrates HSI’s resolve to work with our law enforcement partners to stop this type of criminal activity.”
United States Attorney David Capp stated, “The validity of identification and licensing documents is a critical law enforcement and public safety issue. We have an excellent working relationship with our federal law enforcement agencies and with the Indiana Bureau of Motor Vehicles.Their thorough and professional work here led to this result in federal court.This working relationship is ongoing and the United States Attorney’s Office will continue to prioritize these types of investigations.”
This case was the result of an investigation by the U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations, the United States Postal Inspection Service, and investigators with the Indiana Bureau of Motor Vehicles and the Indiana Secretary of State.This case was prosecuted by Assistant United States Attorney Kenneth Hays.
Virginia Man Pleads Guilty to TravelingRead the Press Release
Into the District of Columbia to Engage in Illicit Sexual Conduct
With a Minor and Possession of Child PornographyWASHINGTON – William G. VanSant, 51, of Alexandria, Va., pled guilty today to federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
VanSant entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Robert L. Wilkins is to sentence him on Dec. 4, 2013. VanSant faces a statutory maximum sentence of 30 years of imprisonment for traveling interstate to engage in illicit sexual conduct and a maximum of 20 years of imprisonment for possession of child pornography, as well as a fine of $250,000 on each count. He also will be required to register as a sex offender for at least 15 years after his release from prison.
According to the government's evidence, on March 20, 2013, VanSant contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted a message on a website that is frequented by individuals who have a sexual interest in children. Over the next two days, Vansant continued to engage in online conversations with the undercover officer, whom he believed was the father of an under-aged girl. During this period, VanSant arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
In addition, during the course of their communications, VanSant sent the undercover officer several images of child pornography. On March 22, 2013, VanSant traveled from Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived, he was arrested.
Pursuant to a warrant, VanSant’s residence was searched on March 28, 2013. Law enforcement seized two laptop computers, including one that contained seven videos and eight images depicting child pornography.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director Parlave and
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Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who is prosecuting the case.Union Leader, Malvin Bergeron, Sentenced for Embezzling Union FundsRead the Press Release
MALVIN BERGERON, age 63, a resident of Jefferson Parish, was sentenced yesterday by U.S. District Judge Ivan L.R. Lemelle, to four years of probation for embezzling assets of a local labor union, announced U.S. Attorney Dana Boente. The Court also ordered BERGERON to pay restitution in the amount of $4,041.99 as well as a $3,000.00 fine.
According to court records, BERGERON was the president of the Local 537M Graphic Communications Union from November 2004 through May 2011. The Local 537M maintained a checking account with a local bank to hold the membership dues that were collected from the union members. As the union’s president, BERGERON was able to access the funds in the union account through checks. According to court documents, BERGERON embezzled $4,041.88 from the union account by writing, endorsing, and cashing checks made payable to himself personally that were not authorized by the Union’s by-laws.
The case was investigated by the U.S. Department of Labor and was prosecuted by Assistant U.S. Attorney Spiro G. Latsis.
Union County Woman Sentenced on Methamphetamine ConspiracyRead the Press Release
On August 22, 2013, Tina M. Barlow, 26, of Anna, IL, was sentenced in United States District Court in Benton on an indictment charging conspiracy to manufacture methamphetamine, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Barlow, who had previously pled guilty to the methamphetamine charge, was sentenced to 100 months in prison, to be followed by 3 years of supervised release, and fined $300. The offense occurred between 2010, and March 12, 2012, in Union, Jackson, and Saline Counties. Evidence at the plea and sentencing hearings established that Barlow was involved with others in the manufacture of methamphetamine. During the conspiracy, Barlow obtained over 220 grams of pseudoephedrine for the purpose of manufacturing methamphetamine. Three co-defendants have previously been sentenced for their involvement in the methamphetamine conspiracy.
The investigation was conducted by the Union County Sheriff’s Office, Jackson County Sheriff’s Office, Murphysboro Police Department, and Drug Enforcement Administration. The Union County State’s Attorney’s Office also assisted during the investigation.
The case was prosecuted by Assistant United States Attorney Amanda A. Robertson.
U.s. Embassy Employee Sentenced to Prison for Traveling to Engage in Illicit Sexual ConductRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Rosauro Pacubas, age 58, of Manila, Philippines, today to five years in prison, followed by 10 years of supervised release, for travel with intent to engage in illicit sexual conduct. Judge Hollander ordered that Pacubas pay $21,600 in restitution to the victim. Judge Hollander also ordered that upon his release from prison, Pacubas must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Niall Meehan of the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service.
According to the facts presented to the court, Pacubas was a U.S. government embassy employee in Manila, Philippines. On March 1, 2012, Pacubas traveled to Baltimore with his wife and the victim, who was to be evaluated at a hospital in the Baltimore area. During their stay in a hotel in Baltimore, Pacubas sexually abused the victim. Following the victim’s hospital evaluation, she entered a therapeutic boarding school in North Carolina where she disclosed sexual abuse by Pacubas. On January 11, 2013, Pacubas was interviewed and admitted sexually abusing the victim during their stay in Baltimore in March 2012.
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.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the Diplomatic Security Service for its work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas of the U.S. Justice Department, Criminal Division, Child Exploitation and Obscenity Section, and Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
U.S. Attorney's Office (EDNC) Co-Sponsors Banking Conference on Counterterrorism and Financial CrimesRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that today the United States Attorney’s Office for the Eastern District of North Carolina co-sponsored the 9th Annual Counterterrorism and Financial Crimes Forum. The training was held at SAS World Headquarters in Cary, North Carolina, SAS is the world’s largest privately held software company. Approximately 400 participants including banking officials, federal agencies and local law enforcement attended the training. SAS, Ally Bank, Bank of America, PNC, and Teradata all co-sponsored the event.
Philip Mudd, former Deputy Director of the National Security Section, Federal Bureau of Investigation, served as the keynote speaker. Mr. Mudd also served as Deputy Director of the Counterterrorist Center with the Central Intelligence Agency. Other speakers included John J. Byrne, Executive Vice President of the Association of Certified Anti-Money Laundering Specialists (ACAMS); Lisa M. Grigg, Managing Director and Fraud Investigation Group Executive of Bank of America; and Dennis Lormel, President and CEO of DML Associates LLC. Mr. Lormel served as Chief of the Federal Bureau of Investigation’s Financial Crimes Program and was instrumental in establishing the Bureau’s antiterrorist financing initiative. The training also featured Jane Rhodes-Wolfe, Acting Deputy Assistant Director of the Terrorism Financing Operations Section (TFOS), Federal Bureau of Investigation.
“This event is an excellent example of the vital collaboration needed between the banking community and law enforcement. Efforts to confront violent extremists must include a watchful eye over suspicious financial transactions that may be used to fund terrorist activities both at home and abroad,” said U.S. Attorney Walker.
This event brought together participants from the financial services, regulatory and law enforcement communities to share best practices on managing the risks associated with financial crimes, including terrorism financing, fraud, sanctions compliance and money laundering. Goals of the training were to demonstrate how innovative organizations are working with their public sector partners to fight the war on terrorism, manage fraud investigations more effectively, ensure regulatory compliance and to detect and prevent money laundering among others.
SAS, located in Cary, North Carolina, is a market leader in business analytics. Founded in 1976, SAS has more than 11,000 employees and staffed offices in 55 countries. Together, the company provides software and services to more than 50,000 sites in 127 countries around the globe.
The complete training agenda is attached with more details about the Forum.
9th Annual Counterterrorism and Financial Crimes Forum Agenda
U.S. Attorney Neil H. MacBride Announces Departure from Eastern District of VirginiaRead the Press Release
United States Attorney for the Eastern District of Virginia (EDVA) Neil H. MacBride, announced today that he is stepping down as United States Attorney, effective midnight September 13, 2013. An acting United States Attorney will be appointed until a permanent replacement is nominated and confirmed by the U.S. Senate.
“It has been a dream job to serve as U.S. Attorney in the Eastern District of Virginia for the last four years,” said United States Attorney Neil H. MacBride. “My first job as a lawyer was clerking for Judge Henry Morgan here 21 years ago, and my wife and I have lived and raised our children in this District. Not only is EDVA home to great symbols of our country – the Pentagon, the CIA, the Norfolk Naval Base - we are also blessed to have the most talented and dedicated prosecutors and professional staff in the Justice Department. The sacrifice and hard work of my colleagues make our communities safer and I will miss being part of their tireless pursuit of justice. I am incredibly grateful to the President and Attorney General Holder for the confidence and trust they placed in me and for the experience of leading this great office.”
“Throughout his tenure as United States Attorney for the Eastern District of Virginia, Neil has worked tirelessly to make a lasting difference for Americans across – and far beyond – his district,” said Attorney General Holder. “At every turn, he has exemplified the highest standards of excellence, integrity, and professionalism. He has distinguished himself as an exceptional leader, a committed public servant, and a brilliant attorney – handling complicated cases with extraordinary skill. Over the many years we have worked together, I’ve always been grateful for Neil’s dedicated service, his personal friendship, and his principled stewardship of our nation’s justice system. I am certain that his enduring contributions, his many achievements, and his fine example will guide the men and women who serve the Eastern District for years to come. And I wish him all the best as he takes the next steps in his already remarkable career.”
Mr. MacBride was appointed by President Obama and unanimously confirmed by the United States Senate, on September 15, 2009, to a four year term. Under MacBride’s leadership, EDVA has adopted a proactive, strategic approach to prosecuting crime, focused on disrupting local, national and international threats. From financial fraud to terrorism, MacBride helped position EDVA to meet and confront the challenges of 21st century criminal networks. As a result, the Eastern District of Virginia currently has cases and investigations in over 60 countries across six continents. During his tenure as U.S. Attorney, MacBride served on the Attorney General’s Advisory Committee and chaired its Terrorism and National Security Subcommittee. MacBride has made detecting and disrupting domestic terrorism a key priority for the office. During MacBride’s time in office, EDVA prosecutors convicted several high-profile defendants involved in terror plots, including defendant Amine el-Khalifi, who plotted to carry out a suicide bomb attack on the U.S. Capitol, and Farooque Ahmed, who planned to bomb the Washington, D.C. metro rail system. EDVA prosecutors also secured the first high-seas piracy convictions since 1820 for 26 Somali pirates, including the high-ranking pirate negotiator Mohammed Shibin, who attacked U.S. vessels.
U.S. Attorney MacBride also created the Virginia Financial and Securities Fraud Task Force, an unprecedented partnership between criminal investigators and civil regulators to investigate and prosecute complex financial fraud cases in Virginia and across the nation. Under his leadership, EDVA prosecutors secured fraud convictions for: bank executives that contributed to the 2008 financial crisis; mortgage lenders that contributed to the collapse of one of the 25 largest banks in the United States; stock manipulators; inside traders; contractors that cheated the government and the U.S. military; and life settlement schemers who preyed on the elderly.
During his tenure, MacBride dramatically expanded EDVA’s Affirmative Civil Enforcement (ACE) program, yielding more than $375 million in civil fraud recoveries against companies and individuals who engaged in procurement, programmatic, health care, and grant fraud. The recoveries included a $199.5 million settlement with Oracle Corp. – the General Services Administration’s largest single False Claims Act recovery. Under MacBride’s leadership, EDVA also defended the public fisc and major government programs in a wide array of civil litigation, including in high-profile constitutional, programmatic, employment discrimination and tort lawsuits. MacBride reinforced EDVA’s commitment to civil rights by partnering with the Civil Rights Division on cases that protected victims of lending discrimination and the severely disabled, and by launching a civil rights initiative focused on protecting the rights of service members and persons with disabilities.
Another key priority for MacBride was protecting America’s ingenuity and intellectual property from theft. Under his leadership, EDVA indicted Megaupload.com for alleged intellectual property infringement (valued at $500 million), in one of the largest criminal copyright cases ever brought by the United States; and Kolon Industries Inc. for allegedly engaging in a multi-year campaign to steal trade secrets valued at $200 million related to DuPont’s Kevlar technology. Since MacBride’s appointment, EDVA prosecutors have also secured convictions of defendants who operated large-scale counterfeit luxury goods businesses; engaged in music and movie piracy; and imported counterfeit computer equipment.
MacBride also carried on EDVA’s tradition of protecting public institutions from corruption. Since 2009, EDVA prosecutors secured a conviction for illegal conduct and bribery by former U.S. Congressman William J. Jefferson and prevailed on appeal. Jefferson was sentenced to 13 years in prison, the longest term ever imposed on a United States Congressman. In addition, prosecutors obtained convictions for former Virginia Secretary of Finance John W. Forbes, II, for wire fraud, and former Virginia House Delegate Phillip A. Hamilton for bribery and extortion.
Further, MacBride focused on protecting children from predators. In the past three years, EDVA has prosecuted 54 defendants for human trafficking, helped 42 juvenile trafficking victims seek justice and secured substantial sentences for traffickers to include 40, 50 year and life sentences. EDVA prosecutors also dismantled violent and organized criminal enterprises including convictions for leaders of the MS-13 gang; the Underground Crips gang; the “Dump Squad”; Bounty Hunter Bloods; the Nine Tech Gangsters; and the Outlaw Motorcycle Gang. Moreover, prosecutors secured convictions for the leader and members of one of the largest and most violent false document rings in the United States. EDVA has also become a leader in prosecuting domestic and international drug trafficking operations, breaking up numerous organizations that smuggled cocaine, methamphetamine, heroin and other narcotics into the United States.
Prior to his time as U.S. Attorney, Neil H. MacBride spent most of his 21-year career as a government attorney, serving in all three branches of government. He served as Associate Deputy Attorney General at the Department of Justice and as an Assistant United States Attorney for the District of Columbia. MacBride was also the chief counsel for then-Senator Joseph R. Biden, Jr., Chairman of the Senate Judiciary Subcommittee on Crime and Drugs. MacBride served as a law clerk for the Honorable Henry Coke Morgan, Jr., U.S. District Judge for the Eastern District of Virginia. Apart from his public service, MacBride practiced criminal and civil litigation at the Washington, D.C. law firm now known as DLA Piper and served as Vice President and General Counsel of the Business Software Alliance. MacBride is a graduate of Houghton College and the University of Virginia School of Law.
The United States Attorney’s Office for the Eastern District of Virginia employs 300 attorneys and professional staff and serves more than six million residents living in Northern Virginia, Richmond and the Tidewater region and surrounding communities. The District of Virginia was one of the original 13 judicial districts created by the Judiciary Act of 1789. In 1871, Virginia was divided into two districts: the Eastern and Western Districts of Virginia. Today, the Eastern District of Virginia has offices in Alexandria, Newport News, Norfolk, and Richmond, the capital of the Commonwealth.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Two Rapid City Men Sentenced for Possession with Intent to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that Cayleb Louis Young, age 23, and Kenneth Morales-Scott, Jr., age 24, both of Rapid City, South Dakota, were sentenced on August 19 and 20, 2013, respectively, by U.S. District Judge Roberto A. Lange, for Possession with Intent to Distribute Marijuana.
Morales-Scott was sentenced to 1 month of imprisonment, followed by 5 months of home confinement, and 2 years of supervised release. He also forfeited a 1997 BMW.
Young was sentenced to 2 years of probation. Additionally, Morales-Scott and Young were each fined $1,000 and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Morales-Scott and Young were indicted by a federal grand jury on March 13, 2013. Each pled guilty to Possession with Intent to Distribute a Controlled Substance on June 4, 2013.
On November 17, 2012, Morales-Scott and Young traveled from Rapid City to California. The purpose of the trip was for Morales-Scott to pick up a large quantity of marijuana, over 10 pounds, to deliver to an individual in Wisconsin. Before they left California, Morales-Scott informed Young of the nature of the trip. Young agreed to assist in the transportation and delivery of the marijuana in exchange for a portion of the proceeds.
On November 20, 2012, the South Dakota Highway Patrol performed a traffic stop on Interstate 90 near Draper that involved a BMW driven by Morales-Scott, with Young as the passenger. During the course of the traffic stop, the trooper conducted a vehicle search and found a large black bag in the trunk of the vehicle which held several vacuum sealed bags that contained high quality marijuana.
The Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol conducted the investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Morales-Scott will report to the U.S. Marshals Service in Rapid City on August 30, 2013, to begin serving his sentence.Two Men Indicted on Counterfeiting ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted for Dealing in Counterfeit Securities and Possession of Counterfeit Securities, and a Chicago, Illinois, man was indicted for Possession of Counterfeit Securities.
Charles Earl Davis, a/k/a “Feno,” age 26, of Sioux Falls, and Travis Cornelius Maberry, a/k/a “Cozo”,” age 27, of Chicago, Illinois, were indicted by a federal grand jury on August 13, 2013. Both men appeared before U.S. Magistrate Judge John E. Simko on August 20, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and both men are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department and the U.S. Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Davis and Maberry were remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Two Harbors Man Indicted for Producing Child PornographyRead the Press Release
MINNEAPOLIS—A federal indictment unsealed late yesterday charges a 37-year-old Two Harbors man with producing images of child pornography. The indictment, which was filed on August 13, 2013, charges Joel Ray Allard with one count of production of child pornography. The indictment was unsealed following Allard’s initial appearance in federal court.
The indictment alleges that in August and September 2011, Allard enticed a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of that conduct.
If convicted, Allard faces a potential maximum penalty of life in prison, with a mandatory minimum penalty of 15 years. Any sentence would be determined by a federal district judge.
This case is the result of the Cook County Sheriff’s Office and the Minnesota Child Exploitation Task Force, sponsored by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David P. Steinkamp.
Production of child pornography is against the law. In addition to prosecuting these cases, the Justice Department is funding a study focused on the correlation between involvement in child pornography and hands-on sexual abuse of children. A 2008 study (The Butner Study) published in the Journal of Family Violence found that up to 80 percent of federal inmates incarcerated for possession, receipt, or distribution of child pornography also admitted to hands-on sexual abuse of children, ranging from touching to rape.
This case was brought as part of Project Safe Childhood (“PSC”), 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 U.S. Attorney offices and the Justice Department’s Criminal Division, Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab “resources.”An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Twenty-second Person Sentenced in Treasure Valley Aryan Knights InvestigationRead the Press Release
BOISE – Joshua Nall, 32, of Boise, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. He pleaded guilty to the charge on May 21, 2013.
According to the plea agreement, Nall admitted that on April 13, 2012, he possessed a Glock .40 pistol, which he provided to a confidential informant. Nall was prohibited from possessing the pistol because he was previously convicted in 2008 of unlawfully possessing a firearm, a felony punishable by a term of imprisonment exceeding one year.
Nall’s case was part of a larger investigation by the Treasure Valley Metro Violent Crimes Task Force, involving the Aryan Knights gang, in which 23 people were charged with drug trafficking and firearms violations; all have pleaded guilty, 22 have been sentenced and one is awaiting sentencing. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.
The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and the Idaho Department of Correction. The Organized Crime and Drug Enforcement Task Force (OCDETF) also contributed to the investigation, including the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
Nall was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Three Indicted for Conspiring to Facilitate the Interstate Travel of A Minor for ProstitutionRead the Press Release
MINNEAPOLIS—Earlier today in federal court, three individuals were indicted for arranging interstate transportation for the purpose of prostitution. Brandon Lynn Gilmore, age 23, and Angelica Marie Carter, age 20, both of Milwaukee, Wisconsin, and Dominique Alexandra McKee, age 19, no known address, were specifically charged with one count of conspiracy to facilitate travel in interstate commerce to engage in prostitution.
The indictment alleges that on July 12, 2013, the defendants entered into the conspiracy. A law enforcement affidavit filed in the case indicates that on July 20, 2013, Bloomington police were called to a local hotel to address a problem involving a 14-year-old girl. Upon their arrival, the police learned from the girl that she allegedly had been working as a prostitute out of the hotel for the past week. She reportedly said that Gilmore and McKee had brought her to the hotel from Milwaukee, where she wished to return. Officers located Gilmore and McKee in a hotel room. Carter was also found at the hotel. All three were immediately arrested.
According to police records, the minor female said she met McKee on a social website and chatted with him about escorting and making money. Then, on July 11, 2013, she allegedly met Gilmore and McKee at a Milwaukee hotel, where she was invited to travel with them to Minnesota to work as a prostitute. Allegedly, Gilmore took photographs of McKee and the young girl for the purpose of website-based advertising. For his part, Carter drove them all to Minnesota.
If convicted, the defendants face a potential maximum penalty of 30 years in prison. Any sentence would be determined by a federal district judge. This case is the result of an investigation by the Bloomington Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David P. Steinkamp.
Anyone who may have information about any human trafficking matter is encouraged to report that information to the FBI at 763-569-8000. For information about human trafficking, the National Human Trafficking Resource Center’s toll-free hotline (1-888-373-7888) is available to answer calls from anywhere in the country. The U.S. Department of Justice reports that an estimated 14,500 to 17,500 people are trafficked within the U.S. alone each year.
For more information, visit http://www.fbi.gov/about-us/investigate/civilrights/human_trafficking.An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Texas-Based School Chain to Pay Government $3.7 Million for Submitting False Claims for Federal Student Financial AidRead the Press Release
ATI Enterprises Inc. will pay the government $3.7 million to resolve False Claims Act allegations that it falsely certified compliance with federal student aid programs’ eligibility requirements and submitted claims for ineligible students, the Justice Department announced today.
“Federal financial aid is meant to help students obtain a quality education from an eligible institution, and the Department of Justice is committed to ensuring colleges comply with the rules to make certain that happens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division.
Allegedly, ATI Enterprises knowingly misrepresented to the Texas Workforce Commission and to the Accrediting Commission of Career Schools and Colleges its job placement statistics to maintain its state licensure and accreditation. To participate in federal student aid programs, as authorized by Title IV of the Higher Education Act of 1965, as amended (Title IV), schools must enter into a contract with the Secretary of Education called a Program Participation Agreement, in which they agree to a number of terms. For example, if an institution advertises its job placement rates as a means of attracting students to enroll, it must make available to prospective students its most recent and accurate employment statistics to substantiate the truthfulness of its advertisements. The government alleged that, by misrepresenting its job placement statistics, ATI Enterprises fraudulently maintained its eligibility for federal financial aid under Title IV.
The government further alleged that ATI employees engaged in fraudulent practices to induce students to enroll and maintain their enrollment in the schools. This falsely increased the schools’ enrollment numbers, and consequently, the amount of federal dollars they received at the expense of taxpayers and students, who incurred long-term debt.
“Misuses of the federal student aid system must not be tolerated, for the sake of the taxpayers and of the innocent individuals who are seeking a quality education,” said Sarah R. Saldaña, U.S. Attorney for the Northern District of Texas, where some of the ATI campuses involved in the lawsuit are located.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida said: “Federal financial aid is there to help students attain their dreams and goals, and misuse of these funds to increase corporate profits is unacceptable. We are committed to ensuring that federal student aid is used for the benefit of students.”
The settlement amount will be paid from funds supporting three letters of credit that ATI provided to the Department of Education. In addition to the False Claims Act settlement, the Department of Education will disburse from the letter of credit funds $2 million for student loan refunds in relation to cases students filed against ATI in Texas state courts and other related arbitrations.
“Federal student aid exists so that students can make the dream of a higher education a reality. That’s why misuse in any way of these vital funds cannot be tolerated,” said Kathleen Tighe, Inspector General of the U.S. Department of Education. “I’m proud of the work of OIG special agents for holding ATI Enterprises accountable and for protecting the integrity of federal education dollars.”
The settlement resolves allegations made in two separate complaints against ATI Enterprises Inc., and related entities filed under the False Claims Act’s qui tam, or whistleblower, provisions, which permit a private individual to file suit for false claims to the government and to share in any recovery. The first complaint, U.S. ex rel. Aldridge, et al. v. ATI Enterprises Inc., et al., was filed in July 2009 in the U.S. District Court for the Northern District of Texas. The second complaint, U.S. ex rel. Ramirez-Damon v. ATI Enterprises Inc., was filed in July 2011 in the U.S. District Court for the Southern District of Florida.
This matter was investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Texas, the U.S. Attorney’s Office for the Southern District of Florida, and the Department of Education’s Office of Inspector General and Office of General Counsel. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Texas-Based School Chain to Pay Government $3.7 Million for Submitting False Claims for Federal Student Financial AidRead the Press Release
Schools Located in Texas, Florida, New Mexico and Oklahoma
ATI Enterprises Inc. will pay the government $3.7 million to resolve False Claims Act allegations that it falsely certified compliance with federal student aid programs’ eligibility requirements and submitted claims for ineligible students, the Justice Department announced today.
“Federal financial aid is meant to help students obtain a quality education from an eligible institution, and the Department of Justice is committed to ensuring colleges comply with the rules to make certain that happens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division.
Allegedly, ATI Enterprises knowingly misrepresented to the Texas Workforce Commission and to the Accrediting Commission of Career Schools and Colleges its job placement statistics to maintain its state licensure and accreditation. To participate in federal student aid programs, as authorized by Title IV of the Higher Education Act of 1965, as amended (Title IV), schools must enter into a contract with the Secretary of Education called a Program Participation Agreement, in which they agree to a number of terms. For example, if an institution advertises its job placement rates as a means of attracting students to enroll, it must make available to prospective students its most recent and accurate employment statistics to substantiate the truthfulness of its advertisements. The government alleged that, by misrepresenting its job placement statistics, ATI Enterprises fraudulently maintained its eligibility for federal financial aid under Title IV.
The government further alleged that ATI employees engaged in fraudulent practices to induce students to enroll and maintain their enrollment in the schools. This falsely increased the schools’ enrollment numbers, and consequently, the amount of federal dollars they received at the expense of taxpayers and students, who incurred long-term debt.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida said: “Federal financial aid is there to help students attain their dreams and goals, and misuse of these funds to increase corporate profits is unacceptable. We are committed to ensuring that federal student aid is used for the benefit of students.”
“Misuses of the federal student aid system must not be tolerated, for the sake of the taxpayers and of the innocent individuals who are seeking a quality education,” said Sarah R. Saldaña, U.S. Attorney for the Northern District of Texas, where some of the ATI campuses involved in the lawsuit are located.
The settlement amount will be paid from funds supporting three letters of credit that ATI provided to the Department of Education. In addition to the False Claims Act settlement, the Department of Education will disburse from the letter of credit funds $2 million for student loan refunds in relation to cases students filed against ATI in Texas state courts and other related arbitrations.
“Federal student aid exists so that students can make the dream of a higher education a reality. That’s why misuse in any way of these vital funds cannot be tolerated,” said Kathleen Tighe, Inspector General of the U.S. Department of Education. “I’m proud of the work of OIG special agents for holding ATI Enterprises accountable and for protecting the integrity of federal education dollars.”
The settlement resolves allegations made in two separate complaints against ATI Enterprises Inc., and related entities filed under the False Claims Act’s qui tam, or whistleblower, provisions, which permit a private individual to file suit for false claims to the government and to share in any recovery. The first complaint, U.S. ex rel. Aldridge, et al. v. ATI Enterprises Inc., et al., was filed in July 2009 in the U.S. District Court for the Northern District of Texas. The second complaint, U.S. ex rel. Ramirez-Damon v. ATI Enterprises Inc., was filed in July 2011 in the U.S. District Court for the Southern District of Florida.
This matter was investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Texas, the U.S. Attorney’s Office for the Southern District of Florida, and the Department of Education’s Office of Inspector General and Office of General Counsel. The claims settled by this agreement are allegations only, and there has been no determination of liability.
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.
Texas Man Sentenced for Wichita Bank RobberyRead the Press Release
WICHITA, KAN. – A Texas man has been sentenced for robbing a Wichita bank, U.S. Attorney Barry Grissom said today.
Lessie B. Cooper, Jr., 34, Fort Worth, Texas, was sentenced to 112 months in federal prison. Cooper pleaded guilty to the March 16, 2012, robbery of the Commerce Bank branch at 1701 S. Broadway in Wichita.
In his plea, Cooper admitted his brother, co-defendant Justin Cooper, drove him to the bank. Once inside, Lessie Cooper jumped over the counter and pointed a loaded rifle at the tellers. As he left the bank and was getting into the car a dye pack exploded, attracting the attention of a police officer sitting in her patrol car nearby. Police pursued Cooper’s car until it stopped at the intersection of Clark and Silver streets. Justin Cooper surrendered there, but Lessie Cooper fled on foot. Police eventually found him hiding under a bed in a residence in the 2100 block of South Silver.
Justin Cooper pleaded guilty to aiding and abetting a bank robbery and was sentenced 92 months in federal prison.
Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Matt Treaster for their work on the case.
Statement of the Attorney General on Resignation of U.S. Attorney for the Eastern District of Virginia Neil H. MacBrideRead the Press Release
Attorney General Eric Holder issued the following statement today on the resignation of U.S. Attorney for the Eastern District of Virginia Neil H. MacBride:
“Throughout his tenure as United States Attorney for the Eastern District of Virginia, Neil has worked tirelessly to make a lasting difference for Americans across – and far beyond – his district.
“At every turn, he has exemplified the highest standards of excellence, integrity, and professionalism. He has distinguished himself as an exceptional leader, a committed public servant, and a brilliant attorney – handling complicated cases with extraordinary skill.
“Over the many years we have worked together, I’ve always been grateful for Neil’s dedicated service, his personal friendship, and his principled stewardship of our nation’s justice system. I am certain that his enduring contributions, his many achievements, and his fine example will guide the men and women who serve the Eastern District for years to come. And I wish him all the best as he takes the next steps in his already remarkable career.”
South Dakota Man Convicted of Bank Robbery in New EnglandRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on August 22, 2013, Colt D. Schneider, 19, Rapid City, S.D., was found guilty by a federal jury in U.S. District Court on a charge of bank robbery and a charge of use and carry of a firearm during and in relation to a crime of violence.
On October 18, 2012, at approximately 8:20 a.m., two men wearing black ski masks and carrying guns entered American Bank Center in New England, N.D. After obtaining money from a bank employee, the men fled the scene.
During the investigation it was discovered that shortly before the robbery, a man who matched the physical characteristics of one of the bank robbers had stopped at a gas station in New England and had purchased gas. Law enforcement obtained the video from the gas station and distributed a picture of the suspect. A detective with the Rapid City (S.D.) Police Department recognized the man as Colt Schneider. Further investigation led to the identity of the other man – Johnner Joe Ward, Jr.
The police found that Schneider and Ward worked for a construction company in Rapid City and that they had worked on a construction job in New England a few months before the robbery.
On November 10, 2012, Schneider was arrested in Sarasota, Fla.
On November 2, 2012, Ward was arrested in Midland, Texas. On February 22, 2013, Ward pleaded guilty to charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence. He is scheduled to be sentenced on August 26, 2013.
The charge of bank robbery carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. The charge of use and carry of a firearm during and in relation to a crime of violence carries a statutory maximum of life in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, North Dakota Bureau of Criminal Investigation, Hettinger County Sheriff’s Department, North Dakota Highway Patrol, Dickinson Police Department, Bismarck Police Department, Rapid City Police Department, Midland (Texas) Police Department, Bradenton (Florida) Police Department, and Florida Game & Fish.
Sentencing for Schneider has been scheduled for November 15, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney David Hagler is prosecuting the case.
Somerset County Man Pleads Guilty to Kidnapping ChargeRead the Press Release
JOHNSTOWN, Pa. – A resident of Windber, Pa., pleaded guilty in federal court to a charge of kidnapping, United States Attorney David J. Hickton announced today.
Lawrence R. Horner, III, 37, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on July 9, 2011, Horner kidnaped a person whose identity is known and referred to as "L.N.," and did willfully travel and transport L.N. in interstate commerce in commission of the kidnaping offense.
Judge Gibson scheduled sentencing for Jan. 7, 2014, at 11 a.m. The law provides for a total sentence of life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Richland Township Police Department and the Laurel Highlands Resident Agency of the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Horner.
Sioux Falls Man Charged with Distribution and Receipt of Material Involving the Sexual Exploitation of Minors and Possession of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Distribution and Receipt of Material Involving the Sexual Exploitation of Minors and Possession of Child Pornography.
Avugwi Alvarez, age 22, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to allegations that, between approximately November 1, 2012, to January 7, 2013, Alvarez used the internet to distribute visual depictions of minors engaged in sexually explicit conduct. He also possessed images of child pornography.
The charges are merely an accusation and Alvarez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department and the U.S. Marshals Service. U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.
Alvarez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Sentences for August 14 – 22, 2013Read the Press Release
Richard Michael Hursh, aka Richard Tucker, 34, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on August 22, 2013, for being a felon in possession of a firearm. Hursh was arrested in Cheyenne, Wyoming. He received 33 months imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and a $100.00 fine. This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Christopher Ponish, 52, of Panorama City, California, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 21 2013, for conspiracy to commit mail and wire fraud. Ponish was arrested in Panorama City, California. He received 24 months imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and restitution in the amount of $4,425,034.63, joint and several with all co-defendants in Criminal Case 12-CR-00058-S. The Court additionally ordered forfeiture in the amount of $197,200.00. This case was investigated by the Wyoming Secretary of State’s Office, The Federal Bureau of Investigation, the United States Postal Inspection Service and the Secret Service.
Marco Buckley, 28, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 21, 2013, for being a felon in possession of a firearm. Buckley was arrested in Casper, Wyoming. He received 64 months imprisonment, to be followed by three years of supervised release and was ordered to pay a$100.00 special assessment and a $400.00 fine. This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Kevin Best, aka Julian Josef, aka Bill Baker, 54, of Van Nuys, California, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 16, 2013, for conspiracy to commit mail and wire fraud. Best was arrested in Van Nuys, California. He received 24 months imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and restitution in the amount of $4,425,034.63, joint and several with all co-defendants in Criminal Case 12-CR-00058-S. The Court additionally ordered forfeiture in the amount of $99,083.58. This case was investigated by the Wyoming Secretary of State’s Office, The Federal Bureau of Investigation, the United States Postal Inspection Service and the Secret Service.
Lauren Elizabeth Scott, aka Jillian Taylor, dba Mountain State Power Group, Inc., Mountain State Power, Inc., and Sovereign Energy Partners, 54, of Morgan, Utah, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 16, 2013, for conspiracy to commit mail and wire fraud and conspiracy to launder money. Scott was arrested in Morgan, Utah. She received 57 months imprisonment, to be followed by three years of supervised release and was ordered to pay a $200.00 special assessment and restitution in the amount of $4,425,034.63, joint and several with all co-defendants in Criminal Case 12-CR-00058-S. The Court additionally ordered forfeiture in the amount of $1,123,000.00. This case was investigated by the Wyoming Secretary of State’s Office, The Federal Bureau of Investigation, the United States Postal Inspection Service and the Secret Service.
Kari Lee Steelman, 25, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl in August 14, 2013, on one count of conspiracy to possess with intent to distribute, and to distribute, a synthetic cannabinoid, a Schedule I controlled substance analogue, resulting in serious bodily injury and one count of distribution of a synthetic cannabinoid, a Schedule I controlled substance analogue, resulting in serious bodily injury and aiding and abetting. Steelman was arrested in Casper, Wyoming. She received 36 months imprisonment, to be followed by three years of supervised release and was ordered to pay a $200.00 special assessment. The case was investigated by the Casper Police Department and the U.S. Drug Enforcement Administration.
Second Englishtown, N.J., Pharmacy Burglar Admits Conspiracy to Sell Stolen OxycodoneRead the Press Release
TRENTON, N.J. – A Brooklyn, N.Y., man today admitted his involvement in a plot to burglarize a pharmacy in Englishtown, N.J., and sell stolen narcotics for cash, U.S. Attorney Paul J. Fishman announced.
David Mordukhaev, 22, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with one count of conspiracy to distribute oxycodone and possess oxycodone with intent to distribute.
According to documents filed in this case and statements made in court:
The Union Hill-Supremo Pharmacy in Englishtown was burglarized shortly after 4:00 a.m. on June 17, 2012. Mordukhaev and his fellow conspirators filled 17 garbage bags and two cardboard boxes with merchandise from the pharmacy, including approximately 1,988 dosage units of methylphenidate, 500 dosage units of hydromorphone, 300 dosage units of Opana (a trade name for oxymorphone) and 3,800 dosage units of oxycodone – all Schedule II controlled substances. The stock lost by the pharmacy was valued at $350,000. Mordukhaev admitted he stole the drugs knowing they would be sold for profit.
The conspiracy to distribute oxycodone charge to which Mordukhaev pleaded guilty carries a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for Dec. 3, 2013.
Mordukhaev’s co-conspirator, James Zarbailov, previously pleaded guilty before Judge Wolfson on May 9, 2013, to conspiracy to distribute and possess with intent to distribute oxycodone. Zarbailov will be sentenced on Oct. 3, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Red Bank Resident Agency, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and law enforcement officers from the Marlboro Township Police Department, under the direction of Police Chief Bruce E. Hall, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney John E. Clabby of the U.S. Attorney’s Office Criminal Division in Trenton.13-344
Defense counsel: Lance Lazzaro Esq., Brooklyn, N.Y.
Mordukhaev, David Information
Scranton Man Convicted of Murder-For-Hire Conspiracy and Related CrimesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal jury returned guilty verdicts Wednesday against a Scranton man on all five charges related to his participation in a murder-for-hire scheme after a three-day trial in Senior U.S. District Court Judge A. Richard Caputo’s courtroom in Wilkes-Barre.
According to United States Attorney Peter J. Smith, the jury deliberated approximately three hours before finding Gary Williams, age 45, guilty of conspiracy to commit a murder-for-hire, carrying and possessing a firearm in relation to and in furtherance of a crime of violence, receiving a firearm and ammunition in interstate commerce with the intent to commit a felony offense, unlawfully possessing a firearm as a convicted felon, and attempting to tamper with a witness.
Williams was originally indicted by a federal grand jury in August 2012 as a result of an investigation by the Federal Bureau of Investigation and the Scranton Police Department. Williams was charged in a superseding indictment in April 2013. The indictment alleged that Williams agreed to kill the ex-wife of a co-conspirator, and that the co-conspirator shipped a rifle and bullets from Cape Coral, Florida to Scranton for Williams to use to commit the murder. The indictment further alleged that the co-conspirator promised Williams money and a job for committing the murder.
Judge Caputo scheduled sentencing in the case for November 21, 2013. Williams faces a possible maximum sentence of life in prison, a fine of up to $1.25 million, a maximum term of supervised release of 19 years, and a $500 special assessment. Williams was ordered to be detained in prison pending sentencing.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Santa Rosa Man Sentenced to 64 Months for Ponzi SchemeRead the Press Release
SAN FRANCISCO - Douglas Hollingsworth was sentenced yesterday to 64 months in prison and ordered to pay $4.9 million in restitution for defrauding numerous individuals in connection with an approximately five-year long Ponzi scheme, United States Attorney Melinda Haag announced.
Hollingsworth, 64, of Santa Rosa, Calif., pleaded guilty on February 13, 2013, to wire fraud and money laundering. According to the plea agreement, from approximately June 2007 through October 2012, Hollingsworth solicited money from numerous individuals by falsely representing that his business entities, Baytree Investors, Inc. and Capsule Partners, LLC, had developed a sophisticated computer system that permitted him to identify financial market trends and generate substantial profits from trading activity. In soliciting money from the victims, Hollingsworth falsely stated that if they loaned him money, he could pay them significant monthly interest payments from the profits earned from successful trading activity.
As part of the fraud scheme, Hollingsworth took money from some of the victims after he intentionally failed to tell them that the Federal Bureau of Investigation had searched his residence in July 2010 and that he had been charged with wire fraud in August 2011. In addition, Hollingsworth did not use the money received from the victims to engage in trading, but instead spent the money on personal expenses, including jewelry, and to make monthly interest payments to other individuals who had provided him with money.
Hollingsworth was originally indicted by a federal Grand Jury on August 16, 2011. On August 28, 2012, and December 18, 2012, the grand jury returned superseding indictments. In the Second Superseding Indictment, Hollingsworth was charged with 2 counts of mail fraud, in violation of 18 U.S.C. Section 1341; 21 counts of wire fraud, in violation of 18 U.S.C. Section 1343; and 4 counts of money laundering, in violation of 18 U.S.C. Section 1957. Under the plea agreement, Hollingsworth pleaded guilty to one count of wire fraud and one count of money laundering.
The sentence was handed down by The Honorable Charles R. Breyer, U.S. District Court Judge. Judge Breyer also sentenced the defendant to a 3-year period of supervised release with conditions that limit his ability to hold fiduciary roles and to receive or manage money of third parties, and ordered forfeiture of approximately $80,000 that was in bank accounts seized in July 2010 during the course of the investigation.
At the sentencing hearing, Judge Breyer ordered Hollingsworth to surrender immediately to begin serving his prison sentence. Hollingsworth is now in custody.
Denise Marie Barton is the Assistant United States Attorney who is prosecuting the case with the assistance of Denise Oki, Rayneisha Booth, Elizabeth Garcia and Assistant United States Attorney Patricia Kenney. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Red Lake Man Indicted for Sexual AbuseRead the Press Release
MINNEAPOLIS—A federal indictment unsealed earlier today charges a 43-year-old Red Lake man with sexually abusing a woman on the Red Lake Indian Reservation. The indictment, which was filed on July 23, 2013, charges Alan James Lussier with one count of sexual abuse. The indictment was unsealed following Lussier’s initial appearance in federal court.
The indictment alleges that on March 13, 2011, Lussier caused the victim to engage in a sexual act by placing her in fear.
If convicted, Lussier faces a potential maximum penalty of life in prison. Any sentence will be determined by a federal district court judge. This case is the result of an investigation by the Red Lake Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Deidre Y. Aanstad.
Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.The U.S. Justice Department is taking steps to increase engagement, coordination, and action relative to public safety in tribal communities, including the creation of the Violence Against Women Federal and Tribal Prosecution Task Force. This task force explores current issues raised by professionals in the field and recommends “best practices” in prosecution strategies involving domestic violence, sexual assault, and stalking.
Violence against American Indian women occurs at epidemic rates. In 2005, Congress reported that one in three American Indian women is raped during her lifetime, and American Indian women are nearly three times more likely to be battered during their lives as Caucasian women.An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Real Estate Business Owner Sentenced to Prison in Mortgage Fraud SchemeRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
Antonio Weathers, 42, of Cincinnati, Ohio was sentenced in Cincinnati today to 17 months in prison for his role in a mortgage fraud scheme involving several mortgage lenders that were defrauded as a result of falsified loan documents submitted for purchases of multiple Cincinnati-area properties.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service, announced the sentence handed down by Chief United States District Judge Susan J. Dlott.
Weathers pleaded guilty on April 8, 2013 to one count of mail fraud and one count of money laundering. According to court documents, Weathers formed a real estate business in which he arranged for the purchase and resale of mostly low income properties. Weathers committed mail fraud by securing mortgage closing funds for the purchase of a property located in Cincinnati, Ohio which resulted in a U.S. Postal Service Express Mail package to be sent from Strongtower Title Agency to the lender, Preferred Capital. Weathers then transferred $42,532.43 in mail fraud proceeds from one bank account to another bank account in the name of Antonio Weathers, d/b/a, KI Enterprises.
Weathers was also sentenced to serve three years of supervised release after his prison term and was ordered to pay $242,340 in restitution to the victim lenders.
On June 25, 2013 Sylvia Odia Thomas, 41, formerly of West Chester, Ohio was sentenced by Senior U.S. District Judge Herman J. Weber to 30 months in prison for her role in this mortgage fraud scheme. She pleaded guilty on November 6, 2012 to one count of mail fraud and one count of filing false income tax returns. Both crimes were committed in connection with her business as a mortgage broker. “She habitually falsified documentation for loan applications for her clients and failed to report her correct income to the IRS,” Assistant U.S. Attorney Tim Mangan wrote in a memorandum filed with the court prior to sentencing.
Thomas willfully filed false federal income tax returns with the IRS for the 2006 through 2009 income tax years. These federal income tax returns did not include substantial amounts of additional income that was paid to Thomas in the form of broker closing and processing fees that were obtained from brokering and closing client loans. In total, Thomas underreported her gross receipts by $312,882 for the 2006 through 2009 income tax years, resulting in a tax loss of $95,422.14. The Court determined the amount of loss attributable to Thomas from mortgage fraud was $313,021.
Thomas operated a home renovation company and later started her own mortgage brokerage business. Eventually, she began writing false income and employment information on loan applications in order to get her clients approved. She also fabricated false supporting documents that were sent to the lenders and created false down payments for her clients by making cashier’s checks to look like earnest money from the clients.
Thomas was ordered to serve three years of supervised release after her prison term and must pay $313,021 in restitution to lenders, plus $95,422.14 to the IRS.
“By now, there have been enough mortgage fraud related convictions around the country that those who are thinking about doing it ought to know that they are going to get caught,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Stewart commended the cooperative investigation conducted by IRS Special Agents and Postal Inspectors, and Assistant United States Attorney Mangan who prosecuted this case.
Randolph County Woman Sentenced on Methamphetamine ConspiracyRead the Press Release
On August 22, 2013, Gerilynn Bennett, 41, of Sparta, IL, was sentenced in United States District Court in Benton on an indictment charging conspiracy to manufacture methamphetamine, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Bennett, who had previously pled guilty to the methamphetamine offense, was sentenced to 71 months in prison, to be followed by 3 years of supervised release, and fined $200. Evidence at the plea hearings established that Bennett was involved with others in the manufacture of methamphetamine. Bennett obtained over 57 grams of pseudoephedrine, which was used during the manufacture of methamphetamine. The offense occurred between January 2011, and January 2013, in Perry, Jackson, and Randolph Counties. Seven co-defendants have previously been sentenced for their role in the methamphetamine conspiracy. Five co-defendants have pled guilty and are awaiting sentencing.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Randolph County Sheriff’s Office, Perry County Sheriff’s Office, Percy Police Department, Murphysboro Police Department, Sparta Police Department, and Drug Enforcement Administration.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
Philadelphia Man Charged in Bank RobberyRead the Press Release
Harry Michael Schiech, 30, of Philadelphia, Pennsylvania was charged today by indictmentwith bank robbery and attempted bank robbery, announced United States Attorney Zane David Memeger.
According to the indictment, on May 18, 2013, Schiech robbed the Citizens Bank branch at 2702 Kirkbride Street, in Philadelphia and, on May 24, 2013, attempted to rob the Bank of America branch at 2439 Welsh Road in Philadelphia.
If convicted of all charges, the defendant faces a maximum possible sentence of 40 years in prison.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Salvatore L. Astolfi.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Orleans Man, Gregory R. Alexander, Pleads Guilty to Possession of Flammable Liquid BombRead the Press Release
GREGORY R. ALEXANDER, age 35, a resident of New Orleans, Louisiana pled guilty today in federal court before U.S. District Judge Carl J. Barbier to a violation of the National Firearms Registration Act, specifically possession of a destructive device commonly known as a gasoline bomb, which was not registered to him in the National Firearms Registration and Transfer Record, announced U.S. Attorney Dana Boente.
According to court documents, on February 25, 2013, ALEXANDER attempted to destroy his truck with a flammable liquid (gasoline) bomb while it was parked at a local bank. ALEXANDER then filed an insurance claim claiming his truck had been stolen earlier.
ALEXANDER faces a maximum statutory penalty of 10 years incarceration. Sentencing has been scheduled for November 14, 2013.
This case was investigated jointly by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) along with bomb squad members and detectives from the New Orleans Police Department and Arson investigators of the New Orleans Fire Department. This case is being prosecuted by Tony Sanders of the Violent Crimes Unit.
(Download Factual Basis )
New Orleans Postal Employee, Chanel M. Mcginnis, Sentenced for Embezzlement of Mail MatterRead the Press Release
CHANEL M. MCGINNIS, age 28, a resident of New Orleans, Louisiana, was sentenced today in federal court by U.S. District Judge Nannette Jolivette Brown to one year probation for embezzlement of mail matter by a postal employee, announced U. S. Attorney Dana J. Boente. McGINNIS was also ordered to pay $500 in restitution to the victim.
According to court documents, on or about February 7, 2011, MCGINNIS, while being an employee of the United States Postal Service, embezzled $450 in United States currency that was contained in a first class letter addressed to W.B., a resident of Metairie, Louisiana.
The case was investigated by the United States Postal Service - Office of Inspector General and is being prosecuted by Assistant U. S. Attorney Loan “Mimi” Nguyen.
New Orleans Man, Ronald Taylor, Indicted as Felon in Possession of A FirearmRead the Press Release
RONALD TAYLOR, age 20, of New Orleans, Louisiana, was charged in a one-count indictment by a Federal Grand Jury with being a felon in possession of a firearm, announced U. S. Attorney Dana Boente.
According to the indictment, TAYLOR was found in possession of two pistols and has a prior felony conviction in Orleans Parish Criminal District Court for aggravated assault with a firearm.
TAYLOR faces a maximum term of imprisonment of 10 years, a fine of $250,000, and 3 years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Special Assistant United States Attorney Michael B. Redmann.
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New Orleans Man, Christopher Joseph, Indicted as Felon in Possession of A FirearmRead the Press Release
CHRISTOPHER JOSEPH, age 34, a resident of New Orleans, Louisiana, was charged today in a one-count indictment by a Federal Grand Jury with being a felon in possession of a firearm, announced U. S. Attorney Dana Boente.
According to the indictment, JOSEPH was found in possession of a pistol after having been convicted in Orleans Parish Criminal District Court of possession of 200-400 grams of cocaine and distribution of marijuana.
JOSEPH faces a maximum term of 10 years imprisonment, a fine of $250,000, and
3 years of supervised release following any term of imprisonment.U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Special Assistant United States Attorney Michael B. Redmann.
(Download Indictment )
Nampa Man Admits Unlawfully Possessing A FirearmRead the Press Release
BOISE – Keanta M. Lathrop, 35, of Nampa, Idaho, pleaded guilty today in United States District Court to one count of unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, court records show that Lathrop pleaded guilty to trafficking cocaine in Ada County and was sentenced on May 23, 2007, to six years in prison. Lathrop was granted parole and released from prison in November 2009. As a condition of release, Lathrop agreed to searches of his person or property. In October 2012, a search was conducted of Lathrop’s Nampa residence by Nampa police and Lathrop’s parole officer. The officers discovered a Jimenez Arms .380 semiautomatic pistol inside a backpack at the residence. Lathrop was present during the search and subsequently admitted that his fingerprints were on the weapon and he knowingly possessed the firearm. Because Lathrop was previously convicted of the felony offense of trafficking cocaine, he is prohibited from possessing firearms.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The government is seeking forfeiture of the firearm.
Lathrop is scheduled to be sentenced on November 13, 2013, by Chief U.S. District B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Nampa Police Department, Idaho Department of Probation and Parole, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Lathrop is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Murray, West Jordan Get Department of Justice Grants to Support Law Enforcement, CommunitiesRead the Press Release
Utah Department of Public Safety Also Gets Forensic Science GrantSALT LAKE CITY – The U.S. Department of Justice has awarded Edward Bryne Memorial Justice Assistance Grants (JAG) to Murray and West Jordan to support law enforcement efforts in the two cities.
JAG funding allows states and local governments to support a broad range of activities to prevent crime based on their own state and local needs. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support and information systems for criminal justice programs. The funds can be used in a variety of program areas, including law enforcement; prosecution and court programs; prevention and education; corrections; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs (other than compensation).
Murray received a $32,595 grant from DOJ’s Bureau of Justice Assistance. Murray will use the funds to purchase law enforcement equipment for police vehicles.
West Jordan received a $34,538 grant. West Jordan will use the funds for training and law enforcement equipment.
DOJ’s National Institute of Justice has awarded a $59,427 grant to the Utah Department of Public Safety as a part of this year’s Paul Coverdell Forensic Science Improvement Grants Program. Coverdell funds are to be used to improve the quality and timeliness of forensic science and medical examiner services and to eliminate backlogs in the analysis of forensic evidence, including controlled substances, firearms examinations, forensic pathology, latent prints, questioned documents, toxicology and trace evidence.
Minneapolis Felon Pleads Guilty to Possessing Four FirearmsRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 47-year-old Minneapolis felon pleaded guilty to one count of being a felon in possession of a firearm for possessing a .357-caliber revolver, a rifle and two shotguns. Carl Craig Larson, who was indicted on June 18, 2013, entered his plea before United States District Judge Susan Richard Nelson.
In his plea agreement, Larson admitted that on April 21, 2013, law enforcement officers responded to a burglary call at a home in Waseca County, where they found Larson inside the residence. Police went on to discover several pieces of jewelry in Larson’s pockets. They also found a loaded .357 revolver in the house, which Larson had admittedly possessed and had used to shoot at doors in attempting to enter the house.
During the execution of a search warrant on the car Larson drove to the burglary, officers uncovered three other guns. The guns matched the description of firearms that had been reported stolen during a burglary in LeSueur County on April 20, 2013. The guns included a seven-millimeter caliber rifle and two 12-gauge shotguns.
Because he is a felon, Larson is prohibited under federal law from possessing a firearm at any time. Larson was previously convicted in Hennepin County for second-degree murder (1986), financial transaction card fraud (1997), and burglary (1999 and 2010). Because at least three of those convictions constituted crimes of violence, Larson will now be subject to the federal Armed Career Criminal Act. That act mandates a minimum of 15 years in federal prison for anyone with such a record who is subsequently convicted in federal court for being a felon in possession of a firearm or ammunition. Judge Nelson will determine Larson’s sentence at a future hearing, yet to be scheduled.
This case is the result of an investigation by the LeSueur and Waseca county sheriff’s offices, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorneys Julie E. Allyn and Sarah E. Hudleston.Milford Realtor Charged with Running $15 Million Investment Fraud SchemeRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
A federal grand jury has charged Brenda Ashcraft, 43, of Milford, Ohio, with defrauding investors of at least $15 million between 2009 and 2013 in a scheme to purchase and sell real estate through real estate investment trusts known as REITs.
Carter M. Stewart, United States Attorney for the Southern District of Ohio; Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI); Mark Porter, Special Agent in Charge, U.S. Secret Service; and Andre T. Porter, Director of Ohio Department of Commerce, announced the indictment that was returned on August 21, 2013.
The indictment alleges that Aschraft owned and operated French Manor Properties, which she told investors was acting as the REIT Trustee that would “secure residential and commercial real estate at wholesale pricing.” Investors believed that their investments were secured by real estate and Ashcraft promised them 40% annual returns on their investments.
Instead, the indictment alleges, Ashcraft diverted investor funds to her own personal use and benefit, including a $50,000 investor payment that she used to pay for Cincinnati Reds season tickets. Ashcraft would at times send investors checks for returns on their investments but the checks often bounced.
The indictment charges Ashcraft with one count of wire fraud and one count of securities fraud, each punishable by up to 20 years in prison. She is also charged with one count of engaging in a monetary transaction in criminally derived property and aiding and abetting, punishable by up to 10 years in prison. She faces a maximum fine of $5 million on the securities fraud charge. The wire fraud and monetary transaction charges each carry maximum fines of $250,000, or two times the loss, with restitution possible on both counts.
Ashcraft is scheduled to appear Friday, August 23, 2013 at 1:30 p.m. before United States District Court Magistrate Judge Karen L. Litkovitz to answer the charges.Stewart commended the cooperative investigation of this case by FBI and Secret Service agents, Ohio Department of Commerce, Division of Securities staff, and Assistant U.S. Attorneys Timothy Mangan and Emily Glatfelter, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Maryland Man, Richard Mcneal, Sentenced for Trafficking in Counterfeit GoodsRead the Press Release
RICHARD MCNEAL, age 47, a resident of Randallstown, MD, was sentenced in federal court today by U.S. District Judge Mary Ann Vial Lemmon for Trafficking in Counterfeit Goods, announced United States Dana J. Boente. MCNEAL was sentenced to 6 months incarceration, followed by 3 years of supervised release, and ordered to pay full restitution in the amount of $5,650 to the victims.
According to Court documents, the defendant travelled to New Orleans on or about January 8, 2012 in order to sell counterfeit tickets to the 2012 Allstate BCS National Championship game. Because there were no available hotel rooms in New Orleans, the defendant travelled to Picayune, Mississippi and stayed at a Days Inn Motel. While staying at the Days Inn, the defendant sold four counterfeit tickets, for a total of $3,000, to victims who wanted to attend the BCS National Championship Game. When the victims tried to enter the Mercedes Benz Super Dome to attend the game, the tickets were rejected for being counterfeit. The victims then returned to Picayune, Mississippi and reported the crime to local police.
On or about February 2, 2013, the defendant travelled to New Orleans to sell counterfeit tickets to the Super Bowl. During the events leading up to the Super Bowl, Homeland Security Investigations (HSI) and the National Football League (NFL) set up the NFL Ticket Reconciliation Office (TRO), as part of an effort to investigate counterfeit Super Bowl ticket sales. On February 3, 2013, at approximately 11:45 a.m., HSI Special Agents were contacted by a victim who sought to verify the authenticity of two tickets she had purchased from the defendant for a total of $1,650. After it was determined that the tickets were counterfeit, the victim provided the defendant’s contact information to HSI Special Agents.
On February 3, 2013, at approximately 12:10 p.m., HSI Special Agents, acting in an undercover capacity, arranged to meet the defendant at a local coffee shop in order to purchase Super Bowl tickets. At the coffee shop, the defendant offered to sell two Super Bowl tickets for a total of $2,600, to an undercover HSI Special Agent. Officers of the New Orleans Police Department who were working with the HSI Special Agents, then arrested the defendant after it was determined that the tickets were counterfeit.
On February 3, 2013, at approximately 2:40 p.m., a second victim entered the TRO and was in possession of two counterfeit tickets he had purchased from the defendant for a total of $1000. The victim had the defendant’s telephone number, and positively identified a photo of the defendant as the person who had sold him the counterfeit tickets.
This case was investigated by Homeland Security Investigations, the Picayune Police Department, the Pearl River County District Attorney’s Office, the New Orleans Police Department and the Orleans Parish District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorney G. Dall Kammer.
Man Sentenced to 6.5 Years in Federal Prison for Sexual Abuse on the Umatilla Indian ReservationRead the Press Release
The abuse began when the victim was 14 years oldPORTLAND, Ore. — U.S. District Judge Anna J. Brown sentenced Thomas Lee Bear, 31, of Lewiston, Idaho, yesterday to 78 months in federal prison, to be followed by 10 years of supervised release. In January 2013, Bear pled guilty before Judge Brown to sexual abuse of a minor. After Bear completes his prison term, he will be required to register as a sex offender and undergo sex offender treatment. Bear has been in the custody of the U.S. Marshals Service since his arrest in this case in July 2012.
“It is absolutely repugnant for grown men to use the internet to prey upon teenage girls,” said U.S. Attorney Amanda Marshall. “The rate of sexual abuse against girls in Indian Country is tragically high. The prison sentence in this case should serve as a warning to anyone who would do harm to the children of Tribal Nations.”
Bear admitted to having sexual intercourse with a girl on the Umatilla Indian Reservation in the fall of 2011. The victim, who was 14 years old at the time the sex abuse began, is an enrolled member of the Confederated Tribes of the Umatilla Indian Reservation. Bear further admitted that he used a social networking website to persuade, induce, entice, and coerce the victim into having sexual intercourse.
This case was investigated by the Umatilla Tribal Police Department and the FBI’s Office in Pendleton, Oregon. The case was prosecuted by Assistant U.S. Attorney Craig Gabriel.
Man Pleads Guilty to Fraudulently Obtaining United States Citizenship and Bribing Federal OfficialRead the Press Release
ATLANTA – Hakeem Omar pleaded guilty in federal court to fraudulently obtaining his United States citizenship and for his role in a bribery conspiracy.
“This defendant’s attempts to subvert the immigration process by offering bribes to a federal agent were unsuccessful,” said United States Attorney Sally Quillian Yates. “The United States is the land of promise for many, but we are also a land of laws. Bribing a federal agent is against the law, and will only lead to jail and deportation, not U.S. citizenship.”
“Maintaining the integrity of our immigration system is a core mission of the Department of Homeland Security,” said David P. D’Amato, special agent in charge of ICE’s Office of Professional Responsibility (OPR) for the Southeast Region. “Those who seek to undermine the law through bribery and corruption will be investigated, arrested and brought to justice. This guilty plea should be a strong warning that OPR and the U.S. Attorney’s Office take this crime seriously and will prosecute it to the fullest extent of the law.”
According to United States Attorney Yates, the charges and other information presented in court: Beginning in September 2010, and continuing until at least July 2012, Omar paid a series of bribes to a Special Agent with the Department of Homeland Security who was working in an undercover capacity. In exchange for the bribes, Omar sought immigration benefits as well as other benefits. Over a two-year period, he paid thousands of dollars to the undercover special agent for what he believed was assistance with his immigration status in the United States, including obtaining United States citizenship through naturalization.
Omar, 31, of Atlanta, Ga., could receive a maximum sentence of five years in prison and a fine of up to $250,000. The defendant will be stripped of his fraudulently obtained U. S. citizenship, and likely faces removal from the United States. However, in determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for October 24, 2013, at 10 a.m., before United States District Judge Steven P. Jones.
This case is being investigated by the U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility.
Assistant United States Attorney Skye Davis is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.Lower Brule Man Pleads Guilty to Abusive Sexual Contact of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Richard Johnson, age 49, of Lower Brule, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to the Indictment that charged him with Abusive Sexual Contact of a Minor.
The maximum penalty upon conviction is any term of years up to life of imprisonment, a $250,000 fine, or both; a mandatory minimum term of 5 years of supervised release and an additional 5 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that happened between April 30, 2012 and August 19, 2012, when the victim, who had not attained the age of 12 years, was living in a relative’s home in West Brule, South Dakota. The victim was in bed one night wearing a nightgown, and Johnson knowingly engaged in, and attempted to engage in, sexual contact with the victim.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 5, 2013.Louisiana State Representative Girod Jackson Charged with Federal Tax ViolationsRead the Press Release
Louisiana State Representative GIROD JACKSON, age 41, was charged today in a three count Bill of Information for violating provisions of the United States Tax Code. Specifically, Jackson was charged with one count of Making a Fraudulent Statement on a Tax Return, a felony, and two counts of Willful Failure to File Tax Returns, misdemeanors.
According to court documents, JACKSON who represents District 87, an area that includes portions of the West Bank of Jefferson Parish, misrepresented on his federal tax return for 2006 the total income received by his company, Diversified Ventures, LLC. In 2007 and 2008, despite having earned sufficient income from Diversified Ventures and other sources and having filed requests for extensions of time to file his tax returns, JACKSON failed to file any returns at all. JACKSON was elected to office in 2007 and served his first full year as State Representative for District 87 in 2008.
If convicted, JACKSON faces the possibility of up to three years in prison and a $100,000 fine for Count 1 and up to one year in prison and a $100,000 fine for Counts 2 and 3.
United States Attorney Dana Boente cautions that a Bill of Information is only a charge and that JACKSON’s guilt must be established beyond a reasonable doubt.
The investigation was led by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Daniel Friel.
(Download Bill of Information )
Leader of Anchorage Drug Conspiracy and Rap Label pleads guilty to drug charges in cocaine importation conspiracyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that the leader of a drug conspiracy pled guilty in federal court. The 13 other co-conspirators have previously pled guilty to federal drug charges or have been sentenced for their roles in the conspiracy.
Terrance Fleming a/k/a, “Baydilla,” 32, of Anchorage, Alaska, pled guilty today in Anchorage to Count 1 of the Indictment, drug conspiracy, admitting that he imported between 50 and 150 kilograms of cocaine to Alaska between 2009 and 2012. In a plea agreement filed with the court, Fleming admitted that he was the leader and organizer of the conspiracy, and that he imported the cocaine from Nevada and Washington to be distributed in Anchorage and Fairbanks.
Chief U.S. District Court Judge Ralph R. Beistline scheduled Fleming’s sentencing for November 2013. Fleming has been in federal custody since his arrest in an Atlanta, Georgia suburb in August 2012.
Fleming was the owner and operator of a local rap and hip hop recording label in Anchorage known as “Out Da Cutt” or “ODC” Entertainment and the leader of a rap and hip hop group known as “UNDB” (Up North ‘D’ or Dope Boys). Fleming and other members of the conspiracy attempted to conceal their drug trafficking by claiming they were involved in a legitimate business, specifically, that they were “artists,” employees, or promoters of this Anchorage recording label and members of the rap and hip hop performance group. Members of this conspiracy would record rap and hip hop songs, post videos on Youtube.com, and perform local shows in Anchorage and Fairbanks. Much of their music glorified the lifestyle of selling illegal narcotics and committing other crimes.
The lavish and extravagant lifestyle portrayed in their music and videos was supported by their sales of illegal narcotics. As part of his plea agreement with the government, Fleming agreed to forfeit expensive vehicles, cash, and jewelry, including necklaces with pendants displaying the words “King of Alaska, AJC” and “Baydilla”. The seized jewelry alone has been appraised at more than $200,000.
Fleming was indicted along with 13 other members of the conspiracy located in Anchorage and Fairbanks. Christopher Anderson was previously sentenced to 14 months in prison on November 2, 2012. DeMarr Moultrie was sentenced to 40 months in prison on May 1, 2013. Jeraelyn Hill was sentenced to 66 months in prison on May 28, 2013. Jerry Wormley was sentenced to 36 months in prison on May 31, 2013. Rock Phelps II was sentenced to 18 months in prison on June 14, 2013. Brent Gunnels was sentenced to 6 months in prison on August 2, 2013. Mihla Hall was sentenced to 28 months in prison on August 21, 2013.
Donnell Johnson, Joshua Mustovich, Antonio Fleming, Dalon Johnson, Tevoris Carter, and Emma Shine, have all pled guilty for their roles in connection with the conspiracy and await sentencing.
Fleming faces a maximum sentence of life imprisonment on the drug conspiracy.
Ms. Loeffler commended the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Postal Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of FlemingLeader of Robbery Crew Convicted of Robbery and Firearms Offenses, Including Armed Robberies in Yonkers, Poughkeepsie, and LynbrookRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that LOUIS MCINTOSH, 32, was convicted today of 11 robbery and firearms counts after a nine-day trial before United States District Judge Sidney H. Stein in Manhattan federal court.
Manhattan U.S. Attorney Preet Bharara stated: “Today’s verdict marks the close of Louis McIntosh’s lengthy and violent crime spree of armed robberies, shootings, pistol-whipping and stun gun abuses in Westchester County and elsewhere. The close cooperation between federal and local law enforcement, as happened here, is one of our best weapons against violent crime.”
According to the indictment and the evidence at trial:
On or about April 30, 2010, MCINTOSH and other co-conspirators robbed narcotics dealers in the vicinity of Cliff Street in Yonkers, New York, during which robbery MCINTOSH fired a shotgun and a co-conspirator fired a handgun. A victim was shot multiple times in the lower body. On or about September 26, 2010, MCINTOSH and other co-conspirators robbed an individual business owner in his home in Lynbrook, New York, during which robbery MCINTOSH held the victim at gunpoint and assaulted him with a stun gun. On or about October 28, 2010, MCINTOSH and other co-conspirators robbed a card game at a men’s club in Poughkeepsie, New York, during which MCINTOSH pistol-whipped two victims and discharged a firearm.
MCINTOSH, 32, of the Bronx, New York, was convicted of the following 11 counts: (1) participating in a conspiracy to commit robberies from in or about 2009 through in or about 2012: (2) using, carrying, or possessing firearms in connection with the robbery conspiracy; (3) committing a robbery on or about April 30, 2010, in Yonkers; (4) using, carrying, possessing, and discharging firearms in connection with the April 30, 2010 robbery; (5) committing a robbery on or about September 26, 2010, in Lynbrook; (6) using, carrying, possessing, and brandishing firearms in connection with the September 26, 2010 robbery; (7) committing a robbery on or about October 28, 2010, in Poughkeepsie; (8) using, carrying, possessing, and discharging firearms in connection with the October 28, 2010 robbery; (9) possessing a Cugir .223 caliber auto-loading rifle after having been previously convicted of a felony; (10) possessing a Ruger 9 millimeter handgun after having been previously convicted of a felony; and (11) possessing a Bushmaster .223 caliber rifle after having been previously convicted of a felony.
Mr. Bharara praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and the Westchester County Department of Public Safety, and thanked the Westchester County District Attorney’s Office for its assistance in the investigation.
MCINTOSH faces a maximum penalty of life in prison, and a mandatory minimum sentence of 85 years in prison. MCINTOSH’s sentencing is scheduled for November 21, 2013, at 4:30 p.m. before Judge Stein.
A number of co-conspirators were also prosecuted in connection with this case. Among other individuals, Turhan Jessamy previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by United States District Judge Kenneth M. Karas to 10 years in prison. Tyrell Rock previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by Judge Karas to 10 years in prison. Neil Morgan previously pleaded guilty to using, carrying, possessing, and discharging firearms, and was sentenced by Judge Karas to 10 years in prison. Quincy Williams previously pleaded guilty to using, carrying, possessing, and brandishing firearms, and was sentenced by Judge Karas to 7 years in prison.
The prosecution is being handled by the Office’s Violent Crimes Unit. Assistant U.S. Attorneys Sarah Krissoff and Jessica Masella are in charge of the prosecution.
McIntosh et al. S3
Last Defendant Is Sentenced in La Familia Prosecutions Dallas Man Sentenced to 28 Years in Federal PrisonRead the Press Release
51 Defendants Convicted and Sentenced Since June 2011 OCDETF Takedown
DALLAS — Sergio Moreno Vidales, 37, of Dallas, was sentenced yesterday by U.S. District Judge Ed Kinkeade to 336 months (28 years) in federal prison following his conviction at trial in February 2013 on conspiracy, drug and firearms charges. Vidales is the 51st defendant to be arrested, convicted and sentenced as the result of a June 7, 2011, widespread Organized Crime Drug Enforcement Task Force (OCDETF) takedown in North Texas of defendants running a methamphetamine distribution conspiracy related to the La Familia Mexican drug cartel. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Over the course of the conspiracy, agents seized approximately 100 kilograms of methamphetamine, several kilograms of cocaine, $725,000 in cash and numerous firearms and vehicles. Sentences of the 51 convicted defendants ranged from 27 months to 336 months in federal prison.
“Targeting drug cartels that have infiltrated north Texas and jeopardized the safety and security of our communities will continue to be a priority in this district,” said U.S. Attorney Saldaña. “I commend the dedicated efforts of the DEA, who led this OCDETF investigation, as well as the dedicated men and women in numerous federal, state and local agencies who worked hand-in-hand with them to strategically infiltrate and disrupt this organization.”
The jury in Vidales’ trial deliberated just 35 minutes before convicting him on all counts of the indictment: conspiracy to possess with intent to distribute and to distribute 500 grams or more of methamphetamine, possession with intent to distribute 500 grams or more of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and illegal alien in possession of a firearm. Vidales had been previously deported from the U.S. to Mexico.
On June 7, 2011, the DEA, with assistance from the Texas Department of Public Safety (DPS), executed a search warrant at a residence in Seagoville, Texas. When law enforcement entered the residence, they found Vidales in bed with his hands behind his head. Another person in the bedroom with him ran to the closet and was arrested. Vidales refused to comply when agents ordered him to show his hands, so they pulled him off the bed. Law enforcement found a loaded 9mm semi-automatic handgun underneath the pillow where Vidales had his head and hands. A further search of the home revealed approximately1.2 kilograms of methamphetamine, several scales, a bullet-proof vest, a safe, nearly $6,000 in cash, drug ledgers and six additional firearms including another handgun, shotguns and a rifle. In addition, an inert hand grenade and 12 cell phones were seized.
The cases were prosecuted by Executive Assistant U.S. Attorney Jennifer Tourje and Assistant U.S. Attorney George Leal. Assistant U.S. Attorney John de la Garza handled the forfeitures.
Kentwood Man, Keith J. Pendarvis, Indicted for Failure to Register as Sex OffenderRead the Press Release
KEITH J. PENDARVIS, age 38, a resident of Kentwood, Louisiana, was charged today in an indictment by a Federal Grand Jury for failure to register as a sex offender, announced U. S. Attorney Dana J. Boente.
If convicted of the failure to register charge, PENDARVIS faces a maximum term of imprisonment of 10 years, a fine of $250,000 and up to 3 years of supervised release.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was investigated by the United States Marshals Service and the Tangipahoa Parish Sheriff’s Office and prosecution of this case is being handled by Project Safe Childhood Coordinator, Assistant U. S. Attorney Brian M. Klebba.
(Download Indictment )
Justice and Education Departments Announce New Research Showing Prison Education Reduces Recidivism, Saves Money, Improves EmploymentRead the Press Release
Attorney General Eric Holder and Secretary of Education Arne Duncan today announced research findings showing that, on average, inmates who participated in correctional education programs had 43 percent lower odds of returning to prison than inmates who did not. Each year approximately 700,000 individuals leave federal and state prisons; about half of them will be reincarcerated within three years. The research, funded by the Justice Department’s Bureau of Justice Assistance, was released today by the RAND Corporation.
“These findings reinforce the need to become smarter on crime by expanding proven strategies for keeping our communities safe, and ensuring that those who have paid their debts to society have the chance to become productive citizens,” said Attorney General Holder. “We have an opportunity and an obligation to use smart methods – and advance innovative new programs – that can improve public safety while reducing costs. As it stands, too many individuals and communities are harmed, rather than helped, by a criminal justice system that does not serve the American people as well as it should. This important research is part of our broader effort to change that.”
The findings, from the largest-ever analysis of correctional educational studies, indicate that prison education programs are cost effective. According to the research, a one dollar investment in prison education translates into reducing incarceration costs by four to five dollars during the first three years after release, when those leaving prison are most likely to return.
“Correctional education programs provide incarcerated individuals with the skills and knowledge essential to their futures,” said Secretary of Education Duncan. “Investing in these education programs helps released prisoners get back on their feet—and stay on their feet—when they return to communities across the country.”
With funding from The Second Chance Act (P.L. 110-199) of 2007, the RAND Corporation’s analysis of correctional education research found that employment after release was 13 percent higher among prisoners who participated in either academic or vocational education programs than among those who did not. Those who participated in vocational training were 28 percent more likely to be employed after release from prison than those who did not receive such training.
The report is a collaborative effort of the Departments of Justice and Education, two of 20 federal agencies that make up the federal interagency Reentry Council. The Reentry Council’s members are working to make communities safer by reducing recidivism and victimization; assisting those who return from prison and jail in becoming contributing members of their communities; and saving taxpayer dollars by lowering the direct and collateral costs of incarceration. Attorney General Holder chairs the Reentry Council which he established in January 2011.
To view the research, please visit: www.bja.gov/Publications/RAND_Correctional-Education-Meta-Analysis.pdf.
For more information about the federal interagency Reentry Council, please visit: http://csgjusticecenter.org/nrrc/projects/firc/.Justice Department to File New Lawsuit Against State of Texas over Voter I.D. LawRead the Press Release
The Department of Justice announced today that it will file a new lawsuit against the State of Texas, the Texas Secretary of State, and the Director of the Texas Department of Public Safety over the State’s strict voter photo identification law (SB 14). The United States’ complaint seeks a declaration that SB 14 violates Section 2 of the Voting Rights Act, as well as the voting guarantees of the Fourteenth and Fifteenth Amendments to the United States Constitution.
Separately, the Department is filing a motion to intervene as a party and a complaint in intervention against the State of Texas and the Texas Secretary of State in the ongoing case of Perez v. Perry (W.D. Tex.), which concerns the state’s redistricting laws. The United States had already filed a statement of interest in this case last month. Today’s action represents a new step by the Department in this case that will allow the United States to formally present evidence about the purpose and effect of the Texas redistricting plans.
“Today’s action marks another step forward in the Justice Department’s continuing effort to protect the voting rights of all eligible Americans,” said Attorney General Eric Holder. “We will not allow the Supreme Court’s recent decision to be interpreted as open season for states to pursue measures that suppress voting rights. The Department will take action against jurisdictions that attempt to hinder access to the ballot box, no matter where it occurs. We will keep fighting aggressively to prevent voter disenfranchisement. We are determined to use all available authorities, including remaining sections of the Voting Rights Act, to guard against discrimination and, where appropriate, to ask federal courts to require preclearance of new voting changes. This represents the Department’s latest action to protect voting rights, but it will not be our last.”
In the voter ID lawsuit, the United States’ complaint contends that SB 14 was adopted with the purpose, and will have the result, of denying or abridging the right to vote on account of race, color, or membership in a language minority group. The complaint asks the court to prohibit Texas from enforcing the requirements of its law, and also requests that the court order bail-in relief under Section 3 of the Voting Rights Act. If granted, this would subject Texas to a new preclearance requirement.
In the Department’s other filing announced today, the United States seeks a declaration that Texas’s 2011 redistricting plans for the U.S. Congress and the Texas State House of Representatives were adopted with the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority group in violation of Section 2, as well as the voting guarantees of the Fourteenth and Fifteenth Amendments to the United States Constitution. The complaint also requests that the court order bail-in pursuant to Section 3(c) of the Voting Rights Act, to remedy persistent, intentional discrimination in voting within the State of Texas.
“The Department of Justice will use all the tools it has available to ensure that each citizen can cast a ballot free from impermissible discrimination,” said Jocelyn Samuels, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division. “The right to the franchise is one of the most fundamental promises of American democracy.”
If the federal courts in either the redistricting or voter identification cases find that the State of Texas should be covered by Section 3(c), then the State would be required to submit voting changes to the U.S. Attorney General or to the federal court for review prior to implementation to ensure that the changes do not have a discriminatory effect or a discriminatory purpose. The Department has previously participated as amicus in the Perez case, and last month advised the federal court in Texas that the Department believed the imposition of a new preclearance requirement on Texas under Section 3(c) of the Voting Rights Act was appropriate. Today’s filing asks the Court to allow the Department to participate as a party in further proceedings on the question of whether Texas should be made subject to Section 3(c).
A federal court in the District of Columbia has previously held that Texas had failed to meet its burden of proving that its 2011 redistricting plans and its 2011 voter identification law were not discriminatory under Section 5 of the Voting Rights Act. These decisions were vacated after the Supreme Court’s June decision in Shelby County v. Holder. The Supreme Court’s decision left unaffected the non-discrimination requirements of Section 2 of the Voting Rights Act, as well as the bail-in provisions of Section 3 of the Voting Rights Act, and today’s filings seek to enforce those important protections.
The filings in the Texas redistricting and Texas voter identification matters will be available on the Civil Rights Division’s website later today. More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice website at www.justice.gov/crt/about/vot/. Complaints about discriminatory voting practices may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Related Materials:
Texas ID Complaint
Motion to Intervene (Western District of Texas)
Motion to Intervene Exhibit 1Jury Convicts KC Man of Illegally Posessing a FirearmRead the Press Release
Project Ceasefire
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was convicted in federal court today of illegally possessing a firearm, his second federal conviction for that offense.
Mario A. Thibeaux, 39, of Kansas City, was found guilty of being a felon in possession of a firearm. This is Thibeaux’s second federal conviction for being a felon in possession of a firearm. He also pleaded guilty to the offense on March 31, 2005, and in that case was sentenced to 63 months in federal prison.
Evidence introduced during the trial indicated that Thibeaux was in possession of a Bersa .380-caliber semi-automatic pistol on Feb. 22, 2013. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. In addition to his prior felony conviction for being a felon in possession of a firearm, Thibeaux has two prior felony convictions for possession of a controlled substance and a prior felony conviction for distributing a controlled substance.
Thibeaux was arrested on Feb. 22, 2013, after Kansas City, Mo., police officers were called at about 2 a.m. to investigate an outside disturbance involving a party armed with a gun. The officers were given information that there were two males and a female fighting and one of the males was waving a gun around. As the officers arrived, they observed a maroon Dodge Durango apparently stuck in the snow in the middle of the street. Two males and a female were apparently trying to free the vehicle from the stuck position in the snow. The officers asked the individuals to show their hands, but Thibeaux failed to comply with the officers’ orders. Thibeaux moved to the back of the vehicle, reached into the pocket of the vest he was wearing and threw a black object towards the driver’s side of the vehicle.
The object thrown by Thibeaux was recovered and determined to be a loaded Bersa .380-caliber, semi-automatic pistol. Thibeaux was determined to be a convicted felon and placed under arrest.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about four hours over two days before returning the guilty verdict to U.S. District Judge Greg Kays, ending a trial that began Tuesday, Aug. 20, 2013.
Under federal statutes, Thibeaux is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Ceasefire
Project Ceasefire, launched in October 1999, is a cooperative initiative by federal and local law enforcement and the Kansas City Crime Commission that targets for federal prosecution persons who unlawfully use or possess firearms.Jicarilla Apache Man Receives Sixty-Six Month Prison Sentence for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Kevin Cavazone, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this afternoon to 66 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.
Cavazone pleaded guilty on May 14, 2013, to a felony information charging him with voluntary manslaughter. According to court filings, Cavazone killed David Cachucha, a Jicarilla Apache man, on Nov. 22, 2011, by stabbing him repeatedly in the torso. The crime took place on the Jicarilla Apache Indian Reservation during a fight between Cavazone and the victim. During his plea hearing, Cavazone admitted stabbing the victim in the torso during a fight that began after the two men and several others had been drinking alcohol.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Jicarilla Apache Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Mark T. Baker.
Jamaican National Charged Again with Fraudulently Receiving Medicaid BenefitsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Georgia Bowen, a/k/a Georgia Bennett, 38, of Lackawanna, N.Y., was arrested and charged by criminal complaint with health care fraud, identity theft, and unauthorized use of social security numbers. The charges carry a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney John E. Rogowski, who is handling this case, stated that according to the complaint, in December 2010, Bowen, a native and citizen of Jamaica, applied for Medicaid benefits through the Erie County Department of Social Services. The defendant claimed to be a United States citizen and utilized a social security number assigned to another person. In January 2011, Erie County terminated Bowen’s Medicaid eligibility after learning the social security number utilized by Bowen was issued to another person. During that time however, Medicaid was billed over $7,000 for medical services rendered to Bowen.
In November 2011, the defendant submitted another application to Erie County Department of Social fraudulently claiming to be citizen of the United States and using a social security number assigned to yet another person. Thereafter, Medicaid was billed $12,300 for medical services rendered to Bowen.
Previously, in August 2010, Bowen was sentenced in federal court to two years in prison for identity theft. The defendant used the name and social security number of another person, causing over $13,000 in Medicaid benefits to be paid through the Erie County Department of Social Services for medical services she had received. As a result of that conviction, removal proceeding against Bowen were initiated by the Department of Homeland Security. The removal proceeding is currently being litigated before the Immigration Court.
The arrest was the result of an investigation on the part of Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Jacksonville, Il Man Charged with Methamphetamine OffensesRead the Press Release
Springfield, Ill. – A Jacksonville, Ill., man, James Trotter, 27, no street address available, arrested yesterday, made his initial appearance this afternoon in federal court in Springfield before U.S. Magistrate Judge Byron G. Cudmore. Trotter was ordered to remain detained in the custody of the U.S. Marshals Service. A trial date of Oct. 1, 2013, has been scheduled before U.S. District Judge Sue E. Myerscough.
The indictment, returned on Aug. 7, 2013, but sealed pending Trotter’s arrest and initial court appearance, alleges that from about Feb. 7, 2013, to May 31, 2013, Trotter conspired with others to manufacture and distribute methamphetamine. Trotter is also charged with two counts of possession of methamphetamine with the intent to distribute; one count of possession of pseudoephedrine with intent to manufacture meth; and three counts of using or maintaining a building to manufacture meth: at 760 W. Douglas Ave.; 1033 E. Morton Ave., Lot 26; and 102 S. Marnico Lane, Jacksonville, Ill.
If convicted, the statutory penalty for conspiracy to manufacture methamphetamine is five to 40 years in prison; for each count of the offenses of possession of methamphetamine with intent to distribute; possession of pseudoephedrine with intent to manufacture meth; and for maintaining a building for the purpose of manufacturing methamphetamine, the statutory penalty is up to 20 years in prison.
The charge is the result of an investigation by the Illinois State Police, Jacksonville Police Department, and the Morgan County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Bryan D. Freres in cooperation with the office of Morgan County State’s Attorney Robert V. Bonjean III.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.