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Thursday 22 August 2013
Atmore Man Sentenced on Drug and Gun ChargesRead the Press Release
MOBILE, Ala. - Albert Emil Tillman, 34, was sentenced today in federal court for his participation in a scheme to manufacture methamphetamine and being a convicted felon in possession of a firearm. Tillman pled guilty to the charges in March of 2012.
Judge Callie V. S. Granade imposed a sentence of 80 months imprisonment on each of the charges, and ordered that the sentences run concurrently. She also imposed a four year term of supervised release which will begin when Tillman is released from imprisonment, and ordered that he pay the special mandatory assessment of $200. No fine was imposed. As a condition of his supervised release, the judge ordered that Tillman undergo testing and treatment for drug abuse.
The case was investigated by the Baldwin County Sheriff’s Office, the Escambia County Sheriff’s Office, the Bay Minette Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Arizona Man Pleads Guilty to Wire Fraud in Idaho Federal CourtRead the Press Release
Defendant Admits Stealing $449,643 from Click Sales, Inc.
BOISE – Christopher L. Myers, 37, of Cave Creek, Arizona, pleaded guilty in United States District Court in Boise to one count of wire fraud, U.S. Attorney Wendy J. Olson announced. Myers was indicted by a federal grand jury in Boise on May 17, 2013, on 26 counts of wire fraud.
According to the plea agreement, from April 2006 through November 2011, Myers was employed by Click Sales, Inc., doing business as ClickBank. For a portion of that time he served as the company’s comptroller. Click Sales, Inc., a subsidiary of Keynetics, Inc., operated a Boise-based internet business that facilitated payments between retailers and consumers. ClickBank received payments from consumers for the purchase price of goods and services, kept a portion of the purchase price as commission, and remitted the remainder to the retailers by checks, ACH transfers and wire transfers. Some of ClickBank’s retailer-clients failed to timely cash the checks. As comptroller, Myers was responsible for tracking these “issued but uncashed” checks.
According to the plea agreement, beginning in August 2008, on 26 separate occasions Myers wire transferred funds from ClickBank’s bank account to his personal bank accounts at a different bank. The funds that were wire transferred corresponded to the “issued but uncashed” checks to ClickBank retailer-clients. In total, Myers admitted he wire transferred approximately $449,643 from ClickBank’s bank account to his own bank accounts. According to the plea agreement, Myers did so with the specific intent to defraud and used the funds for personal purchases and expenditures, including mortgage payments and personal investment and retirement accounts.
Myers agreed to pay $606,989 in restitution to ClickBank, which includes $449,643 that Myers admitted he fraudulently wire transferred, and $157,346 for costs incurred by ClickBank in its internal investigation, interest and penalties.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000 or twice the gain or loss from the offense, and up to three years of supervised release.
Myers is scheduled to be sentenced on January 6, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Boise Police Department and the Federal Bureau of Investigation.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Anoka Felon Indicted for Possessing A Nine-millimeter PistolRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 25-year-old Anoka man was indicted for possessing a nine-millimeter, semi-automatic pistol. Arlan Kaleb Schultz was charged with one count of being a felon in possession of a firearm.
The indictment alleges that on January 19, 2013, Schultz possessed the pistol. According to a law enforcement affidavit filed in the case, at approximately 9:00 p.m. on January 19, Coon Rapids police attempted to stop a vehicle for a traffic violation. The driver refused to yield and, instead, speeded away, ultimately colliding with another vehicle at the intersection of Seventh Avenue and Main Street in Anoka. The driver, later identified as Schultz, immediately exited the vehicle and fled on foot. Police shortly apprehended him. And during the subsequent execution of a search warrant on the vehicle, the officers found the loaded pistol under the front passenger seat. Schultz’s DNA was found on the grip of the pistol. Ammunition was located elsewhere in the vehicle.
Because he is a felon, Schultz is prohibited under federal law from possessing firearms at any time. His previous Anoka County convictions include simple robbery (2008), third-degree burglary (2009), fleeing a peace officer in a motor vehicle (2010), and fifth-degree controlled substance crime (2012). In addition, Schultz was also convicted in Sherburne County for prohibited possession of a stun gun (2011).
Since at least three of Schultz’s prior convictions constitute crimes of violence or major drug crimes, he is subject to the federal Armed Career Criminal Act if convicted in the current federal case. That act mandates a minimum of 15 years in federal prison. The potential maximum penalty is life in prison. Any sentence would be determined by a federal district judge.
This case is the result of an investigation by the Coon Rapids Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorneys Benjamin Bejar and Andrew R. Winter.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.
Alabama Man Charged with Felon in Possession of A Firearm, Impersonating A Federal Officer, and Interstate StalkingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man has been indicted by a federal grand jury for Felon in Possession of a Firearm, Impersonating a Federal Officer, and Interstate Stalking.
Michael Thetford, age 36, was indicted by a federal grand jury on December 14, 2011. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 21, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to incidents that occurred in May 2010 when Thetford came from Alabama to South Dakota and harassed and surveilled a married couple from Hughes County. During this time of harassment, he wrongfully represented himself as a Federal Bureau of Investigation (FBI) agent, and provided the couple with a fake name and FBI credentials. He also possessed and wore a handgun during his exchanges with the victims. Prior to May 2010, Thetford had been convicted of other felony offenses and was prohibited from possessing a firearm.
The charges are merely an accusation and Thetford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI, South Dakota Division of Criminal Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Thetford was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Akron Woman Convicted of Tax CrimesRead the Press Release
An Akron woman was convicted of tax crimes for failing to report more than $200,000 in income, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Kelly Prigmore, 43, was found guilty following a trial on two counts of making and subscribing false federal income tax returns for the years 2006 and 2007.
Sentencing is scheduled for Dec. 12.
Prigmore worked as a self-employed home health care provider for a client who paid her for live-in 24 hour services. Prigmore filed joint personal income tax returns on which she omitted approximately $209,601 of her home health care service income, according to court documents.
For 2006, she reported total income of $8,600 and omitted additional income of approximately $96,806. For 2007, she reported total income of $8,990 and omitted additional income of approximately $112,795, according to court documents.
This case is being prosecuted by Special Assistant United States Attorney Perry D. Mastrocola and Assistant United States Attorney John Siegel, following an investigation by the Internal Revenue Service, Criminal Investigation, Akron, Ohio.
Wednesday 21 August 2013
Wyoming Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lander, Wyoming, man has been indicted by a federal grand jury for allegedly failing to register as a convicted sex offender between August 1, 2012, and October 31, 2012, in South Dakota.
Edward Dailey, a/k/a Edward Olmstead, age 43, was indicted on February 20, 2013, for Failure to Register as a Sex Offender. Dailey appeared before U.S. Magistrate Judge Veronica L. Duffy on August 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Dailey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service.
Dailey was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Wounded Knee Woman Pleads to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Anna Mae Rowland, age 25, of Wounded Knee, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 14, 2013, and pled guilty to Escape from Custody.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
On August 23, 2012, Rowland failed to report to Community Alternatives of the Black Hills where she was to commence serving her sentence for a federal felony.
The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Woman Found Guilty of Use and Possession of Counterfeit Credit CardsRead the Press Release
St. Louis, MO – LISA D. PAIGE, Alexandria, Virginiawas found guilty today, following a two-day jury trial, of one felony count of Using a Counterfeit Device (Count I) and one felony count of Possession of 15 or More Counterfeit Access Devices (Count II), for her role in a credit card skimming operation in which she and two accomplices traveled from Baltimore, Maryland, to Missouri for the purpose of using counterfeit credit cards to buy cigarettes. The trial was held at the United States Courthouse in Cape Girardeau in front of District Judge Carol E. Jackson. The case began when a credit card number of a Michigan resident was used in Perryville, Missouri.
The sentencing date for Lisa D. Paige has not yet been determined.
his case was investigated by the Perryville, Missouri, Police Department and the United States Secret Service. Assistant United States Attorney H. Morley Swingle handled the prosecution for the Government.
Wilkinsburg Convenience Store Owners Conspired to Defraud Food Stamp ProgramRead the Press Release
PITTSBURGH, Pa. - The owners of a Wilkinsburg convenience store have pleaded guilty to charges of conspiracy to commit wire fraud and food stamp fraud, United States Attorney David J. Hickton announced today.
Nicole Gordon, 34, and Stanley Saxton, 44, siblings and co-owners and operators of Nicky's Corner, located on Montier Street in Wilkinsburg, Pa., each pled guilty to one count of conspiracy before Senior District Judge Maurice B. Cohill, Jr. Gordon and Saxton also executed civil settlement agreements for violations of the False Claims Act, and agreed to pay to the United States the sum of $119,871.
According to information presented to the court, Nicky's Corner participated in the United States Department of Agriculture's Supplemental Nutrition Assistance Program, commonly known as the food stamp program. Food stamp recipients could purchase eligible food items using food stamp benefit cards at the store. As a condition of participation in the food stamp program, the defendants certified that they would comply with all rules and regulations of the program and were aware that program rules strictly prohibited the exchange of food stamp benefits for cash and/or for ineligible items, such as cigarettes. Despite this knowledge, on multiple occasions, the defendants exchanged food stamp benefits with customers in exchange for cash on a discounted basis, usually giving the customers only 50 cents on the dollar for their food stamp benefits. Gordon and Saxton also permitted customers to use food stamp benefits to pay for ineligible items, such as cigarettes.Judge Cohill scheduled sentencing for Dec. 4, 2013 at 10 a.m. for Saxton and 11 a.m. for Gordon. The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the Criminal Division of the U.S. Attorney's Office and Assistant United States Attorney Colin Callahan is litigating the case on behalf of the Affirmative Civil Enforcement Section of the United States Attorney's Office.
The Office of the Inspector General for the United States Department of Agriculture and the Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the guilty pleas in this case.
Warsaw Man Found Guilty of Federal Firearm ChargesRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Aug. 21, 2013, John Harry Woolsey, Jr., of Warsaw, N.D., was found guilty by a 12-person jury on one count of felon in possession of a firearm and one count of felon in possession of ammunition. The jury deliberated approximately 1 ¼ hours before returning guilty verdicts on both counts. U.S. District Judge Ralph R. Erickson presided over the
two-day trial.Woolsey, Jr., was found guilty of possessing a German-made 6-shot .22 short caliber revolver and Remington .22 short caliber ammunition. Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the Indictment filed, Woolsey, Jr. had been previously convicted in Arizona of three violent felonies for aggravated assault and resisting arrest in 2001 and 2006.
Woolsey, 38, formerly of Montana, moved to the Warsaw, N.D., area in July of 2011. In December of that year, Woolsey loaned the revolver to a friend. During the early morning hours of April 20, 2012, Woolsey, Jr., also gave the same friend a box of Remington .22 short caliber ammunition for the gun, which Woolsey, Jr. had possessed at his home in Warsaw, N.D. The revolver and ammunition were recovered by the Walsh County Sheriff’s Department later that morning at the scene of an attempted suicide near Ardoch, N. D.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Walsh County Sheriff’s Department; and the Grand Forks Narcotics Task Force (which includes officers from Grand Forks, Walsh, and Pembina County Sheriff’s Departments; Grand Forks, Grafton and University of North Dakota Police Departments, U.S. Border Patrol, and Homeland Security Investigations).
Sentencing for Woolsey, Jr. has been set for Nov. 7, 2013, in Fargo.
Assistant U.S. Attorney Scott J. Schneider is prosecuting the case.
Upshur County Woman Gulity of Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 23-year-old Gilmer, Texas woman has pleaded guilty to drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Lindsey Noel Rawls pleaded guilty to possession with intent to distribute heroin today before U.S. Magistrate Judge Roy S. Payne.
According to information presented in court, on Feb. 7, 2013, Rawls possessed approximately 37 grams of a mixture containing heroin and 15 capsules, also containing a heroin substance. Rawls admitted to traveling with co-defendant William Griffin to Dallas to acquire the heroin. A federal grand jury returned an indictment on Mar. 27, 2013, charging nine individuals with drug trafficking violations.
Rawls faces up to 20 years in federal prison at sentencing. A sentencing date has not been set.
This case was investigated by the Drug Enforcement Administration and the Gilmer Police Department and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.Upshur County Man Sentenced for Heroin TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 55-year-old Gilmer, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Paul Allen Wigington pleaded guilty on July 12, 2013 to possession with intent to distribute and distribution of heroin and was sentenced to six months in federal prison on Aug. 20, 2013 by U.S. District Judge Rodney Gilstrap.
According to information presented in court, on Aug. 23, 2012, Wigington distributed approximately 2.2 grams of a mixture containing heroin to another person in exchange for $500. Wigington admitted to purchasing the heroin from co-defendant, Cynthia Blaylock, at her Upshur County home. A federal grand jury returned an indictment on Mar. 27, 2013, charging Wigington and eight others with drug trafficking violations.
This case was investigated by the Drug Enforcement Administration and the Gilmer Police Department and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
United States and the Commonwealth of Kentucky Reach Agreement with AK Steel Corporation to Resolve Clean Air Act ViolationsRead the Press Release
The United States and the Commonwealth of Kentucky have reached a settlement with the AK Steel Corporation (AK Steel) in Ashland, Ky., resolving alleged violations of the Clean Air Act, AK Steel’s title V permit, and the Kentucky State Implementation Plan, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA).
Under the terms of settlement, AK Steel will pay a civil penalty of $1.65 million, of which $25,000 will be paid to the Commonwealth of Kentucky, for the alleged violations that occurred at AK Steel’s former coke production facility in Ashland. AK Steel shut down the coke plant on June 21, 2011. Coke is used as a carbon source and as a fuel to heat and melt iron ore at steel making facilities.
Although AK Steel closed the plant involved in this enforcement action, AK Steel is currently operating the Ashland West Works facility a few miles away from the former coke plant. Under the agreement, AK Steel has agreed to spend at least $2 million on state projects to reduce particulate matter emissions at the Ashland West Works facility.
“This settlement holds AK Steel accountable for years of violations at its now closed coke plant in Ashland,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “As a result of this agreement, state projects to reduce particulate matter emissions at the Ashland West Works facility will continue to improve air quality for area residents for many years to come.”
“This settlement promotes a healthier environment for our citizens and represents a just resolution of this matter,” said U.S. Attorney for the Eastern District of Kentucky Kerry B. Harvey. “We are committed to the effective enforcement of the environmental laws designed to protect the health of our people”
“We are proud to join with our partners in the Commonwealth of Kentucky in this step toward cleaner air and better health for the citizens of Ashland,” said Stan Meiburg, EPA Acting Regional Administrator in Atlanta.
The consent decree was lodged in the U.S. District Court for the Eastern District of Kentucky. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment. The consent decree will available for viewing at www.justice.gov/enrd/Consent_Decrees.html
U.S. Attorney’s Office Reaches Settlement with Palace Sports and Entertainment to Improve Access for People with Disabilities at the Palace of Auburn HillsRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Michigan has reached an agreement with Palace Sports and Entertainment, LLC, under the Americans with Disabilities Act (ADA) for extensive changes to improve physical accessibility and opportunities for people with disabilities at The Palace of Auburn Hills, a large entertainment complex, and home of the NBA team the Detroit Pistons, located in Auburn Hills, Michigan. The settlement agreement resolves an investigation following complaints filed by two separate patrons with disabilities who were unable to attend events at The Palace, as well as a complaint from the Michigan Paralyzed Veterans of America.
“We applaud the new owners of the Palace of Auburn Hills for agreeing to make meaningful changes that will ensure full and equal access to its facilities for people with disabilities” said U.S. Attorney Barbara L. McQuade.
“Providing an accessible environment for our patrons is the core of our business. We thank the U.S. Attorney’s Office for working closely with us to elevate the level of service and accessibility at the Palace of Auburn Hills,” said Palace Sports & Entertainment’s Richard Haddad. “This effort is a cornerstone of our capital improvement plan and we’re proud to expand our commitment to enhance the experience of everyone who comes to the Palace.”
Under the settlement agreement, Palace Sports will provide at least 99 wheelchair accessible seats, and an equal number of companion seats, dispersed vertically and horizontally throughout The Palace, and will provide people in wheelchairs with lines of sight over standing spectators that are comparable to those offered to individuals without disabilities. In addition, beginning with all tickets on sale after October 1, 2013, tickets for accessible and companion seats will be available for purchase in the same manner as general seats, including online through Ticketmaster. Palace Sports has also agreed to improve accessibility in restrooms, restaurants, concession stands, parking areas, suites, and dressing rooms; improve signage throughout The Palace, and to annually train its employees on the ADA.
Today’s agreement was reached under Title III of the ADA, which prohibits discrimination against individuals with disabilities by public accommodations. The U.S. Attorney’s Office will actively monitor compliance with the agreement, which will remain in effect for three years.
For more information on the ADA and today’s agreement with Palace Sports and Entertainment, visit www.ada.gov or call the United States Justice Department’s toll-free ADA Information line at (800) 514-0301 or (800) 514-0383 (TTY) or the U.S. Attorney’s Civil Rights hotline at (313) 226-9151.
Two-Count Indictment Charges Texas Man with Attempting to Open Aircraft Door While in FlightRead the Press Release
Memphis, TN – Randolph B. Robinson, 63, of Austin, TX, was indicted today on two counts related to his actions on board an AirTran flight between Baltimore, MD and Austin, announced U.S. Attorney Edward L. Stanton III.
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Robinson is charged with knowingly and willfully attempting to damage, destroy, disable and wreck an aircraft, specifically, AirTran Airways Flight 265, by attempting to open exits while the aircraft was in flight.
Robinson is also charged with knowingly interfering with the duties of the flight crew by attempting to open the rear exit doors of the aircraft while in flight. The indictment alleges that his actions caused the flight attendants to be forced to physically remove him from the doors and that the flight crew was forced to divert the aircraft to Memphis.
If convicted, Robinson faces up to 20 years in prison, a fine of up to $250,000 and supervised release of up to five years for each count. This case was investigated by the Joint Terrorism Task Force, which is led by the Federal Bureau of Investigation and comprised of federal, state and local law enforcement agencies. Assistant U.S. Attorney Frederick Godwin is representing the government.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Two Plead Guilty to Involvement in Aryan Brotherhood of Texas Racketeering MurderRead the Press Release
An Aryan Brotherhood of Texas (ABT) gang member and an ABT associate have pleaded guilty to charges related to the May 2008 murder of Mark Davis Byrd Sr. in Atascosa County, Texas.
The guilty pleas were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Shane Gail McNiel, aka “Dirty,” 34, of San Antonio, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to the charge of accessory after the fact in the murder of Byrd. Destiny Nicole Feathers, 24, of Jourdanton, Texas, pleaded guilty to the same offense on Aug. 14, 2013.
According to information presented in court, McNiel was an ABT member and Feathers was associated with the gang, a powerful race-based, statewide organization that operates inside and outside of state and federal prisons throughout Texas and elsewhere in the United States. According to court documents, Byrd, an ABT prospect, was murdered by Jim Flint McIntyre, aka “Q-Ball,” Michael Dewayne Smith, aka “Bucky,” and another ABT gang member for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT. According to court documents, Byrd was murdered as a result of a “discipline” ordered by Frank Lavell Urbish, aka “Thumper,” and his superiors. Byrd’s body was discovered in Atascosa County on May 4, 2008. McIntyre, Smith and Urbish each pleaded guilty in 2011 to the racketeering murder of Byrd.
According to their plea agreements, McNiel and Feathers helped hide a shotgun that they knew had been used to murder Byrd. Following the murder, Urbish and Feathers drove to McNiel’s house with the shotgun wrapped in a sheet and gave it to McNiel who then hid the shotgun in a metal shed behind his house. According to court documents, Feathers further assisted McIntyre by disposing of Byrd’s bloody clothing.
According to court documents, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. While the ABT was at its inception primarily concerned with the protection of white inmates and white supremacy/separatism, over time the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to court documents, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by members of the ABT.
At sentencing, scheduled for Jan. 30, 2014, McNiel and Feathers each face a maximum penalty of 15 years in prison.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Tarrant County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office of the Southern District of Texas.
Two Plead Guilty to Involvement in Aryan Brotherhood of Texas Racketeering MurderRead the Press Release
HOUSTON - An Aryan Brotherhood of Texas (ABT) gang member and an ABT associate have pleaded guilty to charges related to a May 2008 murder of an ABT prospect member in Atascosa County.
The guilty pleas were announced today by United States Attorney Kenneth Magidson and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Shane Gail McNiel, aka “Dirty,” 34, of San Antonio, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to the charge of accessory after the fact in the murder. Destiny Nicole Feathers, 24, of Jourdanton, pleaded guilty to the same offense on Aug. 14, 2013.
According to information presented in court, McNiel was an ABT member and Feathers was associated with the gang, a powerful race-based, statewide organization that operates inside and outside of state and federal prisons throughout Texas and the United States. According to court documents, an ABT prospect member was murdered by Jim Flint McIntyre, aka “Q-Ball,” Michael Dewayne Smith, aka “Bucky,” and another ABT gang member for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT. According to court documents, the prospect was murdered as a result of a “discipline” ordered by Frank Lavell Urbish, aka “Thumper,” and his superiors. The body was discovered in Atascosa County on May 4, 2008. McIntyre, Smith and Urbish each pleaded guilty in 2011 to the racketeering murder.
According to their plea agreements, McNiel and Feathers helped hide a shotgun that they knew had been used to murder the victim. Following the murder, Urbish and Feathers drove to McNiel’s house with the shotgun wrapped in a sheet and gave it to McNiel who then hid the shotgun in a metal shed behind his house. According to court documents, Feathers further assisted McIntyre by disposing of the victim’s bloody clothing.
According to court documents, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. Previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to court documents, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
At sentencing, scheduled for Jan. 30, 2014, McNiel and Feathers each face a maximum penalty of 15 years in prison.
McNiel and Feathers are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges. They represent the 10th and 11th defendant charged in the indictment to plead guilty.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; sheriff’s offices in Harris, Tarrant, Atascosa, Orange and Waller Counties; police departments in Alvin, Carrollton and Mesquite Texas; as well as the Montgomery and Atascosa County District Attorney’s Offices.The case is being prosecuted by the U.S. Attorney’s Office of the Southern District of Texas and the Criminal Division’s Organized Crime and Gang Section.
Two Men Plead Guilty to Prison Escape ChargesRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that Roland Castro, 41, an inmate at the U.S. Penitentiary in Pollock, La., pleaded guilty to escaping a federal prison; and Timothy D. Willis, 49, of Philadelphia, Miss., pleaded guilty to assisting in Castro’s escape. United States District Court Judge Dee D. Drell presided over the guilty plea hearing on Tuesday.
According to evidence presented at the guilty plea, Castro was serving 240 months at the federal penitentiary in Pollock for a felon in possession of a firearm conviction. Castro met Willis previously, and the two arranged to meet at an agreed-upon location on February 7, 2013. Willis drove to the location on that date and picked up Castro. Castro did not have permission to leave the prison. After an emergency count of the prisoners was conducted, Castro was discovered missing. Willis dropped Castro off near the prison, but Castro left instead of returning to custody. Castro was apprehended on July 5, 2013, in Houston.
Castro and Willis each face up to five years in prison, a fine of $250,000, and three years of supervised release. A sentencing date of November 14, 2013 was set.
The U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.Two Local Business Men Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO –ROBERT PALMER and MARK DRIVER were the owners and operators of Princeton Partnership, LLC which operated out of an office in the Hill area of St. Louis, Missouri. They are charged with allegedly defrauding numerous elderly Princeton customers, in an approximate amount of $3,000,000, beginning July 2004 and continuing through February 2010.
According to the indictment, Princeton was an insurance brokerage business purportedly involved in the sale of life insurance products. Princeton was initially located at 12231 Manchester Road, St. Louis, and then operated at 1928 Marconi Street (also known as 5149 Daggett Avenue), St. Louis. Palmer and Driver both ran the day-to-day operations of Princeton, solicited customers, marketed the company's services and had financial oversight of the company with authorization over the company's two operating bank accounts. Palmer and Driver solicited Princeton customers with the false promises that they would invest the customers' funds in suitable investments, including but not limited to real estate, stocks and life insurance annuities.
During 2004 Palmer solicited several members of a family who had received funds upon the death of their aunt with the false representation that Princeton would place those funds in a real estate investment for the benefit of those customers. Based upon his false representations, the family members transferred some or all of those funds to Princeton.
In 2005 Palmer solicited funds from an elderly individual and her family with the false representation that they would place those funds in a real estate investment for her benefit. Based on those representations, the family transferred her funds to Princeton.
During 2006 through 2010 Palmer solicited investment funds from two elderly sisters with the false representations that Princeton would make suitable investments with those funds. The sisters transferred their funds and control of their stock holdings to Princeton and, later Palmer and Driver sold and liquidated the stocks and persuaded one of the sisters to liquidate a life insurance policy as well, and transferred the funds to Princeton.
During 2007 through 2009 Driver solicited investment funds from an elderly woman who transferred her funds, as well as control of her stock holdings to Princeton.
In 2006, an elderly woman was solicited by Driver to invest her personally-held funds in a series of life insurance annuities through Princeton. Princeton used her funds to purchase four (4) life insurance annuities. As a further part of the scheme, during in or about 2008 and 2009, at Driver’s direction she liquidated three (3) of her life insurance annuities and provided those funds to Princeton based upon the false representations of the funds would be placed in suitable investments for her benefit.
All of the funds transferred to Palmer, Driver and Princeton by the victims were used by Palmer and Driver for their own personal expenses and the general operating expenses of Princeton. Palmer and Driver also engaged in Ponzi-type transactions where they used some funds provided by new customers to pay old customers who falsely believed they were receiving the returns on their purported investments.
Finally, the indictment alleges that in all cases Palmer and Driver obtained approximately $3,000,000 from Princeton customers based upon their false representations which they used for their own personal expenses and for the expenses of their company Princeton.
Palmer, Kansas City, MO, and Driver, St. Louis, MO, were each indicted by a federal grand jury on two felony counts of mail fraud and two felony counts of wire fraud.
If convicted, each count of mail and wire fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Postal Inspection Service. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney's Office.Three Sentenced to Defrauding the Veterans AdministrationRead the Press Release
RONALD BELL, age 41, of Gretna; REGINA DAVIS, age 63, of New Orleans; and YODONNALISA EVANS, age 45, of New Orleans were sentenced today in federal court by U. S. District Judge Martin Feldman for conspiracy to commit health care fraud, announced U.S. Attorney Dana Boente. BELL was sentenced to 24 months in prison, 3 years of supervised release, and $563,986.47 in restitution. DAVIS was sentenced to 15.5 months in prison, 3 years of supervised release, and $203,007.91 in restitution. EVANS was sentenced to 17 months in prison, 3 years of supervised release, and $360,978.56 in restitution.
According to court documents, the defendants were employed by the Veterans Health Administration at the New Orleans VA Medical Center. BELL was employed as a Program Manager. His duties included supervision of employees responsible for the authorization and coordination of payment of care provided to veterans in the community at VA expense as well as the coordination of consultations ordered by VA providers. DAVIS was employed as a Program Support Assistant. Her duties included entering authorizations in conjunction with case management referrals for inpatient and outpatient fee basis programs, and entering vendors’ activity for various health care programs. EVANS was employed as a Clerk/Secretary to the Supervisor of Medical Administration Service, a Fee Clerk, and a Payroll Clerk. As a Clerk/Secretary, she was responsible for preparing correspondence, tracking action items, time keeping and various other administrative duties. As a Fee Clerk, she was responsible for verifying days of care on invoice, ensuring funds were obligated to pay invoices, and various other duties. As a Payroll Clerk, she was responsible to verify payroll output and release payroll, handle garnishments, research pay information, and handle W-2 corrections and wage verifications.
Between January 2001 and December 2008, the defendants devised a scheme to defraud the VA by creating false companies and billing patient files for fraudulent services. Defendants DAVIS and BELL created false companies called Davis Health Care Consulting, LLC and Caring Hearts Healthcare. BELL then obtained the identities of veterans registered with the Veterans Administration and submitted fraudulent bills from Davis Health Care Consulting, LLC and Caring Hearts Healthcare for health care services falsely claimed to have been provided to the veterans whose identities he had obtained. BELL then arranged for the payments associated with the fraudulently submitted bills to be sent to the custody of defendant DAVIS. Once DAVIS received the payments, she split the money with BELL. In total, DAVIS and BELL fraudulently obtained approximately $203,007.91 from the Veterans Administration.
Defendants EVANS and BELL created a false company called C&E Rehabilitation Clinic. BELL then obtained the identities of veterans registered with the Veterans Administration and submitted fraudulent bills from C&E Rehabilitation Clinic for health care services falsely claimed to have been provided to the veterans whose identities he had obtained. BELL then arranged for the payments associated with the fraudulently submitted bills to be sent to the custody of defendant EVANS. Once EVANS received the payments, she split the money with BELL. In total, EVANS and BELL fraudulently obtained approximately $360,978.56 from the Veterans Administration.
The case was investigated by Veterans Affairs, Office of Inspector General, the United States Postal Inspection Service, the Orleans Parish District Attorney’s Office, and prosecuted by Assistant U.S. Attorney G. Dall Kammer.
Three Defendants Plead Guilty in Manhattan Federal Court to Participating in Organized Crime Scheme to Control the Commercial Waste Disposal IndustryRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that DOMINCK PIETRANICO and JOSEPH SARCINELLA pled guilty to loansharking in connection with their roles in a scheme to exert control over the commercial waste-hauling industry in the greater New York City metropolitan area and in parts of New Jersey. Additionally, WILLIAM CALI pled guilty to participating in a conspiracy to commit extortion as part of the same scheme. PIETRANICO, SARCINELLA, and CALI, who were among 32 defendants charged in the case in January 2013, pled guilty today in Manhattan federal court before U.S. District Judge P. Kevin Castel. PIETRANICO, SARCINELLA, and CALI are the third, fourth, and fifth defendants to plead guilty in this case.
Manhattan U.S. Attorney Preet Bharara said: “Three more defendants now stand convicted of federal crimes for their willingness to aid the mob in maintaining control over the waste disposal industry, but they will not be the last. We will continue to be vigilant in our efforts to sweep the remnants of organized crime from our streets, and today’s guilty pleas underscore that commitment.”
According to the Indictment against PIETRANICO, SARCINELLA, and CALI, other documents filed in Manhattan federal court, and statements made at related court proceedings:
PIETRANICO, SARCINELLA, and CALI were participants in a scheme, along with other members and associates of three different Organized Crime Families of La Cosa Nostra (“LCN”) – the Genovese, Gambino, and Luchese Crime Families – to control various waste disposal businesses in the New York City metropolitan area and multiple counties in New Jersey. Members of the scheme engaged in various crimes including extortion, loansharking, mail and wire fraud, and stolen property offenses.
PIETRANICO and SARCINELLA, who are made members of the Genovese Crime Family, provided protection and “backing” to a witness cooperating with the Government (the “CW”) who operated a waste disposal company, and made an extortionate loan at a rate of interest exceeding one hundred percent annually. CALI, a Genovese Crime Family associate, provided protection and “backing” to the CW in exchange for regular payments made under the threat of harm.
PIETRANICO, 82, of Mahopac, New York, and SARCINELLA, 79, of Scarsdale, New York, each pled guilty to one count of making an extortionate extension of credit. CALI, 60, of Queens, New York, pled guilty to one count of participating in a conspiracy to commit extortion. PIETRANICO, SARCINELLA, and CALI each face a maximum sentence of 20 years in prison. PIETRANICO, SARCINELLA and CALI are scheduled to be sentenced by Judge Castel on January 9, 2014 at 11:00 a.m.
Two other defendants, Kenneth Lopez and Joseph Antico, have already pled guilty in connection with this case are. Lopez pled guilty on May 1, 2013, before U.S. District Judge Laura Taylor Swain to being a felon in possession of a firearm. He faces a maximum sentence of 10 years in prison and is scheduled to be sentenced on September 19, 2013, at 2:00 p.m. Antico pled guilty on June 24, 2013, before U.S. Magistrate Judge Andrew J. Peck to participating in a conspiracy to traffic contraband cigarettes. He faces a maximum sentence of five years in prison. Antico’s sentencing date has not yet been scheduled.
The charges against the remaining 27 defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Westchester County Police Department.
The prosecution of this case is being handled by the Office’s Organized Crime Unit.
Assistant United States Attorneys Brian R. Blais, Rebecca G. Mermelstein, and Natalie Lamarque are in charge of the prosecution. Assistant United States Attorney Micah Smith of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.
U.S. v. Carmine Franco et al. Indictment
Therapy Staffing Company Owner and Patient Recruiter<br /> Plead Guilty in $7 Million Health Care Fraud SchemeRead the Press Release
A patient recruiter and a therapy staffing company owner pleaded guilty today in connection with a $7 million health care fraud scheme involving the now defunct home health care company Anna Nursing Services Corp.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations’ Miami office made the announcement.
Ivan Alejo, 48, and Hugo Morales, 36, pleaded guilty before U.S. District Judge Jose E. Martinez in the Southern District of Florida to one count of conspiracy to commit health care fraud. At sentencing, scheduled for Nov. 5, 2013, Alejo and Morales each face a maximum penalty of 10 years in prison.
Alejo worked as a patient recruiter at Anna Nursing, a home health care agency in Miami Springs, Fla., that purported to provide home health and therapy services to Medicare beneficiaries but in reality billed Medicare for expensive physical therapy and home health care services that were not medically necessary and/or were not provided. Morales owned Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.
Alejo and his co-conspirators negotiated and paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided. He and others also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation. Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services.
Morales and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary. Morales knew the falsified documents were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing.
From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. This case was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Therapy Staffing Company Owner and Patient Recruiter Plead Guilty in $7 Million Health Care Fraud SchemeRead the Press Release
A patient recruiter and a therapy staffing company owner pleaded guilty today in connection with a $7 million health care fraud scheme involving the now defunct home health care company Anna Nursing Services Corp.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations’ Miami office made the announcement.
Ivan Alejo, 48, and Hugo Morales, 36, pleaded guilty before U.S. District Judge Jose E. Martinez in the Southern District of Florida to one count of conspiracy to commit health care fraud. At sentencing, scheduled for Nov. 5, 2013, Alejo and Morales each face a maximum penalty of 10 years in prison.
Alejo worked as a patient recruiter at Anna Nursing, a home health care agency in Miami Springs, Fla., that purported to provide home health and therapy services to Medicare beneficiaries but in reality billed Medicare for expensive physical therapy and home health care services that were not medically necessary and/or were not provided. Morales owned Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.
Alejo and his co-conspirators negotiated and paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided. He and others also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation. Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services.
Morales and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary. Morales knew the falsified documents were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing.
From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. This case was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov
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.
Terrytown Man, Warren Stewart, Pleads Guilty to Unauthorized Recording of A Motion Picture and Criminal Infringement of A CopyrightRead the Press Release
WARREN STEWART, age 37, a resident of Terrytown, Louisiana, pleaded guilty as charged today before U.S. District Judge Stanwood R. Duval, Jr. to the unauthorized recording of a motion picture and criminal infringement of a copyright, announced U.S. Attorney Dana J. Boente.
According to court documents, an investigation determined that on January 27, 2013, STEWART used a digital camcorder to record the motion picture Broken City in Theater 11 of the AMC Westbank Palace 16 movie theater, located in Harvey, Louisiana, without the authorization of the Motion Picture Association of America (MPAA). STEWART then uploaded the copy of Broken City via the Internet to servers organized and managed by individuals who collectively sought to obtain copies of the video and audio components of motion pictures currently showing in theaters that had not yet been commercially released on DVD/Blu-ray or in any other form for sale to the general public. Subsequently, the investigation determined that STEWART had recorded 8 other motion pictures at the AMC Westbank Palace 16 between November 21, 2012, and January 29, 2013, without authorization. STEWART then duplicated and sold copies of these movies.
Additionally, court documents revealed that STEWART copied and sold copyrighted musical works and motion pictures without the authorization of the copyright holders, the Recording Industry of America (RIAA) and the MPAA, respectively. After extensive surveillance, on March 6, 2012, agents executed a search warrant at STEWART’S residence, during which time they seized approximately 9,063 pirated DVDs containing copyrighted motion pictures and 3,241 pirated CDs containing copyrighted musicwhich STEWART held out for sale.
STEWART faces a maximum term of imprisonment of 8 years, followed by up to 3 years of supervised release, and a $250,000 fine. Sentencing has been scheduled for December 11, 2013, at 9:00 a.m.
The case was investigated by Immigration and Customs Enforcement, Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.
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Tax Return Preparer Sentenced to Federal Prison for More Than $1 Million in Tax FraudRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that Senior U.S. District Judge G. Kendall Sharp sentenced Obnes Latigue (51, Orlando) yesterday to 13 months in federal prison for aiding in the preparation of false tax returns. As part of his sentence, Latigue was also ordered to pay $1,129,418 to the Internal Revenue Service in restitution and to serve one year of supervised release. Latigue pleaded guilty on May 23, 2013.
According to his plea agreement, Latigue was the owner of a tax return business called Tax Winners Enterprises, Inc. For tax years 2006, 2007, and 2008, Latigue prepared returns for individuals in which he falsified the amounts of deductions and tax credits owed to taxpayers, which resulted in those taxpayers receiving undeserved tax refunds. In particular, Latigue fraudulently claimed education credits for clients who never attended college. He also inflated itemized deductions. In response to the false returns that Latigue prepared, the Internal Revenue Service issued more than $1.1 million in undeserved refunds, which is the amount that Latigue was ordered to pay in restitution.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
St. Paul Felon Pleads Guilty to Possessing A .22-caliber HandgunRead the Press Release
MINNEAPOLIS—Yesterday in federal court, a 23-year-old St. Paul felon pleaded guilty to possessing a .22-caliber handgun. On August 20, 2013, Phuvanath Ronald Mounthachack pleaded guilty to one count of being a felon in possession of a firearm. Mounthachack, who was indicted on June 3, 2013, entered his plea before United States District Judge Patrick J. Schiltz.
In his plea agreement, Mounthachack admitted that on January 15, 2013, he made arrangements to sell a firearm to two individuals, one of whom was an undercover police officer. Mounthachack admitted instructing the individuals to meet him near the intersection of Interstate 94 and Lexington Avenue in St. Paul. At approximately 8:10 p.m., Mounthachack arrived at that location, carrying a .22-caliber, semi-automatic handgun along with some ammunition. In return for $500 in cash, he handed over the gun and ammunition to the two individuals.
Because he is a felon, Mounthachack is prohibited under federal law from possessing a firearm or ammunition at any time. His prior Wright County convictions include aggravated robbery (2007) and fifth-degree sale of a controlled substance while employing a dangerous weapon (2009).For his crime, Mounthachack faces a potential maximum penalty of ten years in prison. Judge Schiltz will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Minneapolis Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.
The case was charged federally through Project Exile Minneapolis. That law enforcement initiative was launched on July 22, 2010, as part of a city-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the ATF work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted – state or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors. To date, the U.S. Attorney’s Office has brought charges against approximately two dozen serious habitual criminals through Project Exile Minneapolis.Sneads Man Sentenced to 45 Years for Manufacturing Child PornographyRead the Press Release
PANAMA CITY, FLORIDA– Donyel James Fitts, 28, of Sneads, Florida, was sentenced today in federal court to serve 45 years in prison for producing child pornography.
Fitts was sentenced for conduct in June and October 2012. On June 21, 2012, Fitts persuaded and coerced a 4-year-old child to engage in sexually explicit conduct, so that he could photograph the minor. On two occasions in October 2012, he videotaped the 4-year-old child engaged in sexually explicit conduct.
Fitts faced a mandatory minimum sentence of 15 years in prison on each of three counts, and U.S. District Judge Richard Smoak ran the sentences consecutively to one another for a total of 45 years imprisonment, and a life term of supervised release.
U.S. Attorney Pamela Marsh said, “Our prosecutors and law enforcement professionals will continue to actively investigate and charge offenders who target our children by photographing and videotaping such despicable acts.”
“This case exemplifies the important role local and federal law enforcement partnerships play in putting child predators behind bars,” said Shane Folden, deputy special agent in charge of Homeland Security Investigations Tampa. “Let this sentence serve as a warning to other predators. We will find you, arrest you and ensure that you are prosecuted to the fullest extent of the law.”
This case was investigated by the Immigration and Customs Enforcement’s Homeland Security Investigations and the Jackson County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Gayle Littleton. This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney’s 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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Shiprock Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jack Belin, Jr., 59, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced to 27 months in federal prison followed by three years of supervised release for his abusive sexual contact conviction. Belin will be required to register as a sex offender after he completes his prison sentence.
Belin was arrested in Oct. 2012, based on an indictment charging him with two counts of abusive sexual contact. According to the indictment, Belin committed the offenses on July 18, 2012, in Indian Country (the Navajo Indian Reservation) in San Juan County, N.M.
On Feb. 6, 2013, Belin entered a guilty plea to Count 2 of the indictment. In his plea agreement, Belin admitted that on July 18, 2012, he intentionally and inappropriately touched the victim without the victim’s consent. Belin was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Rosebud Man Sentenced for Conspiracy to Distribute Between 50 and 100 Kilograms of MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of conspiracy to distribute between 50 and 100 kilograms of marijuana was sentenced on August 19, 2013, by U.S. District Judge Roberto A. Lange.
Eagle Deer will report to the U.S. Marshals Service on August 22, 2013, to begin serving his sentence.
Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, was sentenced to 28 months of custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Deer was indicted by a federal grand jury on August 29, 2012, and pled guilty to a Superseding Information on May 29, 2013, that charged him with Conspiracy to Distribute a Controlled Substance, 50-100 kilograms of marijuana.
Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota. Romero-Perez then sold or fronted (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Joe Buck Colombe, and Jo Ann White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota. Phillip Stands and Eagle Deer assisted the Barreras in redistributing the marijuana. Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards.
Previously, as part of this same narcotics trafficking conspiracy, Gloria Barrera, Andrea Barrera, Romero-Perez, and Stands were all sentenced. Colombe will be sentenced on October 7, 2013, and White Buffalo will be sentenced on October 21, 2013.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case was prosecuted by Assistant U.S. Attorney Jay Miller.Oglala Man Pleads Guilty to Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eldon Ray Tobacco, age 26, of Oglala, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on August 16, 2013, and pled guilty to Destruction of Government Property.
The maximum penalty upon conviction is 1 year imprisonment and a $100,000 fine.
The charge relates to Tobacco throwing a rock at the windshield of a 2010 Ford Expedition belonging to the U.S. General Services Administration and leased to the Oglala Sioux Tribe Department of Public Safety. The incident happened between March 27 and 28, 2011. The rock caused enough damage that the windshield had to be replaced.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date was set for October 25, 2013. The defendant was released on bond pending sentencing.Nurse Sentenced to 12 Years in Prison for Murder-For-Hire PlotRead the Press Release
A Cleveland-area nurse was sentenced to 12 years in prison today for his role in a murder-for-hire plot and related crimes, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Martin, age 23, of Bristolville, pleaded guilty earlier this year to use of an interstate commerce facility in the commission of murder-for-hire, conspiracy to commit wire fraud and obtaining individually identifiable health information.
“This sentence underscores the seriousness of this defendant’s conduct,” Dettelbach said. “He sought to have a woman killed over a home in Lakewood. The community is fortunate that law enforcement was vigilant and stopped this plot.”
“Working with Lakewood police and fire and our other law enforcement partners, an individual was brought to justice who attempted to prey on an elderly person, both financially and physically,” said Lance Kimmell, Group Supervisor for the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Cleveland office.
U.S. District Judge Christopher Boykok also ordered Martin to pay more than $83,000 in restitution.
Martin worked as a registered nurse at a local hospital. He and another person (identified as D.S., who worked in the business of residential property repair and rehabilitation) conspired to take ownership and control of the house at 17225 Clifton Boulevard in Lakewood, which was owned by a person identified as G.W. who was a patient at the hospital where Martin worked, according to court documents.
This would be done, in part, by Martin accessing G.W.’s medical records. He passed that information on to D.S., who fraudulently maintained he had a personal relationship with G.W., which caused the homeowner to transfer ownership of the Clifton property prior to the G.W.’s death, according to court records.
On Nov. 21, 2011, Martin and D.S. caused a fraudulent quitclaim deed to be filed with the Cuyahoga County Recorder, which transferred ownership to D.S. D.S. had fraudulently represented to others that he had a personal relationship with G.W. based on medical records accessed by Martin, according to court documents.
A woman identified as J.C. was the sister of G.W. and the administrator of his estate. On Nov. 21, 2011, Martin and D.S. met J.C. at the property, where they maintained D.S. was the rightful owner, according to court documents.
In February 2012, Martin prepared D.S. for a deposition relating to the transfer of the Clifton property by providing D.S. with personal information about G.W. that Martin learned from accessing his medical records at the hospital, according to court documents.
On November 5, 2012, Martin used a telephone in connection with his intention that J.C. be murdered in exchange for the promise of $10,000, according to court documents.
Martin solicited a patient at the hospital to kill J.C. because “she has been trying to mess up my life” and then followed up with telephone calls which related to the solicitation. Martin wanted the patient to “put four in her head and make it look like a robbery,” according to court documents.
This case is being prosecuted by Assistant United States Attorneys Henry F. DeBaggis and Kelly L. Galvin following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Maple Heights Police Department and Lakewood Police and Fire Departments.
Norwalk Resident Sentenced to More Than Five Years in Federal Prison for Trafficking NarcoticsRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced HECTOR VALLE, 43, a citizen of Mexico last residing in Norwalk, was sentenced today by United States District Judge Janet C. Hall in New Haven to 65 months of imprisonment, followed by four years of supervised release, for trafficking narcotics.
According to court documents and statements made in court, on March 27, 2012, New York Police Department officers conducting a narcotics trafficking investigation contacted the Drug Enforcement Administration in Bridgeport with information that individuals operating out of 18-20 Taylor Avenue and 20 Woodbury Avenue in Norwalk had just received a multiple-kilogram shipment of cocaine. Based upon this information, on the morning of March 28, members of the DEA Bridgeport High Intensity Drug Trafficking Area Task Force and the Norwalk Police Department’s Special Services Division executed a court-authorized search of 20 Woodbury Avenue and encountered VALLE, Jose Mendez-Luna and others. A search of VALLE’s bedroom revealed quantities of cocaine and heroin, drug ledgers and approximately $8,000 in cash. In a bedroom that Mendez-Luna had been using, officers located a 9-millimeter firearm, a magazine with four rounds of ammunition, approximately 262 grams of cocaine, two digital scales, narcotics packaging materials and nine cell phones. Approximately one ounce of heroin was also recovered from the kitchen of the residence.
A subsequent court-authorized search of 18-20 Taylor Avenue yielded approximately five kilograms of heroin, 10 pounds of Methamphetamine, $279,000 in cash, one handgun, ammunition and narcotics packaging materials.
VALLE has been detained since his arrest on March 28, 2012. On March 15, 2013, he pleaded guilty to one count of conspiracy to possess with the intent to distribute 500 grams or more of cocaine.
Mendez-Luna also pleaded guilty and, on July 17, 2013, he was sentenced to 30 months of imprisonment.
This matter was investigated by Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, which is composed of members of the Bridgeport, Milford, Norwalk, Stamford, Stratford and Westport Police Departments. The investigation was significantly assisted by the Norwalk Police Department’s Special Services Division and the New York Police Department.
This case was prosecuted by Assistant United States Attorneys Sarah Karwan and Vanessa Richards.
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Tom Carson
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[email protected]Nigerian National Sentenced for Resisting Deportation OrdersRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that Emmanuel Nwankwo, 54, of Nigeria, was sentenced Tuesday by U.S. District Judge Dee D. Drell to 24 months in prison for impeding or hampering his deportation.
On May 21, 2013, after a two-day trial, a jury found Nwankwo guilty for impeding or hampering his deportation. Witness testimony and documents admitted into evidence at trial revealed that U.S. Immigration Enforcement Agents brought Nwankwo to the Alexandria International Airport on December 11, 2012 and attempted to put him on a commercial flight. The defendant began yelling and physically resisting officers, which prevented him from boarding the flight because of airline and Transportation Security Administration policies.
The Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorneys Seth D. Reeg and Cytheria D. Jernigan prosecuted the case.
New York Woman Pleads Guilty to Bankruptcy FraudRead the Press Release
SAN FRANCISCO – Patricia Bonavito pleaded guilty yesterday in federal court in San Francisco to giving false statements in a bankruptcy proceeding, United States Attorney Melinda Haag announced.
In pleading guilty, Bonavito admitted to making numerous false statements, under the penalty of perjury, in furtherance of a bankruptcy petition through which she sought relief of $308,249 in debts. She admitted to knowingly making these false statements concerning matters material to the determination of whether the Bankruptcy Court should forgive her debt. The false statements included the following: she denied that anyone owed her any money, when in fact someone owed her a 50% interest in a $150,000 promissory note; she denied having any other income or transferring any property during the two years prior to filing her bankruptcy petition, when in fact she had received more than $500,000 from the sale of properties in San Francisco and New York; she denied that her name was on any real property not listed on her original petition, when in fact she purchased a property in New York for $385,000 shortly after filing for bankruptcy in San Francisco; and she denied giving any money to friends or relatives in the year prior to filing, when in fact she had transferred $200,000 to her daughter just months before filing.
Bonavito, 59, formerly of San Francisco and currently from New York City, was indicted by a federal Grand Jury on April 17, 2013. She was charged with eight counts of false statements in bankruptcy proceedings, in violation of 18 U.S.C. § 152(3), and one count of false testimony under oath in a bankruptcy proceeding, in violation of 18 U.S.C. § 152(2). Under the plea agreement, Bonavito pleaded guilty to four counts of false statements in bankruptcy proceedings.
Bonavito’s sentencing hearing is scheduled for November 12, 2013, at 2:00 p.m. before The Honorable William H. Alsup, U.S. District Court Judge, in San Francisco. The maximum statutory penalty for each count of false statements in bankruptcy proceedings, in violation of 18 U.S.C. § 152(3), is 5 years in prison and a fine of $250,000. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Hallie Hoffman is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elizabeth Garcia. The prosecution is the result of a 20-month investigation by the Federal Bureau of Investigation with substantial assistance from the United States Bankruptcy Trustee.
New York Man Sentenced to More Than 5 Years in Federal Prison for Access Device FraudRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that Senior District Judge G. Kendall Sharp sentenced Richard Middleton (36, New York) today to five years and ten months in federal prison for possession of device -making equipment and possession of a false identification implement. Middleton pleaded guilty on May 29, 2013.
According to documents, on August 20, 2011, deputies from the Osceola County Sheriff’s Office executed a search warrant on a room that Middleton occupied at a timeshare resort in Kissimmee. Inside the room deputies recovered equipment used to manufacture counterfeit credit cards and false identification documents, including a credit card embosser, a foil press “tipping” machine, card making devices, MasterCard hologram stickers, blank plastic cards and holograms typically used in genuine state issued identification cards and driver licenses, more than 1,000 blank American Express and Visa credit cards, and a laptop computer. A forensic review of the laptop revealed evidence indicating its use in the charged crimes.
This case was investigated by the United States Secret Service. The Osceola County Sheriff’s Office assisted in the investigation. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
New Orleans Man, Jahvar Hooks, Charged with Making Threatening Phone CallsRead the Press Release
JAHVAR HOOKS, age 30, a resident of New Orleans, Louisiana, appeared before U.S. Magistrate Judge Karen Wells Roby today after being charged by criminal complaint with making threatening telephone calls in violation of Title 18, United States Code, Section 844(e), announced U.S. Attorney Dana Boente.
According to the criminal complaint, from August 12, 2013 through August 19, 2013, HOOKS made in excess of 40 telephonic bomb threats. Victims of these threatening phone calls include the Orleans Parish Criminal District Court and the New Orleans Municipal/Traffic Court along with schools, hotels, casinos, and other government buildings. In an interview with officers of the New Orleans Police Department, HOOKS admitted to making the threatening telephone calls.
If convicted, the maximum penalty as to each charge is ten (10) years imprisonment, a $250,000 fine, and a three (3) year term of supervised release.
U.S. Attorney Boente reiterated that a criminal complaint is merely a charge, which matter must be presented to a federal grand jury and thereafter, that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by Special Agents of the Federal Bureau of Investigation and prosecution is being handled by Assistant United States Attorney Gregory M. Kennedy.
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Musician and Record Producer Pleads Guilty to Wire Fraud for Soliciting and Accepting Investments for Fraudulent ProjectsRead the Press Release
A Vancouver, Washington musician and record producer pleaded guilty today in U.S. District Court in Tacoma to wire fraud in connection with schemes to lure investors in non-existent music projects, announced U.S. Attorney Jenny A. Durkan. KASEY ANDERSON, 33, admits in his plea agreement that he defrauded investors who believed they were investing in legitimate albums and concerts, including projects featuring major recording artists and celebrities. ANDERSON is scheduled to be sentenced by U.S. District Judge Ronald B. Leighton on November 22, 2013.
According to the facts set forth in the plea agreement, ANDERSON admitted that between 2009 and 2011, he induced more than $500,000 in investments for a number of projects, including a compilation album and concert series featuring well-known artists such as Bruce Springsteen, Pearl Jam, and R.E.M. ANDERSON also sought investors for his own album and tours, and the record of another musician. As part of the solicitation for the compilation album, ANDERSON represented that a portion of the proceeds from the record would support the legal defense fund for the “West Memphis Three,” three men convicted of murder in Arkansas in 1994, who had garnered significant attention and support from people who believed in their innocence. ANDERSON claimed to have agreements signed by various music stars and a family member of one of the West Memphis Three. No such agreements existed. ANDERSON created fake email accounts for prominent music industry members and sent emails from those accounts to further convince investors his project was legitimate. ANDERSON also forged statements from a music-distribution company purporting to show that the project had earned $1.7 million from advance sales.In addition to the “West Memphis Three” project, ANDERSON solicited investors for three other music-related projects using forged documents and false representations. ANDERSON solicited investors to fund an album of his music, and provided false paperwork indicating that thousands of copies of the album had been sold, earning more than $1.4 million in royalties. In fact the album had earned less than $10,000 in royalties. ANDERSON provided other forged documents indicating he had earned royalties in connection with an album by an unrelated artist, when in fact the album had been released by another record label years earlier, and that a 2011 concert tour had earned more than $200,000. ANDERSON also sent investors forged bank account statements showing balances of hundreds of thousands of dollars more than existed in the accounts.
In all, ANDERSON took in nearly $526,000 from more than 30 investors. ANDERSON has repaid $160,258, leaving more than $365,580 in loss for investors. Wire fraud is punishable by up to 20 years in prison and a $250,000 fine.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorneys Thomas Bates and Andrew Friedman.
Mortgage Broker Sentenced to 7½ Years in Prison for Fraud Scheme, Money LaunderingRead the Press Release
PITTSBURGH, Pa - A Beaver County resident has been sentenced in federal court to 78 months of imprisonment, to be followed by five years of supervised release, on his conviction of conspiracy and money laundering, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Jeffrey Garbinski, 45. Judge Bissoon also ordered Garbinski to pay approximately $3 million in restitution, including $350,000 he defrauded from his own parents.
According to information presented to the court, Garbinski owned and operated the Closing Company of PA ("Closing Company"), which closed residential real estate transactions. Sabrina Spetz was an attorney who closed many of the transactions at issue. Garbinski also operated a mortgage broker business called Main Street Mortgage Services, which did business as Asset Mortgage and Financial Services, Inc., and he was a title insurance agent.
Closing companies have trust accounts. What is supposed to happen is that the money from the lenders funding the loans goes into the trust account. At or shortly after the closing, those funds are disbursed consistent with the lender's instructions and the settlement statements. Most significantly with regard to this case, is that liabilities associated with the collateral are supposed to be paid immediately. Thus, the liens related to the property are paid and the lender stands in first lien position.
Rather than immediately paying the liabilities, Garbinski, with Spetz's knowledge and assistance, siphoned money from the company for years to support his lifestyle and for other business ventures. He would then use the money from the next transactions to pay the liabilities from the previous transactions. He paid the monthly mortgage payments on the outstanding mortgages that should have already been paid to avoid discovery of his fraud. Eventually, the liabilities grew so large that Garbinski was no longer able to pay the liabilities and he filed for bankruptcy.
Although Garbinski committed this scheme regarding customers of the Closing Company, he also committed this scheme with his own personal residence. Dollar Bank funded a $600,000 loan to Garbinski arranged through his mortgage broker business and closed by the Closing Company, and funded by Dollar Bank. Basically, the loan through Dollar Bank was a typical refinance transaction in which all of the liabilities associated with the collateral, which was Garbinski's personal residence, were supposed to be paid off. Garbinski submitted a loan application that failed to report two significant mortgages on the property, and he also arranged to submit fraudulent title search records that did not reveal the two mortgages. Long after the loan closed, Dollar Bank discovered that they were in third lien position rather than first lien position.
Ultimately, the title insurance companies paid substantial claims because of this fraud. The Closing Company was a representative of Stewart Title Guaranty Company and Fidelity National Title Insurance Company ("Fidelity"). Fidelity conducted an audit of the Closing Company of PA pursuant to the title insurance contract between Fidelity and the Closing Company. As part of that audit, Fidelity requested and obtained from Spetz bank statements that did not show the fraudulent withdrawals because the statements had been altered by Spetz at Garbinski's direction.
In terms of the money laundering, an owner of a home sought to refinance a loan through Northwest Savings Bank. Because of concerns that Northwest had with Garbinski, Northwest refused to let the Closing Company close the transaction, and demanded that Fidelity close the transaction. Fidelity, however, was unaware of the transaction and did not close the loan. In order to make it appear that Fidelity was involved in closing the loan, the settlement statement was fabricated and provided to Northwest. The settlement statement falsely represented that Fidelity closed the transaction. In addition, Garbinski created a letter with wiring information for what was represented to be the trust account for Fidelity. In fact, the account number is for the Closing Company. The loan closed on Feb. 24, 2010, and the loan was funded through a wire transfer from Northwest Savings Bank to the Citizens Bank account of the Closing Company. That money was supposed to have been used to pay off a liability associated with the collateral.
On Feb. 25, 2010, Garbinski withdrew $38,316 in cash from that account. Bank surveillance pictures showed Garbinski making the withdraw. On that same day, Garbinski deposited $37,500 of that cash into the Clearview Federal Credit Union account of JAG Management LP, which was basically a shell company that Garbinski owned.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
The Mortgage Fraud Task Force conducted the investigation that led to the prosecution of Garbinski. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.
Mescalero Apache Man Sentenced to Thirty-Three Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Paul Francis Hicks, 50, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced in Las Cruces federal court this morning to 33 months in prison followed by 2 years of supervised release for his assault convictions.
Hicks was arrested in March 2012, on a complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury. He subsequently was indicted on the same two charges.
Hicks pleaded guilty in Dec. 2012, to assaulting a Mescalero Apache woman by slashing her hand with a large hunting knife at the Mescalero Tribal Offices on March 1, 2012. As a result of the assault, the victim suffered tendon and nerve damage that required surgery to repair. Hicks entered his guilty plea without the benefit of a plea agreement.
Court filings reflect that on March 1, 2012, Hicks provoked an argument with the victim, who worked at the Mescalero Tribal Offices. During the argument, Hicks drew a 12-inch hunting knife out of his jacket and threatened to kill the victim. When Hicks attempted to slash the victim’s face, the victim attempted to defend herself by blocking the knife with her left hand. In so doing, the victim sustained a large laceration across the palm of her left hand.
Although Hicks fled from the scene of the assault, he was apprehended by BIA police officers later that day and was taken into tribal custody, where he remained until he was arrested on federal charges on March 20, 2012.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordon of the U.S. Attorney’s Las Cruces Branch Office.Long Island Physician to Pay U.S. $388,000 to Settle <br /> False Claims Act Allegations Related to Overbilling MedicareRead the Press Release
Richard S. Obedian, a Long Island, N.Y., orthopedic surgeon, will pay the government $388,000 to settle allegations that he violated the False Claims Act by submitting false claims to Medicare for minimally invasive spine procedures, the Justice Department announced today.
Allegedly, throughout 2005, Obedian knowingly submitted improper claims to Medicare for a procedure known as kyphoplasty, a minimally invasive procedure used to treat compression fractures of the spine that often are due to osteoporosis. Prior to 2006, Medicare billing rules required the use of a specific billing code to denote the performance of a kyphoplasty procedure. Those same rules precluded the use of other codes assigned to more invasive and complicated, and therefore more expensive, surgeries. The government alleged that Obedian knowingly circumvented lower payment rates for kyphoplasty procedures performed throughout 2005 by using incorrect billing codes assigned to more complicated surgeries, thereby inflating his Medicare reimbursements.
“We expect physicians who participate in federal health care programs to bill for their services accurately and honestly,” said Stuart F. Delery, Assistant Attorney General for the Civil Division. “Neither the Department of Justice nor the taxpayers will tolerate those who knowingly overbill federal health care programs.”“We will continue to vigorously enforce the False Claims Act for the protection of the taxpayers and the United States government,” said William J. Hochul, Jr., U.S. Attorney for the Western District of New York.
“The Obedian settlement vividly illustrates the role of dynamic law enforcement partnerships in the battle to protect Medicare from those who would bill inappropriately,” said Thomas O’Donnell, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services, New York region. “Our office continues working to ensure that taxpayer money is spent wisely.”
“This resolution is a prime example of CMS’ successful partnership with the Office of Inspector General for the Department of Health and Human Services and the Department of Justice to carry out our mission to prevent and detect Medicare fraud and protect the Medicare Trust Fund,” said Peter Budett, Deputy Administrator and Director, Center for Program Integrity in the Centers for Medicare and Medicaid Services.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $14.8 billion through False Claims Act cases, with more than $10.8 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of a coordinated effort among the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Western District of New York and the Department of Health and Human Services’ Office of Inspector General. The settlement is part of the Department’s broader investigation into kyphoplasty billing practices among hospitals, which has resulted in settlements with more than 100 hospitals totaling approximately $75 million to resolve allegations that they mischarged Medicare for kyphoplasty procedures. In addition, the government previously settled with Medtronic Spine LLC, the corporate successor to Kyphon Inc., for $75 million to settle allegations that the company defrauded Medicare by counseling hospital providers to perform kyphoplasty procedures as inpatient rather than outpatient procedures.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.Last Defendant Sentenced in Largest Jefferson County Drug Trafficking OrganizationRead the Press Release
– Cocaine supply tied to the Mexican Drug Cartel
– Involved the sale of 100 kilos of cocaine per month and resulted in 26 arrested and successfully prosecutedLOUISVILLE, Ky. – The last of 26 defendants charged in the largest Jefferson County, Kentucky drug trafficking organization was sentenced in United States District Court this week, by Senior Judge Charles R. Simpson III, for his role in the distribution of cocaine, brought into the United States through a Mexican drug cartel, to metro Louisville for distribution, announced David J. Hale, United States Attorney for the Western District of Kentucky.
“This final sentencing brings to a close the successful prosecution of a dangerous network of drug dealers,” stated U.S. Attorney Hale. “This exemplifies what can be accomplished when law enforcement collaborates across jurisdictional lines,” concluded U.S. Attorney Hale.
“This closes the book on one of the most significant drug trafficking organizations in the Louisville area. The McCarthy organization, including its out-of-state pipeline of devastating drugs into Kentucky, has been completely dismantled,” said Robert Corso, DEA Special Agent in Charge, Detroit Field Division, which covers the state of Kentucky.
All 26 defendants either pleaded guilty to charges or were found guilty at trial. Kerry Dickerson of Louisville, was sentenced to 120 months in federal prison this week, by Judge Simpson, for his role in the syndicates’ sale and distribution of cocaine.
During the investigation and prosecution of this drug trafficking organization, more than 20 assault style rifles, 37 kilos of cocaine, and $4 million cash were seized and presented as evidence. According to evidence presented during the prosecution of the 26 defendants, including the trial of Abel Flores and Ramon Flores the United States proved that hundreds of kilos of cocaine were brought into the United States through a Mexican drug cartel, to Jefferson County, Kentucky for distribution in the Louisville area through drug trafficking organizer Michael McCarthy. Further, the United States proved that the Flores brothers, who operated out of California, supplied the cocaine through a cross-country distribution network originating in southern California and involved 24 co-defendants, living in and around the Louisville area. This courier system returned between one and four million dollars to the Flores brothers each month. The conspiracy began in August 2007 and ran through May 10, 2010.
The United States presented evidence obtained through wire tapped phone recordings, controlled calls, jail calls, defendant witnesses in the Bureau of Prisons, defendant witnesses in Marshal custody, numerous law enforcement witnesses from different agencies, and experts from the Metro Louisville Police Fingerprint Lab, the DEA and an expert from the T-Mobile law enforcement compliance division to discuss the geo location information gathered from defendant phones in real time. The United States also presented documents relating to phone records, hotel records and airline records.
This case was prosecuted by Assistant United States Attorneys J. Scott Davis and Robert B. Bonar and was investigated by the U.S. Drug Enforcement Administration (DEA) Louisville Division Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Louisville Field Division, and Metro Louisville Police Department, Jefferson County Sheriff’s Office and the Indiana and Kentucky State Police.
Lapwai Man Sentenced in Federal Court for AssaultRead the Press Release
COEUR D'ALENE – Paris Channing Leighton, 41, of Lapwai, Idaho, was sentenced today in United States District Court in Coeur d’Alene to 12 months plus one day in prison for assault resulting in serious bodily injury, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Leighton to serve three years of supervised release, perform 60 hours of community service, and pay $164 in restitution to the victim. Leighton pleaded guilty to the charge on April 3, 2013.
According to court statements, Leighton admitted that on May 18, 2012, he punched or kicked his girlfriend at their residence in Lapwai. The victim was taken to the hospital where a CT scan revealed that Leighton had caused the victim to suffer facial fractures.
The case was investigated by the Nez Perce Tribal Police and the Federal Bureau of Investigation.
Kent Man Pleads Guilty to Importing and Selling more than $500,000 in Counterfeit Luxury Vehicle AccessoriesRead the Press Release
A Kent, Washington man who sold more than $500,000 in counterfeit luxury vehicle parts and accessories pleaded guilty today in U.S. District Court in Seattle to trafficking in counterfeit goods, announced U.S. Attorney Jenny A. Durkan. GUOXIONG XIAN, 34, faces up to ten years in prison and a $2 million fine when sentenced by U.S. District Judge John C. Coughenour on November 22, 2013.
According to the plea agreement signed today, XIAN owns 3 Ways LLC, a company selling auto parts over the internet. XIAN primarily sold automobile accessories such as license plate frames, marque license plates, automobile logos and other decorative items for high-end automobiles. The automobile accessories XIAN sold did not impact the operational characteristics of any automobiles. In his plea agreement XIAN admits he imported the parts from China and that they were counterfeit parts bearing trademarks that belong to companies such as BMW, Mercedes, Toyota, Nissan and others. From November 2008, through April 2013, XIAN sold approximately $538,000 worth of counterfeit automobile accessories. In January 2013, XIAN sold various counterfeit car accessories to an undercover agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). XIAN sold them knowing they were marked with counterfeit trademarks.
Prosecutors have agreed to recommend a sentence of no more than 18 months in prison. XIAN has agreed to make restitution to the following companies: BMW/Mini - $256,066; Mercedes-Benz - $109,620; Nissan/Infiniti - $13,361; Toyota/Lexus/Scion - $35,304; Suzuki - $26,054; Volkswagen/Audi - $20,434; Honda - $8,433 Yamaha - $6,218.03; Dodge/Chrysler/ Jeep - $13,326; General Motors Corporation- $20,075. Ten other car companies are owed amounts less than $6,000.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and was prosecuted by Assistant United States Attorney Norman Barbosa.
Kamiah Man Pleads Guilty to Unlawfully Possessing AmmunitionRead the Press Release
COEUR D’ALENE – James Reuben Norton Blackeagle, 30, of Kamiah, Idaho, pleaded guilty today in United States District Court to unlawfully possessing ammunition, U.S. Attorney Wendy J. Olson announced. Blackeagle was indicted by a federal jury on May 21, 2013.
According to the plea agreement, Blackeagle admitted that on February 28, 2013, he possessed ammunition within his residence and vehicle. Blackeagle was prohibited from possessing firearms and ammunition due to a previous conviction in 2007 for possession of a destructive device. Blackeagle will forfeit the ammunition he unlawfully possessed.
The charge of unlawfully possessing ammunition is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for November 12, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the Federal Bureau of Investigation, with the assistance of the Nez Perce Tribal Police Department.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
KC Tax Preparer Pleads Guilty to False ClaimRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman pleaded guilty in federal court today to presenting a false tax claim.
Chanita Cotton, 44, of Kansas City, pleaded guilty before U.S. Chief District Judge Fernando J. Gaitan to the charge contained in a Nov. 27, 2012, federal indictment.
By pleading guilty today, Cotton admitted that she prepared 23 false and fraudulent income tax returns that resulted in more than $90,000 in refunds. Cotton received a significant portion of those refunds.
Cotton prepared federal income tax returns for her friends, family, clients and others without providing any information on the returns that would identify her as the preparer. During the tax years 2007 through 2010, Cotton prepared returns for clients that included false income amounts in order to earn refunds through the Earned Income Tax Credit (EITC) for amounts higher than they were legally owed. The EITC is a refundable tax credit intended for workers earning a low to moderate income, which results in a tax refund for those whose credit exceeds the amount of taxes owed.
Cotton abused the EITC by including falsified household help income to inflate her clients’ income amounts and earn the maximum EITC. Household help income is earned by working in someone’s home, e.g. babysitting, house cleaning, nursing. Household employers do not need to provide their employees with Forms W-2 if the earned incomes fall below a certain threshold.
Under federal statutes, Cotton is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. 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 Senior Litigation Counsel Gregg R. Coonrod. It was investigated by IRS-Criminal Investigation.Judge Sentences Pittsburgh Man to Prison for Possessing Counterfeit CashRead the Press Release
PITTSBURGH, Pa. - A Pittsburgh man has been sentenced in federal court to one month imprisonment with three years supervised release on his conviction of violating federal counterfeit laws, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Dustin Mathis, 30.
According to information presented to the court, Mathis did possess and conceal falsely made, forged, counterfeited and altered obligations of the United States, that is, approximately $1,840 in counterfeited Federal Reserves Notes, with the intent to defraud.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Secret Service for the investigation leading to the successful prosecution of Mathis.
Jicarilla Apache Man Sentenced to Twelve Years in Federal Prison for Aggravated Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Gary Sidney Vicenti, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today to 12 years in federal prison followed by ten years of supervised release for his aggravated child sexual abuse conviction. Vicenti will be required to register as a sex offender after he completes his prison sentence.
Vicenti’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.
Vicenti was arrested in Nov. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 in summer 2011 on the Jicarilla Apache Reservation. In May 2013, Vicenti entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim by inappropriately touching the victim. Vicenti also admitted that his criminal conduct occurred on June 1, 2011, in the Jicarilla Apache Reservation.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. It was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Jamaican National Sentenced to Prison for Passport FraudRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that KEVIN DEAN BROWN, 43, a citizen of Jamaica last residing in Mount Vernon, N.Y., was sentenced today by United States District Judge Janet C. Hall in New Haven to eight months of imprisonment for passport fraud.
According to court documents and statements made in court, on May 30, 2006, BROWN used the name and identity documents of a U.S. citizen when filing an application for a U.S. passport at a post office in Hamden. A U.S. passport was issued to BROWN in November 2006.
BROWN has been detained since his arrest on April 4, 2013. On May 29, 2013, he pleaded guilty to one count of making a false statement in an application for a U.S. passport.
BROWN faces deportation proceedings when he completes his prison term.
This matter was investigated by the U.S. Department of State, Bureau of Diplomatic Security, with the assistance of the New York State Department of Motor Vehicles. The case was prosecuted by Assistant United States Attorney Deborah R. Slater.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Interstate Sex-Trafficker Sentenced to 15 Years in Federal Prison for Prostituting Adult and Minor VictimsRead the Press Release
CHICAGO — A Oregon man who engaged in interstate sex-trafficking of two adult women and a teenage girl from the West Coast to the Midwest was sentenced today to 15 years in federal prison. The defendant, ERIK SHAMSUD-DIN, 46, was sentenced after a hearing at which the minor victim, now 23, testified in U.S. District Court.
Shamsud-din, who pleaded guilty in May to interstate prostitution, was sentenced to 180 months in prison, followed by three years of supervised release, by U.S. District Judge Amy J. St. Eve. He must serve at least 85 percent of his federal sentence before he is eligible for release and there is no parole in the federal prison system. The sentence resolved federal charges against Shamsud-din in Oregon and northern Illinois. Shamsud-din previously served a 112-month sentence after a 1991 conviction for rape and prostituting two teenage girls.
Shamsud-din “was a predator who targeted vulnerable women, including a minor, sent them out to have sex with strangers, and took all the money they made for himself,” the government argued in seeking the 20-years sentence.
According to court records, in late 2006, Shamsud-din was engaged in prostituting two adult women in California when he met Victim A, a 16-year-old homeless runaway, and he began prostituting her as well. Shamsud-din and his victims left California and traveled to Arizona, New Mexico, and Texas, where he engaged in prostituting them, before traveling in late January 2007 from Texas to Illinois to further engage in prostitution. On Jan. 27, 2007, Skokie police responded to a fight between the minor and an adult victim. The minor was rescued and Shamsud-din was arrested, which later resulted in the federal charges in Chicago.
The investigation was conducted by the Chicago Office of the Federal Bureau of Investigation after Shamsud-din was arrested in 2007 by the Skokie Police Department. The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the FBI.
The government was represented by Assistant U.S. Attorneys Margaret Schneider and Heather McShain.
Indictment: Manhattan Doctor's Office Manager Unlawfully Distributed OxycodoneRead the Press Release
TOPEKA, KAN. – A woman who worked as an office manager for a Manhattan physician has been indicted on federal charges of unlawfully distributing oxycodone, U.S. Attorney Barry Grissom said today.
Sarah Harding-Huffine, 29, Manhattan, Kan., is charged with one count of conspiracy to unlawfully distribute controlled substances and one count of unlawfully distributing controlled substances. The indictment alleges Harding-Huffine used blank, pre-signed prescription forms to issue prescriptions for oxycodone, a Schedule II pain reliever.
Harding-Huffine worked for Dr. Michael P. Schuster at the New Medical Group PC, New Medical Group, Advisor’s Medical and Manhattan Pain and Spine located at 1135 Westport Drive in Manhattan. Schuster was indicted in May on charges of conspiracy to unlawfully distribute controlled substances and unlawfully distributing controlled substances.
Harding-Huffine was not a licensed health care provider and was not authorized to distribute controlled substances to Schuster’s patients. The indictment alleges she used blank prescription forms signed by Schuster to issue controlled substances. The indictment alleges 31 instances in which Harding-Huffine issued prescriptions for oxycodone while Schuster was out of the office traveling to other countries including Russia, South Africa, Canada, Uruguay, Chile, Argentina, Brazil, Israel and Paraguay.
If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each count. The FBI investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.
OTHER INDICTMENTSJames A. Greer, 41, Topeka, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in March and June 2012 in Shawnee County, Kan.
If convicted, he faces a penalty of not less than five years in federal prison and a fine up to $250,000 on the charge of distributing child pornography and a maximum penalty of 10 years and a fine up to $250,000 on the possession charged. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Ki Nekyo McClinton, 29, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred in June and July 2013 in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Majed Hussein Atieh, a U.S. citizen who resides in the Kingdom of Jordan, 51, is charged with two counts of falsely claiming to be a resident of Leawood, Kan., when purchasing firearms from a store in Kansas. The crimes are alleged to have occurred in December 2011 and October 2012 in
Overland Park, Kan.If convicted he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives. The U.S. Attorney’s Office is prosecuting.
Urbano Garcia, 27, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear June 1, 2012, in U.S. District Court in Topeka.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Lucas Villarreal, 22, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear Aug. 29, 2013, for sentencing in U.S. District Court in Topeka.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Donald Lee Cohee, 25, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred from May to August 2013 in Shawnee County, Kan.If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Richard Serafin, 44, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Aug. 15, 2013, in Cloud County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.