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25 September 2013
New Jersey Leaders and Members of Violent, International Street Gang Indicted for Racketeering ConspiracyRead the Press Release
Plainfield-based Gang Allegedly Supported the Enterprise with Murder, Extortion, Plots to Kill Witnesses and a Law Enforcement Officer, and Sexual Assault
NEWARK, N.J. – Three former leaders of a New Jersey branch of the violent international street gang “La Mara Salvatrucha” – including its founding member – are charged with racketeering and murder in an indictment that also charges 11 other alleged members of the gang with related crimes, U.S. Attorney Paul J. Fishman announced today.
Santos Reyes-Villatoro, a/k/a “Mousey,” allegedly founded the “Plainfield Locos Salvatruchas” (PLS) – a subset, or “clique” – of La Mara Salvatrucha in the 1990s and served as its leader until his arrest in 2009 for attempted murder. Also known as MS-13, La Mara Salvatrucha is composed largely of Salvadorans and Salvadoran immigrants. Two other former leaders of the local PLS clique, Mario Oliva, a/k/a “Zorro,” and Roberto Contreras, a/k/a “Demonio,” are also charged in a 26-count indictment returned by a federal grand jury.
In all, the indictment charges 14 alleged members of the gang with racketeering conspiracy and a host of other violent crimes.
“The indictment describes an extraordinarily dangerous criminal enterprise whose entire reason for being revolves around imposing its leaders’ will through violence and intimidation,” U.S. Attorney Fishman said. “They have inflicted on the people of Plainfield and surrounding areas a reign of terror, backed up by physical assaults and murders. No community should have to endure such lawlessness.”
“The brazenness of the conduct charged in today’s indictment is deeply troubling,” Acting Union County Prosecutor Grace H. Park said. “The defendants allegedly showed no reluctance to react to perceived or real slights with immediate and reckless violence – and when they were caught, they plotted to retaliate against those who they believed to be responsible. Combatting gang-related crimes in Plainfield and all of our communities is one of the top priorities of this office, and it is reflected in today’s charges against the leaders of a particularly violent criminal enterprise.”
The federal indictment, which charges members of PLS with a racketeering conspiracy, four murders, multiple conspiracies to commit murder, extortion, robbery and a variety of other crimes, is the culmination of a three-year investigation that started in the Union County Prosecutor’s Office and expanded to include other local, state and federal agencies, including the Department of Homeland Security and the FBI. Among those named in the indictment are individuals who were arrested and charged with state crimes in the summer of 2011. Today’s indictment incorporates many of the acts charged at the state level and adds additional criminal activity uncovered during the subsequent investigation.
All but one of the defendants are currently in custody; Walter Yovany-Gomez remains at large. Those in custody are scheduled to make their initial appearances later today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to the indictment:
The PLS clique was founded in the mid-1990s by Reyes-Villatoro and operated in New Jersey in Union, Somerset and Middlesex counties. Reyes-Villatoro served as “first word,” or leader, of the group until he was arrested in 2009 and charged with attempted murder. The first word is responsible for “greenlighting,” or authorizing, all murders committed by members of the clique.
Reyes-Villatoro relinquished the position to his “second word,” or deputy, Oliva, who held the position until he allegedly murdered a member of MS-13 in February 2010 and fled New Jersey. Contreras then took over. He is implicated in the sexual assault with Oliva of two underage girls.
The indictment charges numerous violent acts committed by PLS members as part of the racketeering conspiracy, some of which targeted members of rival gangs, such as the Latin Kings and the 18th Street gang, and some of which targeted MS-13 members perceived as being disloyal.
Among the charges are four gang-related murders:- Feb. 8, 2009, Julian Moz-Aguilar, a/k/a “Humilde,” allegedly murdered a Latin King (described in the indictment as Victim 5) at Reyes-Villatoro’s instruction;
- Feb. 27, 2010, Oliva and another MS-13 member allegedly murdered a member of MS-13 (Victim 10) who had been previously “greenlighted” by Oliva;
- Nov. 11, 2010, Hugo Palencia, a/k/a “Taliban,” allegedly instructed another MS-13 member to fire a gun at a rival gang member, which resulted in the death of another individual (Victim 11) near a high school in Plainfield, N.J.; and
- May 8, 2011, Cruz Flores, a/k/a “Bruja,” and Walter Yovany-Gomez, a/k/a “Cholo,” allegedly murdered an individual (Victim 15) because they believed the person was associating with the rival 18th Street gang.
“Today, HSI and our law enforcement partners have struck a serious blow to the core of this gang organization,” Andrew McLees, special agent in charge of ICE, Homeland Security Investigations (ICE-HSI) Newark, said. “MS-13 gang members and their associates are serious career criminals who have a callous disregard for human life. HSI is determined to remove the MS-13 menace from New Jersey’s communities.”
“Today’s indictment is the result of a long-term, multi-agency investigation,” Aaron T. Ford, FBI special agent in charge in Newark, said. “Dedicated personnel from agencies at all levels of government worked in unison to combat this dangerous and violent criminal enterprise. This cooperation is, and will continue to be, a critical factor for successfully defending threats that endanger the citizens of New Jersey.”
In 2011, law enforcement arrested a number of PLS members in Plainfield. While detained at the Union County Jail, PLS members plotted to retaliate against those they believed were responsible for their arrest, including witnesses, law enforcement and fellow gang members they suspected were cooperating with the government. PLS members allegedly sought revenge against a Plainfield detective involved in the case by planning to firebomb the residence of the detective’s mother.
Six defendants – Reyes-Villatoro, Oliva, Julian Moz-Aguilar, Hugo Palencia, Cruz Flores, and Walter Yovany-Gomez – are charged with murder in aid of racketeering, which is punishable by a mandatory sentence of life in prison. The charge is a death penalty-eligible offense subject to a decision by the U.S. Attorney General. A complete chart outlining the counts per defendant and maximum potential penalties is attached, as is a chart outlining the overt acts charged in the indictment.
U.S. Attorney Fishman credited special agents of ICE-HSI, under the direction of Special Agent in Charge McLees; and the FBI, under the direction of Special Agent in Charge Ford. Fishman specifically thanked the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Park, for long, close collaboration on the case. He also thanked the Somerset County Prosecutor’s Office, under the direction of Prosecutor Geoffrey D. Soriano; and the Middlesex County Prosecutor’s Office, under the direction of Acting Prosecutor Andrew C. Carey, for their roles. He also acknowledged the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland for their assistance in the ongoing investigation.
The government is represented by Assistant U.S. Attorneys James M. Donnelly and Andrew J. Bruck of the U.S Attorney’s Office Organized Crime/Gangs Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
13-388
Maximum Penalties
U.S. v. Reyes-Villatoro, et al.Count
Charge
Defendants
Maximum Penalty
Racketeering Conspiracy
Reyes-Villatoro, Santos, 40
Oliva, Mario, 26
Contreras, Roberto, 25
Moz-Aguilar, Julian, 26
Palencia, Hugo, 21
Garcia, Jose, 21
Portillo-Fuentes, Ruben, 21
Ramirez, Esau, 22
Mejia, Kelvin, 21
Mejia, Franklin, 22
Orellana-Carranza, Julio, 25Life in prison
(Reyes-Villatoro, Oliva, Moz-Aguilar, Palencia, Flores, and Yovany-Gomez)20 years
2.
(all other defendants)Murder in Aid of Racketeering (Victim 5)
Reyes-Villatoro
Moz-AguilarDeath eligible; mandatory life sentence
3.Use of Firearm in Violent Federal Crime (Victim 5)
Reyes-Villatoro
Moz-AguilarLife in prison; 10-year mandatory minimum
4.Murder Resulting from Federal Firearm Crime (Victim 5)
Reyes-Villatoro
Moz-AguilarDeath eligible
5.Assault with a Dangerous Weapon in Aid of Racketeering (Victim 6, Victim 7)
Reyes-Villatoro
K. Mejia20 years
6.Use of Firearm in Violent Federal Crime (Victim 6, Victim 7)
Reyes-Villatoro
K. Mejia20 years; 10-year mandatory minimum
7.Threat to Commit Sexual Assault (Victim 8, Victim 9)
Oliva
Contreras5 years
8.Murder in Aid of Racketeering (Victim 10)
Oliva
Death eligible; mandatory life sentence
9.Use of Firearm in Violent Federal Crime (Victim 10)
Oliva
Life in prison; 10-year mandatory minimum
10.Murder Resulting from Federal Firearm Crime (Victim 10)
Oliva
Death eligible
11.Accessory After the Fact to Murder in Aid of Racketeering (Victim 10)
Contreras
15 years
12.Murder in Aid of Racketeering (Victim 11)
Palencia
Death eligible; mandatory life sentence
13.Use of Firearm in Violent Federal Crime (Victim 11)
Palencia
Life in prison; 10-year mandatory minimum
14.Murder Resulting from Federal Firearm Crime (Victim 11)
Palencia
Death eligible
15.Murder-for-Hire Conspiracy
Garcia
Palencia10 years
16.Interstate Travel with Intent to Commit Murder-for-Hire
Garcia
10 years
17.Assault with a Dangerous Weapon in Aid of Racketeering (Victim 14)
Garcia
20 years
18.Conspiracy to Commit Murder in Aid of Racketeering (Victim 15)
Flores, Cruz, 27
Yovany-Gomez, Walter, 29
K. Mejia10 years
19.Murder in Aid of Racketeering (Victim 15)
Flores
Yovany-GomezDeath eligible; mandatory life sentence
20.Conspiracy to Commit Murder in Aid of Racketeering
Orellana-Carranza
Garcia
K. Mejia10 years
21.Assault with a Dangerous Weapon in Aid of Racketeering (Victim 18)
Portillo-Fuentes
20 years
22.Assault with a Dangerous Weapon in Aid of Racketeering (Victim 19, Victim 20)
K. Mejia
F. Mejia20 years
23.Use of Firearm in Violent Federal Crime (Victim 19, Victim 20)
K. Mejia
F. MejiaLife in prison; 10-year mandatory minimum
24.Conspiracy to Distribute Cocaine
K. Mejia
F. Mejia20 years
25.Conspiracy to Commit Murder in Aid of Racketeering (Victim 22)
K. Mejia
F. Mejia10 years
26.Conspiracy to Commit Murder in Aid of Racketeering (Victim 16, Victim 22, Victim 23)
Romero-Aguirre, Jose, 26
Orellana-Carranza
Garcia
Portillo-Fuentes
Ramirez
K. Mejia
F. Mejia10 years
The maximum fine upon conviction of Count 24 is $1 million. For each of the other counts, the maximum fine upon conviction is $250,000.
Overview of Overt Acts
U.S. v. Reyes-Villatoro, et al.Overt Acts
Counts
(if also charged separately from Count 1)Date
Act
a-b
Before November 2009
Reyes-Villatoro becomes First Word; Oliva becomes Second Word
c
From December 2008 through November 2009
Reyes-Villatoro orders collection of “rent” from inactive gang members
d
Dec. 5, 2008
Palencia, Kelvin Mejia, and other MS-13 members shoot at Latin Kings
e-f
Jan. 25, 2009
Reyes-Villatoro orders unidentified MS-13 member to shoot at two members of Latin Kings
g-i
2-4
Feb. 8, 2009
Reyes-Villatoro orders Moz-Aguilar to murder Victim #5 (Christian Tigsi)
j-l
5-6
Oct. 31, 2009
Reyes-Villatoro drives Kelvin Mejia to house in North Plainfield, where Mejia fires at rival gang members
m-n
After Oct. 31, 2009, but before Feb. 27, 2010
Oliva becomes First Word; Contreras becomes Second Word
o
After Oct. 31, 2009, but before Feb. 27, 2010
Oliva orders collection of “rent” from inactive gang members
p-q
7
After Oct. 31, 2009, but before Feb. 27, 2010
Oliva and Contreras sexually assault two teenage girls to establish their dominance in gang
r-v
8-11
Feb. 27, 2010 and after
Oliva and one of his soldiers shoots and kills Victim #10 (Jessica Montoya). Contreras helps both perpetrators relocate to Maryland afterwards
w
After Feb. 27, 2010
Contreras becomes First Word
x
After Feb. 27, 2010
Contreras orders “greenlighting” of MS-13 member believed to be cooperating in investigation of Jessica Montoya’s murder. (Individual is not killed.)
y
After Feb. 27, 2010
Contreras orders collection of “rent” from inactive gang members
z
Oct. 31, 2010
Unidentified MS-13 members evade law enforcement by hiding in a Plainfield apartment (which is later the scene of the murder in Overt Act mm)
aa-cc
12-14
Nov. 10-11, 2010
Palencia orders unidentified MS-13 member to shoot teenager as he walks home from school with a group of other kids. MS-13 member shoots at group, kills another kid in the crowd, Victim #11 (Spencer Cadogan)
dd-ee gg
15-16
December 2010 through
Jan. 10, 2011Garcia recruits MS-13 members in the Washington, D.C., area to travel to New Jersey to participate in a murder-for-hire.
ff
Jan. 9, 2011
Unidentified MS-13 members murder Victim #12 (Andres Chach) in front of Pueblo Viejo (Note: this murder is not charged substantively)
hh
After Jan. 10, 2011, but before Jan. 31, 2011
Contreras passes information to Palencia about the murder of Victim #12
ii
May 7, 2011
Portillo shoots Victim #13 in Plainfield, using the same gun that was used four months earlier to kill Victim #12
jj-kk
17
May 8, 2011
Garcia assaults Victim #14
ll
May 2011
MS-13 assigns killing “missions” to certain members of the gang
mm-nn
18-19
May 8, 2011 and after
Flores and Yovany-Gomez murder Victim #15 (Julio Matute-Amaya); Mejia helps Yovany-Gomez flee New Jersey
oo-pp
May 11, 2011
Portillo, Moz-Aguilar, and Ramirez conspire to threaten and collect “rent” from inactive member of MS-13
qq
June 4, 2011
Franklin Mejia attacks Victim #17, who is supposedly associating with 18th Street gang
rr-tt
20
June 11, 2011
Orellana-Carranza seeks to complete his “mission”; conspires with Garcia and Kelvin Mejia
uu
21
June 15, 2011
Portillo attacks Victim #18 with machete
vv
22-23
June 15, 2011
Kelvin Mejia and Franklin Mejia rob two victims in Green Brook Park in Plainfield
ww
June 24, 2011
Orellana-Carranza, Ramirez, and Franklin Mejia plot to kill owner of underground liquor store
xx
June 28, 2011
Kelvin Mejia and Franklin Mejia threaten to kill individual they believe is cooperating with law enforcement
yy-zz
24
June 30, 2011 through July 2, 2011
Kelvin Mejia and Franklin Mejia arrange cocaine sales
aaa-ddd
25
July 2, 2011
Kelvin Mejia and Franklin Mejia plot to kill Victim #22 after he tries to protect Victim #17 (see Overt Act qq)
eee
July 4, 2011
Garcia and Kelvin Mejia plot to rob owner of underground liquor store to raise bail money
fff
July 2011
Franklin Mejia and Ramirez plot to kill Plainfield detective
ggg
26
July – August 2011
Kelvin Mejia, Franklin Mejia, Garcia, Ramirez and Orellana-Carranza plot to kill witnesses from inside Union County Jail
hhh-jjj
26
Aug. 1-2, 2011
Ramirez calls Romero-Aguirre from inside Union County Jail to plan witness retaliation plots
Reyes-Villatoro, Santos et al. Indictment
Moldovan Citizen Indicted for Internet FraudRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a one-count indictment charging Vasile Leu, 33, of the Country of Moldova, with wire fraud conspiracy. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the indictment, the defendant, a citizen of Moldova, participated in a scheme to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via web sites such as eBay, autotrader.com, and autotraderclassics.com. Potential buyers would respond by e-mail to the advertisements and be contacted by individuals identifying themselves as the listed sellers of the vehicles. Correspondence would occur between the two parties with descriptions of the vehicles, negotiations of the purchase price, shipping information, and purchase information.
Once an agreement was reached for the purchase of the vehicles, the buyers would be instructed to utilize a third party, such as Google Wallet, to conduct the transaction. These third-party web sites (bogus and unrelated to legitimate third party web sites) were made to look legitimate. Once the buyers signed up for the web sites, they were told that funds sent for the purchase of the vehicles would be secured by the third party while arrangements were made for the vehicles to be shipped. Buyers were also told that the money could not be accessed by the sellers unless instructed by the buyers, and that the buyers would have a five-day inspection period upon vehicle delivery.
The buyers then received an email (purporting to be from the third-party web sites, such as eBay Motors and Google Wallet), directing them to send a wire transfer for the purchase price, plus shipping costs, to bank accounts that were opened by the defendant and a co-conspirator in Rochester, Wisconsin and California using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, the defendant would wire transfer the proceeds overseas, primarily to bank accounts in Ukraine, or withdraw the proceeds. The buyers never received any of the vehicles offered for sale as part of the scheme. Eight individuals from other states and Canada were victimized.
"This marks the second case this week involving deals that were simply too good to be true," said U.S. Attorney Hochul. "It is extremely important before purchasing any product over the internet that consumers do their homework and know exactly who it is they are doing business with. If you have any questions, consult the Better Business Bureau or visit www.stopfraud.gov."
The indictment is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Minister and Former Bail Bondsman Sentenced to Prison for Tax FraudRead the Press Release
Kenneth L. Richardson, 50, of Nashville, Tennessee, was sentenced on September 23, 2013, to 6 months in prison and ordered to pay $269,391.96 in restitution to the IRS for filing a false federal income tax return for tax year 2004 and for willfully failing to file a federal income tax return for tax year 2005, announced David Rivera, Acting U.S. Attorney for the Middle District of Tennessee. Richardson was also sentenced to six months of home confinement to be served during one year of supervised release following the term of imprisonment.
At sentencing, the Court noted the seriousness of the offenses but cited mitigating factors in support of its decision.
Richardson pleaded guilty in September, 2012, pursuant to a plea agreement. According to the plea agreement, Richardson owned and operated Skyy Bonding Company in Nashville, Tennessee and was also employed as a pastor at St. Marks Church in Nashville. He received income from his bail bonding business and from his employment as a pastor during the tax years 2004 through 2007.
Richardson and his wife earned at least $248,174 in adjusted gross income during tax year 2004. In November 2005 Richardson filed a false Form 1040, indicating that their adjusted gross income for tax year 2004 was only $52,714.
During tax year 2005, the Richardson’s earned at least $291,174 in adjusted gross income and were therefore required to file a federal income tax return for that tax year. Richardson, however, willfully failed to file a return during the time required by law.
The case was investigated by the Internal Revenue Service- Criminal Investigation. The United States was represented by Assistant U.S. Attorney Kathryn B. Ward.
Merritt Island Man Sentenced to 10 Years in Prison for Online Enticement of A MinorRead the Press Release
Orlando, Florida, - U.S. District Judge Charlene Edwards Honeywell today sentenced Jason G. Aman (30, Merritt Island) to 10 years in federal prison for online enticement of a minor to travel to engage in sexual activity. The court also ordered Aman to serve a 5-year term of supervised release and to register as a sex offender, upon his release from prison. Aman pleaded guilty on June 3, 2013.
According to court documents, on November 10, 2012, Aman initiated contact in an Internet chat room with an undercover agent whom he believed to be a “14-year-old girl.” On the same day, he chatted using graphic and explicit sexual language expressing his desire to engage in sexual activity with the girl whom he acknowledged was 14 years old. Aman instructed the “14-year-old” to wear certain clothing and arranged to meet with her in Brevard County. When he arrived at the arranged location, Aman encountered undercover agents and was arrested.
This case was investigated by the Brevard County Sheriff’s Office (BCSO) and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was prosecuted by Special Assistant United States Attorney Myrna Amelia Mesa.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
McLaughlin Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 23, 2013, by U.S. District Judge Roberto A. Lange.
Ryan Soft, age 22, was sentenced to 12 months in custody, 2 years of supervised release, $15,026.55 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Soft was indicted by a federal grand jury on March 13, 2013, and pled guilty to Assault with a Dangerous Weapon on July 9, 2013.
The conviction stems from an incident that began on the evening of February 25, 2013, and went into the early morning hours of February 26, 2013. Soft was drinking and socializing with some friends and the victim at the friends’ house in McLaughlin. Soft and another person got into a fight, and when Soft knocked the person to the ground, the victim intervened and began pushing/punching Soft in an effort to break up the fight. Eventually, Soft was sitting down in the corner of the room. The victim then took a couple of steps back, and Soft got to his feet, pulled a knife from his pocket and stabbed the victim in the stomach. The victim fell to the floor and then retreated to the kitchen.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Jay Miller prosecuted the case.
Soft was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.McLaughlin Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Lehi James Demarrias, Sr., age 31, of McLaughlin, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 23, 2013, and pled guilty to Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The conviction stems from an incident that happened in McLaughlin on July 17, 2013, when Standing Rock Agency Dispatch received a call regarding a male who had been stabbed in the stomach. Bureau of Indian Affairs police officers arrived on the scene and were informed by the victim that he had been stabbed by Demarrias. As a result of the assault, the victim had to undergo emergency surgery at a hospital in Bismarck, North Dakota, due to the possibility of a ruptured organ.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Demarrias was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for December 30, 2013.Margate City Commissioner Convicted of Federal Bribery ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that David McLean, 50, a suspended City Commissioner for the city of Margate and board member on the Margate Community Redevelopment Agency (MCRA) Board was convicted by a Ft. Lauderdale federal jury on September 24, 2013, of federal bribery charges. McLean was convicted on counts two and three of a three-count indictment charging him with bribery in a program receiving federal funds, in violation of Title 18, United States Code, Section 666. McLean was acquitted of the charges in Count one.
According to the allegations in the indictment and the evidence presented at trial, on November 2, 2012, McLean accepted $3,000 in cash in exchange for his influence in connection with a $25,000 MCRA construction grant (Count 2). And on January 30, 2013, McLean accepted another $2,000 in cash in exchange for his influence in connection with the $25,000 MCRA construction grant.
The defendant faces a maximum statutory term of 10 years in prison, a $250,000 fine and restitution as to each of the two counts. Sentencing is scheduled for December 6, 2013, before U.S. District Judge James Cohn in Ft. Lauderdale.
Mr. Ferrer commended the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Neil Karadbil.
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.
Manhattan U.S. Attorney Announces Charges Against Hudson County Corrections Officer and Other Alleged Members of an Armed Robbery Crew That Impersonated Police OfficersRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Brian R. Crowell, the Special-Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), Aaron Ford, the Special-Agent-in-Charge of the Newark Office of the Federal Bureau of Investigation (“FBI”), Raymond W. Kelly, the Commissioner of the New York City Police Department (“NYPD”), Joseph A. D’Amico, the Superintendent of the New York State Police (“NYSP”), and Gaetano T. Gregory, the Acting Prosecutor of Hudson County, today announced the filing of a Superseding Indictment (the “S2 Indictment”)in Manhattan federal court charging BENNY LISOJO and WILFREDO SUAREZ, two additional alleged members of an armed robbery crew who impersonated police officers, with robbery conspiracy and firearms offenses. LISOJO is a Hudson County Corrections Officer. A third defendant named in the S2 Indictment, ANTHONY SERRANO, was arrested on August 1, 2013. LISOJO and SUAREZ were taken into custody today and will be presented this afternoon before Magistrate Judge Debra Freeman.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, these defendants committed armed robberies while pretending to be police officers. In doing so, as charged, the defendants – one of whom sadly was a law enforcement officer -- both endangered the public and added to the workload of the real police. This Office and our partners will continue our efforts to pursue and prosecute those who perpetrate alleged violent crime.”
DEA Special-Agent-in-Charge Brian R. Crowell said: “This nine month investigation has culminated in the announcement of three additional arrests of a home invasion crew that posed as police officers, carrying loaded weapons and committing robberies in New York and New Jersey. One crew member did not have to pretend he was a police officer – because Benny Lisojo was a Hudson County Corrections Officer while committing these alleged crimes. Law enforcement efforts on all levels, have successfully identified, investigated and arrested twenty members of this brutal crew to rid the streets of this public menace.”
FBI Special-Agent-in-Charge Aaron Ford said: “These alleged actions are an erosion of the public's ability to trust the law enforcement personnel who have taken oath to protect against such egregious, criminal activity. The FBI will continue to support this ongoing investigation, so the members of the public can continue to trust in the vast majority of law enforcement officials who respect their oath and are committed to public service.”
NYPD Commissioner Raymond W. Kelly said: “These brazen criminals were allegedly responsible for multiple violent crimes including car jackings and robberies at gunpoint. I commend the members of the New York Drug Enforcement Task Force, including NYPD detectives, and the prosecutors in the U.S. Attorney's office for their work in bringing to justice these violent robbers who even posed as law enforcement in the commission of their crimes.”
NYSP Superintendent Joseph A. D’Amico said: “Once again the hard work of law enforcement partners working together has resulted in getting allegedly dangerous individuals off of our streets. Not only did these suspects allegedly commit these violent acts, but they posed as law enforcement, making traffic stops to pull off their robberies. The alleged actions of these crews will never be tolerated, especially those impersonating officers. I commend and thank the U.S. Attorney's Office, the Drug Enforcement Administration, the Federal Bureau of Investigation, the New York City Police Department and Hudson County Prosecutor's Office for their continued partnerships.”
According to the allegations contained in the Superseding Indictment unsealed today:
On October 14, 2012, SERRANO and other co-conspirators, while pretending to be police officers, stopped two victims who were traveling in a vehicle in New York, New York, and robbed the victims at gunpoint.
On November 22, 2012, LISOJO and SUAREZ and other co-conspirators, while pretending to be police officers, stopped five victims who were traveling in a vehicle in New Jersey after departing from New York, New York, restrained four of the victims, and robbed them at gunpoint.
SERRANO, 39, of Jersey City, New Jersey, LISOJO, 31, of Newark, New Jersey, and SUAREZ, 31, of Jersey City, New Jersey, are each charged with one count of robbery conspiracy, and one count of brandishing a firearm in connection with a robbery conspiracy. They each face up to 20 years in prison on the robbery charge and life in prison on the firearms charge.
The arrests and charges are part of an ongoing investigation of an armed robbery crew that impersonated police officers and targeted individuals believed to be engaged in narcotics trafficking and/or engaged in businesses that affected interstate and international commerce. Seventeen other members of the same robbery crew were arrested in January 2013, in possession of, among other things: six loaded guns, shirts bearing the word “Police,” a hydraulic ram similar to those used by law enforcement to break down doors, handcuffs, walkie talkies, a purported law enforcement shield, a baseball bat, ski masks, and GPS units similar to those used by law enforcement to track suspects. Sixteen of these 17 defendants have pleaded guilty.
Mr. Bharara praised the DEA, the FBI, the NYPD, the NYSP, and the Hudson County Prosecutor’s Office for their work in the investigation.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant United States Attorneys Rachel Maimin and Rahul Mukhi are in charge of the prosecution.
The charges contained in the S2 Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Local Woman Pleads Guilty to Fraud ChargesRead the Press Release
St. Louis, MO – THERESA MOORE admitted that she employed various aliases and claimed to be with law enforcement and the legal profession to induce victims to pay her money by convincing them that she could assist them with various legal matters. Moore contacted her victims by telephone and made false representations about non-existent legal matters.
According to court documents, in July 2009, Moore met an elderly widower through a telephone dating service. Soon after making the acquaintance, Moore, and her associates, using various aliases, began contacting him by telephone to inform him he was a victim of identity theft. Moore intentionally deceived him into believing that he was entitled to restitution and that he had to pay money up front in order to collect the restitution payment. At other times, Moore intentionally deceived him into believing that he would be receiving money as part of a legal settlement, but that he had to pay money up front in order to collect the settlement. In reliance on Moore's false representations, over the course of about three years, the man made numerous payments to Moore. The Government believes the man paid Moore in excess of $60,000.
In May 2011, Moore and one of her associates contacted victim J.N. by telephone and told J.N. that there were several warrants out for the arrest of J.N.'s adult daughter, P.N., who had developmental learning disabilities. Moore stated to J.N. that Moore had paid fines on behalf of P.N. and needed to be reimbursed, when in fact, Moore was not aware of any such arrest warrants and had made no such payments. Moore enlisted an associate who posed as a police detective in order to lend credibility to her scheme. The Government believes J.N. paid Moore in excess of $20,000 as a result of the fraud scheme.
Theresa Moore, St. Louis, Missouri, pled guilty to four felony counts of wire fraud before United States District Judge John A. Ross. Sentencing has been set for January 9, 2014.
Each count of 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.
This case was investigated by the United States Postal Inspection Service, the Hazelwood Police Department, the Clayton Police Department, The St. Louis County Police Department and the Missouri Attorney General’s Office. Assistant United States Attorney Reginald Harris is handling the case for the U.S. Attorney’s Office.
Local Man Pleads Guilty to Wire Fraud ChargesRead the Press Release
St. Louis, MO – SEAN HOLLAND pled guilty to a wire fraud scheme whereby he embezzled money from a condominium association for which he served as bookkeeper.
According to the plea agreement, Holland worked as a bookkeeper for Maryland House Condominium in St. Louis between 2008 and 2010. He made unauthorized electronic transfers of funds to his personal bank account and concealed the transfers from the management of the association. The government contends that more than $70,000 was diverted in this way.
Sean Holland, St. Louis, Missouri, appeared before U.S. District Judge Catherine D. Perry who set sentencing for December 19, 2013.
Holland faces up to 20 years imprisonment, a fine of $250,000 or both. Restitution for the benefit of the association is also mandatory.
The case was investigated by the St. Louis Metropolitan Police Department, the U.S. Secret Service and the St. Louis Circuit Attorney’s Office. Assistant United States Attorney Tom Albus handled the case for the U.S. Attorney’s Office.
Levi Anthony Labuff, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 25, 2013, before Chief U.S. District Judge Dana L. Christensen, LEVI ANTHONY LABUFF, JR., a 36-year-old resident of Browning, was sentenced to a term of:
Prison: 60 months
Special Assessment: $ 100
Supervised Release: 5 years
LABUFF was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 23, 2012, LABUFF and Wilma Jamie Rae Hoyt were arrested in Browning. LABUFF was arrested because he had a state warrant out for his arrest. Hoyt was arrested for a federal warrant because she had violated conditions of her supervised release. At the time of the arrest, law enforcement collected $600 in U.S. currency from LABUFF. The money was claimed to be from LABUFF's "tax return."
When interviewed, Hoyt stated that she first became romantically involved with LABUFF in approximately 2009 or 2010. Both LABUFF and Hoyt were initially "clean," but LABUFF lost his job, and they were in need of money to maintain their household and take care of their children. Hoyt stated that this is when they began selling methamphetamine for income.
In approximately February or March of 2011, Hoyt admitted that individuals approached her and LABUFF, requesting that they sell methamphetamine. LABUFF and Hoyt complied with such a request, and this relationship lasted until January of 2012. LABUFF and Hoyt would receive three grams of methamphetamine at a time. Hoyt estimated that she received methamphetamine, to sell, every week, and the longest without receiving drugs was three weeks.
Hoyt explained that, after selling for awhile, she met another methamphetamine dealer, who provided her and LABUFF with a higher-quality methamphetamine. This new dealer initially provided them with a "weighed out gram" of methamphetamine, which they would break down and sell. However, as the relationship grew, so did the amounts that the new distributor provided. For example, the new distributor eventually provided Hoyt and LABUFF with a "weighed out eight ball." In total, Hoyt stated that the new distributor provided them a "weighed out gram" on six occasions and a "weighed out eight ball" on three occasions.
Law enforcement interviewed LABUFF the day after interviewing Hoyt. LABUFF also admitted that he began selling methamphetamine, and stated that such sales began in late December 2010 and continued until approximately June 2011. LABUFF provided specifics as to amounts sold and prices paid to the distributors.
The FBI interviewed various "customers" of Hoyt and LABUFF. These individuals confirmed that Hoyt and LABUFF sold methamphetamine, and the amounts of the conspiracy involved more than 50 grams of a substance containing a detectable amount of methamphetamine.
Hoyt pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LABUFF will likely serve all of the time imposed by the court. In the federal system, LABUFF does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Leland Neil Lapier, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, LELAND NEIL LAPIER, JR., a 28-year-old resident of Great Falls, was sentenced to a term of:
Prison: 168 months
Special Assessment: $200
Supervised Release: 5 years
LAPIER was sentenced after a federal district court trial in which he was found guilty of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In January 2012, Great Falls law enforcement became alerted to a large scale methamphetamine conspiracy. Subsequently, Louis Kanyid, Joelle Jones, Ann Wetzel, Joe Wetzel, Mark Kness, Linda Reynolds, Robert Boucher, Ron Leeson, Tammie Lapie, and Mark Abresch have pleaded guilty to various methamphetamine crimes. Through independent investigation, as well as through debriefs of these defendants, law enforcement learned that LAPIER was also an active participant in this conspiracy and responsible for the distribution of methamphetamine throughout Great Falls.
From September 2011, through September 2012, Louis Kanyid brought pounds of actual (pure) methamphetamine from Kennewick, Washington, to Great Falls. Kanyid spoke with law enforcement and said one of his original contacts in Great Falls was LAPIER's sister. Kanyid met her through Craig's List, and she began to purchase and sell methamphetamine provided by Kanyid. Eventually, though, LAPIER took over her position. Kanyid found the methamphetamine market in Great Falls to be extremely profitable, and from April 2012, and forward, he never brought less than a pound of methamphetamine with him on each trip to Great Falls.
Kanyid regularly provided LAPIER with half of the methamphetamine that he brought to town. LAPIER lived with his girlfriend in Great Falls and he conducted his methamphetamine business from the garage. Customers met LAPIER and Kanyid in the garage so that neighbors would not witness the drug transactions. Kanyid paid his methamphetamine supplier $1,200 per ounce and never sold an ounce of methamphetamine in Great Falls for less than $2,000. Kanyid claimed an ounce of methamphetamine could actually be bought for $3,200 in Great Falls. At one point, Kanyid and LAPIER engaged in a contest to see how much methamphetamine each could sell in one day in Great Falls. According to Kanyid, himself and LAPIER made $6,000 each in one day.
In August 2012, Kanyid sold five pounds of methamphetamine in Great Falls, including two pounds directly to LAPIER. Law enforcement eventually seized approximately 38 grams of pure methamphetamine from Kanyid's hotel room.
Law enforcement also arrested Kanyid's girlfriend, Joelle Jones, for her involvement in this methamphetamine conspiracy. Jones later told agents that Kanyid spent a great amount of time with LAPIER. In fact, when police arrested Kanyid, LAPIER immediately called Jones to warn her of the arrest. Jones later took a taxi to LAPIER's house that night and LAPIER's girlfriend provided Jones with a car to drive back to Washington. Jones returned to Great Falls again a week later to meet with LAPIER. After Kanyid's arrest, LAPIER encouraged Jones to bring methamphetamine to him in Great Falls.
After a grand jury indicted Kanyid, Jones, Ann Wetzel, Joe Wetzel, Mark Kness, and Linda Reynolds, LAPIER turned elsewhere to buy methamphetamine. Following the initial indictment and arrests, LAPIER then turned to Robert Boucher in order to purchase methamphetamine.
Boucher was from Spokane, Washington, and began selling methamphetamine in December 2009. He originally made contact with Great Falls methamphetamine dealers through a female Great Falls resident, who traveled to Spokane to purchase methamphetamine. Mark Abresch also accompanied this woman on trips to Spokane. After approximately six months, Boucher began to travel to Great Falls to sell methamphetamine. He normally brought six to eight ounces of methamphetamine on each trip. Boucher stayed at Tammy Lapie's home, and became associated with selling methamphetamine with Lapie, Abresch, and Ron Leeson. Boucher also told agents that he met LAPIER in Great Falls. Boucher regularly sold LAPIER two ounces of methamphetamine at a time, and did that approximately three or four times. LAPIER paid $1,700 per ounce, and last bought methamphetamine from Boucher about one week before Boucher's arrest in December 2012.
Tammy Lapie told agents that LAPIER began to come to her home in October 2012. LAPIER began to look for larger amounts of methamphetamine and turned to Boucher for methamphetamine. Lapie believed LAPIER purchased one ounce of methamphetamine from Boucher on one occasion, and between one to four ounces of methamphetamine on another occasion. Law enforcement seized approximately 44 grams of actual methamphetamine from Lapie's home. Chris Leeson also told agents that people knew that Kanyid was LAPIER's original source of methamphetamine. Leeson once traded a car speaker to LAPIER for an eight ball of methamphetamine.
Mark Abresch originally worked as a confidential informant with the Great Falls Police Department before being dropped as an informant due to continued drug dealing. During the summer of 2012, Abresch bought approximately 60 grams of actual methamphetamine from Boucher through controlled drug buys. Abresch alerted agents in July 2012, that LAPIER always had methamphetamine in Great Falls. Abresch did not purchase methamphetamine from LAPIER because he charged $2,000 per ounce.
In September 2012, Abresch told agents that he had hung out at LAPIER's house on numerous occasions and saw LAPIER with large amounts of methamphetamine. In the spring of 2012, Abresch saw LAPIER with four to six ounces of methamphetamine. Abresch then saw numerous customers purchase the methamphetamine. During mid-summer 2012, Abresch observed Kanyid drop off a half pound of methamphetamine to LAPIER in LAPIER's garage. LAPIER again started distributing the methamphetamine from the garage. Lastly, in August or early September 2012, Abresch observed LAPIER sell four ounces of methamphetamine from his garage.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAPIER will likely serve all of the time imposed by the court. In the federal system, LAPIER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force - Russell Country Drug Task Force.
Leader of International Sex Trafficking Organization Plead GuiltyRead the Press Release
All 23 defendants in custody have now pled guilty arising out of
Human/Sex Trafficking Investigation Dark NightSAVANNAH, GA - Joaquin Mendez-Hernandez, a/k/a, El Flaco, 35, formerly of Mexico, pled guilty last week before Senior United States District Court Judge B. Avant Edenfield for his role in a sex trafficking organization which operated in Savannah, Georgia, parts of Florida, South Carolina and North Carolina, and in Mexico. El Flaco faces a possible life sentence for his role in the sex trafficking organization.
Each of the 23 defendants that were charged earlier this year in an operation dubbed “Dark Night” have pled guilty. 2 additional defendants, Eugenio Prieto-Hernandez and Daniel Ribon-Gonzalez, remain fugitives. Operation Dark Night represents the largest sex-trafficking investigation ever prosecuted in the Southern District of Georgia.
According to evidence presented during numerous guilty pleas, local and federal law enforcement agencies identified and dismantled an international sex trafficking enterprise that spread from Mexico to Savannah, Georgia. Members of the organization enticed women from Mexico, Nicaragua and elsewhere to travel to the United States with false promises of the American dream. Once inside the United States, these women were threatened and forced to commit acts of prostitution at numerous locations in Savannah and throughout the southeast. Women were forced to engage in sexual activity with as many as 30-50 people a day. To make sure the women complied, members of the organization threatened the women; used violence against the women; and held children hostage in Mexico. Members of the organization would also trade their victims to other members who operated in other states.United States Attorney Edward Tarver states, “It is with great pride that I announce the convictions of all of the defendants who were indicted and arrested in connection with ‘Operation Dark Night.’ This case serves as an example of how local and federal law enforcement can work together to rescue women, save lives, and prosecute criminals. In this case, justice was swift; and we expect the punishment to be severe.”
“The conviction of the monsters arrested in this heinous sex trafficking scheme marks the end of a life of misery inflicted on these innocent victims of human trafficking. The perpetrators, ranging from street-level customers to international sex traffickers, will be held accountable for their repeated victimization and exploitation of these vulnerable women,” said Brock D. Nicholson, special agent in charge of Homeland Security Investigations (HSI) Atlanta. “We are deeply gratified by the significant support we received from our law enforcement partners, non-governmental service organizations and the U.S. Attorney’s Office for the Southern District Georgia for bringing Operation Dark Night to a successful conclusion.”
The 23 defendants who pled guilty in Operation Dark Night are:
Joaquin Mendez-Hernandez, a/k/a, “El Flaco,” 35, Savannah, Georgia
Juan Carlos Pena, 55, Bonaire, Georgia
Luisa Capilla-Lancho, a/k/a “Marisol” 32, Savannah, Georgia
Jorge Lira-Xochicale, a/k/a “Roger,” a/k/a “Juan De Dios,” a/k/a “Juan Diablo,” 35, Atlanta, Georgia
Mayer Sanchez-Calderon, a/k/a “Maye,” 22, Charlotte, North Carolina
Claudio Sanchez-Calderon, a/k/a “Borrego,” 43, Charlotte, North Carolina
Omar Peralta-Rodriguez, a/k/a “Erick Peralta,” a/k/a “El Negro,” 42, Baxley, Georgia
Neurby Celenia Diaz, a/k/a “Dona Rosa,” 48, Baxley, Georgia
Antonio Ubaldo Mendez-Lopez, 46, Naples, Florida
Cesar Aguilar-Rebollar, a/k/a “Cesar Nicholas Jaime,” 44, Tampa, Florida
Sylvia Barrera, 30, Warner Robbins, Georgia
David Reyes, 29, Savannah, Georgia
Antonio Ramirez-Catalan, a/k/a “Joel,” 30, Monroe, North Carolina
Jose Ricardo Vazquez-Garcia, 39, W. Columbia, South Carolina
Marisol Ferreriras, 38, Marietta, Georgia
Paresh Patel, 55, Savannah, Georgia
Sergio Valazquez Martinez, 35, Savannah, Georgia
Fernando Pelayo Silverio, 27, Savannah, Georgia
Arturo Salquil- Gomez, 41, Savannah, Georgia
Jose Hernandez-Trujillo, 29, Savannah, Georgia
Silvstre Aguilar Sayago, a/k/a “Chucky,” 27, Savannah, Georgia
Rodolfo Hernandez Guiterrez, 44, Savannah, Georgia
Alex Martinez Monzon, 36, Savannah, Georgia
Many of these defendants are awaiting sentencing.
12 victims were rescued as a part of Operation Dark Night. HSI provides relief to victims of human trafficking by allowing for their continued presence in the United States during criminal proceedings. Victims may also qualify for a T visa, which is issued to victims of human trafficking who have complied with reasonable requests for assistance in investigations and prosecutions. Anyone who suspects instances of human trafficking is encouraged to call the HSI tip line at 1-866-DHS-2-ICE (866-347-2423) or the Human Trafficking Hotline at 1-888-373-7888. Anonymous calls are welcome.
Operation Dark Night was led by HSI, with assistance from the FBI; the ATF; U.S. Customs and Border Protection (CBP); CBP Air and Marine Operations; IRS-Criminal Investigations; the Savannah-Chatham Metropolitan Police Department; the Chatham County Sheriffs Office; the Garden City Police Department; and, the Chatham County Counter Narcotics Team. Assistant United States Attorney Tania D. Groover and E. Greg Gilluly, Jr. are prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Kansas City Man Charged in Robbery, Shooting at Leawood McDonald'sRead the Press Release
KANSAS CITY, KAN. - A Kansas City, Mo., man has been indicted on federal charges in connection with a robbery in Leawood in which a restaurant manager was shot, U.S. Attorney Barry Grissom said today.
Nicholas Martell McGinnie, 26, Kansas City, Mo., is charged with one count of armed robbery, one count of discharging a firearm during the robbery and one count of unlawful possession of a firearm after a felony conviction.
The indictment alleges that on Dec. 1, 2012, he robbed the McDonald’s restaurant at 4600 W. 119th Street in Leawood, Kan. During the robbery, a store manager was shot.
If convicted, McGinnie faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge; a penalty of not less than 25 years and a fine up to $250,000 on the charge of discharging a firearm during the robbery and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.OTHER INDICTMENTS
Rafael Penaloza, 38, Kansas City, Kan., is charged with one count of conspiracy to distribute methamphetamine and 13 counts of distributing methamphetamine. The crimes are alleged to have occurred at various times from June 21, 2011, to March 20, 2012, in Kansas City, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million on the conspiracy count; not less than five years and not more than 40 years and a fine up to $5 million on two of the distribution counts; and not less than 10 years and a fine up to $10 million on each of the other distribution counts.The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Carrie Anne Neel, 36, Newton, Kan., and Karen A. Parks, 50, Newton, Kan., are charged with four counts of distributing methamphetamine and one count of maintaining a residence at 801 E. 4th in Newton in furtherance of drug trafficking. The crimes are alleged to have occurred in February and March 2013 in Harvey County, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on each of the distribution counts and a maximum penalty of 20 years and a fine up to $500,000 on the charge of maintaining a residence in furtherance of drug trafficking. The Newton Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jason Giesy, 29, and Jeremy Harris, 31, are charged with one count of conspiracy to distribute more than 1,000 kilograms of marijuana. In addition, they are charged with one count of tampering with a witness. The crimes are alleged to have occurred in September 2013 in Sedgwick County, Kan.
If convicted, they face a penalty of not less than 10 years on the marijuana charge. The Drug Enforcement Administration, the Wichita Police Department, the Sedgwick County Sheriff’s Office and the Butler County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
John Michael Devosha, 23, is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Dec. 11, 2012, and May 18, 2013, in Kansas City, 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. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Adan Rodriguez-Torres, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Sept. 16, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Hilda Jaimes-Nieto, 46, a citizen of Mexico, is charged with one count of making false statements to an agent of the Department of Homeland Security.
If convicted, she faces a maximum penalty of five years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Justice Department and Federal Trade Commission Issue Updated Model Waiver of Confidentiality for International Civil Matters and Accompanying FAQRead the Press Release
WASHINGTON—The Department of Justice’s Antitrust Division and the staff of the Federal Trade Commission (FTC) today issued a joint model waiver of confidentiality (74.63 KB) for individuals and companies to use in merger and civil non-merger matters involving concurrent review by the DOJ or FTC and non-U.S. competition authorities.
A waiver provides the terms on which an individual or company agrees to waive statutory confidentiality protections to the agency that originally received the company’s confidential information. The model waiver is designed to streamline the waiver process to significantly reduce the burden on individuals and companies, as well as to reduce the agencies’ time and resources involved in negotiating waivers.
The model waiver updates and replaces the agencies’ prior forms. It reflects both agencies’ recent experience with waivers, incorporating updated language and provisions, including a provision addressing the agencies’ treatment of privileged information.
A waiver of confidentiality is voluntarily provided by an individual or company involved in a civil matter. A waiver describes an agency’s policy regarding its treatment of information received from another competition agency under a waiver, although it is not an agreement signed by the agency. A waiver allows for the sharing of confidential information only among the competition agencies listed in the waiver.
Waivers enable more complete communication, cooperation and coordination between competition agencies concurrently investigating a matter. By permitting cooperating agencies to discuss or otherwise exchange the individual’s or company’s confidential information, a waiver enables agencies to make more informed, consistent decisions and coordinate more effectively, often expediting the review.
To promote greater transparency and better understanding of the DOJ’s and FTC’s policies and practices related to waivers, DOJ and staff of the FTC also released a Frequently Asked Questions (FAQ) document (119.08 KB) to accompany the model waiver. The FAQ provides introductory information on waivers and on the confidentiality rules applicable to the information provided under the model waiver. It also describes the process for providing a waiver to either agency and explains specific provisions of the model waiver. By issuing the model waiver and accompanying FAQ jointly, the Department of Justice and the Federal Trade Commission hope to facilitate parties’ use of waivers generally and, in particular, the model waiver.
Further information about waivers of confidentiality, the model waiver of confidentiality, and FAQ are available at http://www.justice.gov/atr/public/international/index.html and http://www.ftc.gov/oia/waivers/index.shtm.
Justice Department Settles Lawsuit Alleging Religious Discrimination by the City of Birmingham, Ala., Police DepartmentRead the Press Release
The Department of Justice announced today that it has reached a settlement agreement with the City of Birmingham, Ala., that, if approved by the court, will resolve the Department’s complaint alleging religious discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended. The complaint, which was filed simultaneously with the parties’ settlement agreement in the U.S. District Court for the Northern District of Alabama, alleges that the city’s police department discriminated against former employee Renee Gunn on the basis of her religion, Messianic Judaism, by failing to provide her a reasonable accommodation of her religious practice of not working during the Jewish Sabbath, which ultimately forced her to resign from the police department.
Gunn was employed by the city’s police department as a public safety dispatcher from April 2008 until her resignation in August 2011. According to the Department’s complaint, Gunn is a practicing member of the Messianic Jewish faith, which prohibits its adherents from working during the Jewish Sabbath, from sunset on Fridays until sunset on Saturdays. As the Department’s complaint alleges, Ms. Gunn’s work schedule required that she work during the Jewish Sabbath, and she requested a change in her schedule to accommodate her Sabbath observance. According to the complaint, police department officials denied this request stating that it did not change off days for any religious faith. Ms. Gunn was forced to resign her position with the police department due to the city’s failure to provide a reasonable accommodation. As the complaint alleges, the police department could have accommodated Ms. Gunn’s religious beliefs without undue hardship.
Under the terms of the settlement, the city must pay Gunn $80,000 in back pay and compensatory damages, and reinstate her as a dispatcher in the police department with a work schedule that does not require her to work during the Sabbath. The city is also required to develop and implement a religious accommodation policy for the police department that is consistent with Title VII’s requirement for employers to reasonably accommodate the religious beliefs, practices and observances of all employees and prospective employees. In addition, the city is required to provide mandatory training on the religious accommodation policy to all police department employees.
“Employees should not have to choose between practicing their religion and their jobs,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “This case highlights the obligation of an employer to engage in an interactive process to understand and work with an employee in finding an accommodation of the employee’s religious beliefs that will not cause undue hardship to the employer. We commend the City of Birmingham for working cooperatively with the Justice Department to reach this agreement.”
The enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its websites at www.justice.gov/crt/ and www.justice.gov/crt/emp/.
Justice Department Reaches Settlement with Infinity Group to Resolve Immigration-Related Unfair Employment PracticesRead the Press Release
The Justice Department announced today that it has reached an agreement with Infinity Group (IG) and its related entities resolving allegations that the companies violated the anti-discrimination provision of the Immigration and Nationality Act (INA). IG is based in Clute, Texas and provides project-based temporary skilled labor to client companies. IG employs over a thousand individuals in the United States.
The Department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS). The investigation determined that IG entities, which utilized the E-Verify system, required non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and employment authorization while not making similar requests of U.S. citizens. The INA’s anti-discrimination provision prohibits employers from
discriminating against noncitizens in the employment eligibility verification process by demanding more or different documents than U.S. citizens are required to present. After receiving notice of the Office of Special Counsel for Immigration-Related Employment Practices’ (OSC) investigation, IG immediately changed its employment policies and practices to conform to the anti-discrimination provision of the INA.
Under the terms of the settlement agreement, IG will train its human resources personnel on the INA’s anti-discrimination provision; pay $53,800 in civil penalties to the United States; create a $35,000 back pay fund to compensate any individuals who suffered lost wages as a result of its practices; and be subject to monitoring by the department and reporting requirements for a period of two years.
“Employers, including those who use E-Verify, must ensure that their human resources personnel do not violate the anti-discrimination provision of the INA,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “Infinity Group is commended for immediately changing its policies upon notice of OSC’s investigation to address its discriminatory documentary practices.”
OSC is responsible for enforcing the anti-discrimination provision of the INA. The case was handled by OSC Trial Attorney Liza Zamd. For more information about protections against employment discrimination under the immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired), sign up for a free webinar at www.justice.gov/about/osc/webinars.php , email [email protected] or visit the website at www.justice.gov/crt/about/osc .
Justice Department Announces Enhanced Online Resource for U.S. Victims of Overseas TerrorismRead the Press Release
The Justice Department today announced an enhanced online resource designed to support American victims of overseas terrorism. The site, sponsored and maintained by the National Security Division’s Office of Justice for Victims of Overseas Terrorism (OVT), will expand the public’s ability to obtain information about the types of support available to help victims of overseas attacks and their loved ones in the aftermath of acts of international terrorism, including information about programs available to assist victims in connection with foreign criminal justice proceedings. In addition, the website provides greater information about OVT’s establishment and services, for victims and others interested in OVT’s work.
“This enhanced website will serve as an important resource for U.S. victims of overseas terrorism and their loved ones,” said John P. Carlin, Acting Assistant Attorney General for National Security. “The Department remains committed both to seeking justice for Americans victimized by terrorism, whether at home or abroad, and to providing victims the information and support they deserve.”
The Attorney General established the OVT on May 6, 2005. It is now a component of the Justice Department’s National Security Division. The primary purpose of the OVT is to ensure that the investigation and prosecution of terrorist attacks against American citizens overseas remain a high priority within the Department of Justice.
The OVT is responsible for monitoring the investigation and prosecution of terrorist attacks against Americans abroad; working with other pertinent Justice Department components to ensure that the rights of victims of such attacks are honored and respected; establishing a Joint Task Force with the Department of State, to be activated in the event of a terrorist attack in which Americans are harmed; and serving as an information resource to American victims of overseas terrorism including, as appropriate, information about ongoing foreign investigations and prosecutions.
“It is crucially important that any Americans attacked while traveling or living outside of our borders receive the support of our government as they pursue justice in the aftermath of the tragedy of terrorism,” said Heather Cartwright, Director of the Office of Justice for Victims of Overseas Terrorism. “This online resource gathers in one place important information for American victims of overseas terrorism and provides assistance as they seek accountability for these crimes.”
The enhanced online resource will first be made available on the Justice Department’s website at http://www.justice.gov/nsd/ovt.
Jury Convicts Rio Grande City Woman in Marijuana CaseRead the Press Release
McALLEN, Texas – Celia Raquel Zuniga, 45, of Rio Grande City, has been convicted of conspiracy to possess with intent to distribute and possession with intent to distribute marijuana, announced United States Attorney Kenneth Magidson. The McAllen federal jury convicted Zuniga following a two-day trial and approximately two hours of deliberations.
During trial, Starr County sheriff’s deputies testified that on Dec. 6, 2012, they observed three vehicles driving in tandem going east on Expressway 83 near the Starr County and Hidalgo County line. They then observed the middle vehicle change lanes without signaling. Deputies conducted a traffic stop and identified Zuniga as the driver. At that time, deputies noticed a strong odor of marijuana emitting from the vehicle and a canine subsequently alerted to the presence of narcotics.
Initially, Zuniga lied to deputies and denied there was anything illegal in her vehicle. However, after stepping out of her vehicle and when asked a second time, Zuniga admitted there was something illegal inside. Deputies then recovered 24 bundles of marijuana, weighing approximately 243 kilograms within the car.
In her defense, Zuniga testified she had been kidnaped by multiple men while she was driving to a friend’s house. She claimed they took her to a cemetery while bundles of marijuana were loaded into her vehicle. She further testified they told her she would need to drive the vehicle to McAllen or else something would happen to her family.
The jury was not convinced of Zuniga’s claim of duress and ultimately found her guilty as charged.
U.S. District Judge Micaela Alvarez, who presided over the trial, has set sentencing for Dec. 12, 2013, at which time she faces a minimum of five and up to 40 years in federal prison.
Previously released on bond, Zuniga was taken into custody following the return of the verdict where she will remain pending sentencing.
The case was investigated by Homeland Security Investigations with the assistance of the Starr County Sheriff’s Office. Assistant United States Attorney Kimberly Ann Leo is prosecuting.
Judge Gives Federal Inmate Another Year in Prison for Possessing A WeaponRead the Press Release
ERIE, Pa. - An inmate at the McKean Federal Correctional Institution in Bradford, Pennsylvania pleaded guilty and was sentenced in federal court to 12 months and 1 day in jail on his conviction for possession of contraband in prison, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Jesus Castillo- Lucino, 26. The sentence was imposed to run consecutively to the sentence Castillo-Luciano is currently serving.
According to information presented to the court on February 1, 2013, Castillo-Luciano was in possession of a weapon.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended Officers of the McKean Federal Correctional Institution for the investigation leading to the successful prosecution of Castillo-Luciano.
James Michael Youpee Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls, on September 25, 2013, before U.S. Magistrate Judge Keith Strong, JAMES MICHAEL YOUPEE, a 35-year-old resident of Poplar and an enrolled member of a federally recognized tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On April 4, 2013, YOUPEE was staying at a hotel in Poplar, which is located within the exterior boundaries of the Fort Peck Indian Reservation. YOUPEE got into an argument with a woman he was seeing and she went to a different hotel room. Shortly after, YOUPEE forced his way into the room she had gone into and stabbed and cut a male occupant of the room. As a result, the victim was taken to the local hospital and then flown to Billings.
The victim had life-endangering injuries which required the placement of a chest tube to relieve air pressure in his lung.
YOUPEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 23, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
FRANKLIN GEORGE GRANT, a resident of Billings, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, GRANT faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
EMERY CHARLES CROOKED ARM, a 23-year-old resident of Wyola, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, CROOKED ARM faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
CHASTITY LYNN LONE ELK, a 38-year-old resident of Busby, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, distribution of methamphetamine, use of a firearm in furtherance of a drug trafficking crime, and being a felon-in-possession of a firearm. She is currently detained. If convicted of these charges, LONE ELK faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. In addition, LONE ELK faces the possibility of an additional mandatory 5 year imprisonment, consecutive to any other sentence, for the use of a firearm during a drug trafficking crime. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
PATRICIA ANN HALCOMB-SEGNA, a 53-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, being a felon-in-possession of a firearm, and possession of an unregistered firearm. She is currently detained. If convicted of these charges, HALCOMB-SEGNA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was a cooperative effort between the Eastern Montana High Intensity Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
TIMOTHY M. McALLISTER, a 46-year-old resident of Kansas City, Missouri, appeared on charges of transportation of child pornography, possession of child pornography, and travel with intent to engage in illicit sexual conduct. He is currently detained. If convicted of these charges, McALLISTER faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 30 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Zeno B. Baucus is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
BRANDY LEE SALWAY, a 23-year-old resident of Santa Fe, New Mexico, appeared on a charge of involuntary manslaughter. She is currently released on special conditions. If convicted of this charge, SALWAY faces possible penalties of 8 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
JORDAN JOSEPH MORGAN, a 21-year-old resident of Cut Bank, appeared on charges of assault resulting in serious bodily injury and criminal endangerment. He is currently released on special conditions. If convicted of these charges, MORGAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, SUTHERLAND faces possible penalties of life in prison, a $250,000 fine, lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ROBERT JAMES SCHEAFFER, JR., a 49-year-old resident of Harlem, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, SCHEAFFER faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ALDRED AMELINE, JR., a 24-year-old resident of Harlem, appeared on charges of sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, AMELINE faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
JOSHUA JAMES HURLEY, a 31-year-old resident of St. Mary, appeared on charges of assault on a federal officer and making false statements to a federal officer. He is released on special conditions. If convicted of these charges, HURLEY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Idaho Man Sentenced for Obstruction of Justice in Key West Marine Life CaseRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Otha Easley, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and David Pharo, Resident Agent in Charge U.S. Fish & Wildlife Service, Miami, announce that Peter C. Covino, IV, 20, of Eagle, Idaho, was sentenced yesterday in Key West, for knowingly and corruptly attempting to persuade another to alter, destroy, mutilate, or conceal an object with the intent to impair the object’s integrity and availability for use in an official proceeding, in violation of Title 18, United States Code, Sections 1512(b)(2)(B) and 2.
U.S. District Court Judge Jose E. Martinez, who presided over the trial of Peter Covino in July, imposed a sentence of imprisonment of time served - two months, six months of home confinement under electronic monitoring, and two years of supervised release. The court determined that Covino was unable to pay a fine.
According to testimony presented during the trial and documents in the case file, in February 2013 Covino made two phone calls to a business in the Florida Keys involved in the wholesale marine life trade in an effort to persuade one of the business owners “to erase all the text messages, and emails, or any other evidence” linking the Florida business to Peter Covino’s uncle, Ammon Covino, then a Director of the Idaho Aquarium, Inc., in Boise, Idaho.
In a separate criminal proceeding, United States v. Ammon Covino, et al., Case No. 12-10020-CR-Martinez, Ammon Covino had been arrested on February 21, 2013, and charged with engaging in a conspiracy and other violations of the federal Lacey Act by purchasing and transporting wildlife from the Florida Keys to Idaho for exhibit at the Idaho Aquarium in Boise, Idaho. The wildlife included spotted eagle rays and lemon sharks, which required Florida licenses and permits never acquired by the participants in the deals. Testimony at Peter Covino’s trial established that Ammon Covino and his co-defendant Christopher Conk had made the arrangements for the illegal purchases by emails, text messages, and telephone calls.
Unknown to Peter Covino at the time of the phone calls was the fact that the business owner was cooperating with federal authorities and his phone conversations were recorded. During his trial testimony, Peter Covino admitted that he made the calls at the direction of his uncle, Ammon Covino.
Mr. Ferrer commended the investigative efforts of the NOAA Office of Law Enforcement, the U.S. Fish & Wildlife Service, Office of Law Enforcement, and the Idaho Department of Fish & Game. This case was prosecuted by Assistant U.S. Attorneys Thomas Watts-FitzGerald.
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.
Idaho Aquarium and Employees Plead Guilty to Illegal Trafficking of Marine LifeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Otha Easley, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and David Pharo, Resident Agent in Charge U.S. Fish & Wildlife Service, Miami, announce that Idaho Aquarium, Inc., an Idaho corporation based in Boise, Ammon Covino, 40, formerly of Meridian, Idaho, and Christopher Conk, 40, of Middleton, Idaho, entered guilty pleas in federal District Court in Key West yesterday for conspiring to harvest, transport, and sell spotted eagle rays and lemon sharks, knowing the marine life were taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, contrary to the federal Lacey Act, Title 16, United States Code, Sections 3372(a)(2)(A), and 3373(d)(1) and (2), all in violation of Title 18, United States Code, Section 371.
According to the Indictment and Joint Factual Statements submitted to the Court and agreed to by the respective defendants, the defendants confessed that during the period extending from March 2012 through approximately November 2012, they engaged in a conspiracy to purchase and transport wildlife from the Florida Keys to Idaho for exhibit at the Idaho Aquarium in Boise. The wildlife included spotted eagle rays and lemon sharks, which required Florida licenses and permits never acquired by the participants in the deals. According to the Factual Statements, Covino and Conk were both at the time officers of the Aquarium, were individually advised of the requirements of the law, and nevertheless directed their Florida-based suppliers to ignore the law and make the shipments. Unknown to Covino and Conk at the time of the phone calls was the fact that the business owner was cooperating with federal authorities and the phone conversations and text messages were recorded. Payment for the various specimens was made by credit cards held in the Aquarium’s name. All three defendants acknowledged that Covino and Conk’s illegal conduct was within the scope of their employment, and intended to benefit, at least in part, the Idaho Aquarium.
In a separate criminal proceeding, United States v. Peter C. Covino, IV, Case No. 13-10010-CR-Martinez, Peter Covino, the nephew of Ammon Covino, was tried, convicted, and sentenced for obstruction of justice in connection with his effort to persuade the supplier in the Florida Keys to destroy the invoices and messages related to the illegal purchases of marine life to prevent their use in Ammon Covino’s case, in violation of Title 18, United States Code, Sections 1512(b)(2)(B). Testimony at the trial established that after Ammon Covino had been arrested on February 21, 2013 he induced Peter Covino to make the calls.
Mr. Ferrer commended the investigative efforts of the NOAA Office of Law Enforcement, the Fish & Wildlife Service, Office of Law Enforcement, and the Idaho Department of Fish & Game. This case was prosecuted by Assistant U.S. Attorneys Thomas Watts-FitzGerald and Antonia Barnes, with assistance from the U.S. Attorney’s Office for the District of Idaho.
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.
ICAP Brokers Face Felony Charges for Alleged Long-Running Manipulation of LIBOR Interest RatesRead the Press Release
Two former derivatives brokers and a former cash broker employed by London-based brokerage firm ICAP were charged as part of the ongoing criminal investigation into the manipulation of the London Interbank Offered Rate (LIBOR), the Justice Department announced today.
Darrell Read, who resides in New Zealand, and Daniel Wilkinson and Colin Goodman, both of England, were charged with conspiracy to commit wire fraud and two counts of wire fraud in a criminal complaint unsealed in Manhattan federal court earlier today. They each face a maximum penalty of 30 years in prison for each count upon conviction.
“By allegedly participating in a scheme to manipulate benchmark interest rates for financial gain, these defendants undermined the integrity of the global markets,” said Attorney General Eric Holder. “They were supposed to be honest brokers, but instead, they put their own financial interests ahead of that larger responsibility. And as a result, transactions and financial products around the world were compromised, because they were tied to a rate that was distorted due to the brokers’ dishonesty. These charges underscore the Justice Department’s determination to hold accountable all those whose conduct threatens the integrity of our financial markets.”
“These three men are accused of repeatedly and deliberately spreading false information to banks and investors around the world in order to fraudulently move the market and help their client fleece his counterparties,” said Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division. “Our criminal investigation of the manipulation of LIBOR by some of the largest banks in the world has led us from New York to London, to Tokyo, and other financial hubs around the globe. These important charges are just the latest law-enforcement action in the Criminal Division and Antitrust Division’s global LIBOR investigation, and reflect the Department’s continued dedication to detecting, and prosecuting, financial fraudsters who affect U.S. markets, whether they work at a bank, or a brokerage, and whether they carry out their fraud from a desk in the United States, or abroad.”
“The complaint unsealed today charges Colin Goodman, Daniel Wilkinson and Darrell Read for conspiring to manipulate benchmark interest rates that determined the profitability of their client’s trades,” said Scott D. Hammond, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. “In exchange for bigger bonus checks, the three defendants undermined financial markets around the world by compromising the integrity of globally used interest rate benchmarks. The Department continues to demonstrate its commitment to protecting the interest of American citizens in free and fair financial markets.”“Corporate and securities fraud involving the manipulation of these rates causes a worldwide impact on trading positions and erodes the integrity of the market and confidence in Wall Street,” said Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office. “Unraveling such complex financial schemes is difficult and time consuming. Today’s charges are the result of the hard work of the FBI special agents and forensic accountants who dedicated significant time and resources to investigating this case.”
According to the criminal complaint, LIBOR is an average interest rate, calculated based on submissions from leading banks around the world, reflecting the rates those banks believe they would be charged if borrowing from other banks. LIBOR is published by the British Bankers’ Association (BBA), a trade association based in London. At the time relevant to the criminal complaint, LIBOR was calculated for 10 currencies at 15 borrowing periods, known as maturities, ranging from overnight to one year. The published LIBOR “fix” for a given currency at a specific maturity is the result of a calculation based upon submissions from a panel of banks for that currency (the contributor panel) selected by the BBA.
LIBOR serves as the primary benchmark for short-term interest rates globally and is used as a reference rate for many interest rate contracts, mortgages, credit cards, student loans and other consumer lending products. The Bank of International Settlements estimated that as of the second half of 2009, outstanding interest rate contracts were estimated at approximately $450 trillion.
According to allegations in the criminal complaint filed in this case, between July 2006 and September 2010, Wilkinson was a desk director employed in the London office of ICAP, where he supervised a group of derivatives brokers – including Read – specializing in Yen-based financial products. Generally, the desk’s clients were derivatives traders at large financial institutions, and the transactions brokered by Wilkinson, Read and others on the desk essentially consisted of bets between traders on the direction in which Yen LIBOR would move. Between July 2006 and September 2009, the desk’s largest client was a senior trader at UBS (UBS Trader) in Tokyo, to whom Read spoke almost daily. Because of the large size of the client’s trading positions, even slight moves of a fraction of a percent in Yen LIBOR could generate large profits. For example, UBS Trader once told Read that a 0.01 percent – or one basis point – movement in the final Yen LIBOR fixing on a specific date could result in $3 million profit for his trading positions. A significant part of both Read’s and Wilkinson’s compensation was tied to the brokerage fees generated by UBS Trader and paid to ICAP.
Goodman was a cash broker at ICAP’s London office during the relevant time period. In addition to brokering cash transactions, Goodman distributed a daily email to individuals outside of ICAP, including derivatives traders at several large banks as well as those responsible for providing the BBA with LIBOR submissions at certain banks. Goodman’s email contained what was termed his “SUGGESTED LIBORS,” purported predictions of where Yen LIBOR ultimately would fix each day across eight specified borrowing periods. Read and Wilkinson, along with Goodman himself, often referred to Goodman as “lord libor.”
The complaint alleges that Read, Wilkinson and Goodman, together with UBS Trader, executed a sustained and systematic scheme to move Yen LIBOR in a direction favorable to UBS Trader’s trading positions.
According to the criminal complaint, the primary strategy employed by Read, Wilkinson and Goodman to execute the scheme was to use Goodman’s “SUGGESTED LIBORS” email to disseminate misinformation to Yen LIBOR panel banks in hopes that the banks would rely on the misinformation when making their own respective Yen LIBOR submissions to the BBA for inclusion in the published fix. Rather than providing good faith predictions as to where Yen LIBOR would fix, Goodman instead often used his daily email to set forth predictions which benefitted UBS Trader’s trading positions.
Beginning in or about June 2007, Goodman was paid a bonus through the desk Wilkinson supervised, allegedly intended, at least in part, to reward Goodman for his role in their effort to influence and manipulate the published Yen LIBOR fix.
As a second strategy, Read and Wilkinson allegedly further agreed to contact interest rate derivatives traders and submitters employed at Yen LIBOR panel banks in an effort to cause them to make false and misleading submissions to the BBA at UBS Trader’s behest.
As alleged in the charging document, Read, Wilkinson, Goodman, UBS Trader, and other co-conspirators often executed their scheme through electronic chats and email exchanges. For example, on June 28, 2007, in an email message, Read told Wilkinson: “DAN THIS IS GETTING SERIOUS [UBS TRADER] IS NOT HAPPY WITH THE WAY THINGS ARE PROGRESSING . . . CAN YOU PLEASE GET HOLD OF COLIN AND GET HIM TO SEND OUT 6 MOS LIBOR AT 0.865 AND TO GET HIS BANKS SETTING IT HIGH. THIS IS VERY IMPORTANT BECAUSE [UBS TRADER] IS QUESTIONING MY (AND OUR) WORTH.”
The complaint alleges that the defendants were aware of the effects that Goodman’s false and fraudulent “SUGGESTED LIBORS” had on submissions by Yen LIBOR panel banks. For example, on Nov. 20, 2008, Read asked UBS Trader, “you have a really big fix tonight I believe? if Colin sends out 6m at a more realistic level than 1.10 [%] i reckon [the two panel banks] will parrot him, it might mean 6m coming down a bit.” On the following day, Nov. 21, 2008, Goodman moved his suggestion for 6-month Yen LIBOR down by nine basis points. The two other banks mirrored Goodman’s suggestion, moving their 6-month Yen LIBOR submissions down by nine basis points.
According to allegations in the complaint, Read counseled UBS Trader how to most effectively manipulate Yen LIBOR. For example, UBS Trader told Read in a July 22, 2009, electronic chat that “11th aug is the big date...i still have lots of 6m fixings till the 10th.” Read responded to UBS Trader, “if you drop [UBS’s] 6m dramatically on the 11th mate, it will look v fishy... . I’d be v careful how you play it, there might be cause for a drop as you cross into a new month but a couple of weeks in might get people questioning you.” UBS Trader replied, “don’t worry will stagger the drops...ie 5bp then 5bp,” and Read told UBS Trader, “ok mate, don’t want you getting into [expletive].” UBS Trader again assured Read that UBS and two additional panel banks would stagger their drops in coordination, and Read concluded, “great the plan is hatched and sounds sensible.”
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted.
The investigation is being conducted by special agents, forensic accountants, and intelligence analysts of the FBI’s Washington Field Office. The prosecution is being handled by Deputy Chief William Stellmach and Trial Attorney Sandra L. Moser of the Criminal Division’s Fraud Section and Trial Attorneys Eric Schleef and Kristina Srica of the Antitrust Division. Trial Attorneys Alexander Berlin and Thomas B.W. Hall, Law Clerk Andrew Tyler, and Paralegal Specialist Kevin Sitarski of the Criminal Division’s Fraud Section, along with Assistant Chief Elizabeth Prewitt and Trial Attorney Richard Powers of the Antitrust Division, and former Trial Attorney Luke Marsh have also provided valuable assistance. The Criminal Division’s Office of International Affairs has provided assistance in this matter as well.
The broader investigation relating to LIBOR and other benchmark rates has required, and has greatly benefited from, a diligent and wide-ranging cooperative effort among various enforcement agencies both in the United States and abroad. The Justice Department acknowledges and expresses its deep appreciation for this assistance. In particular, the Commodity Futures Trading Commission’s Division of Enforcement referred this matter to the Department and, along with the U.K. Financial Conduct Authority, has played a major role in the investigation. The Securities and Exchange Commission has also provided valuable assistance for which the Department is grateful. The Department also expresses its appreciation to the United Kingdom’s Serious Fraud Office for its assistance and ongoing cooperation. Various agencies and enforcement authorities from other nations are also participating in different aspects of the broader investigation, and the Department is grateful for their cooperation and assistance as well.
Finally, the Department acknowledges ICAP’s continuing cooperation in the Department’s ongoing investigation.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information about the task force visit: www.stopfraud.gov.
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Harrison County Men Sentenced for Drug Trafficking ViolationsRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – Three Marshall, Texas men have been sentenced to federal prison by U.S. District Judge Rodney Gilstrap for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Santiago Carbajal Abelardo, 26, pleaded guilty on May 3, 2013, to possession with intent to distribute and distribution of methamphetamine and was sentenced to 90 months in federal prison on Sep. 24, 2013.
Jehovani Abelardo, 21, pleaded guilty on May 3, 2013, to possession with intent to distribute and distribution of methamphetamine and was sentenced to 90 months in federal prison on Sep. 24, 2013.
Santos Acuna, 24, pleaded guilty on May 3, 2013, to possession with intent to distribute and distribution of cocaine and was sentenced to 11 months in federal prison on Sep. 24, 2013.
According to information presented in court, from November 2009 to October 2012, the defendants conspired to manufacture and distribute methamphetamine and cocaine in East Texas. Santiago Abelardo admitted to distributing over 35 grams of methamphetamine and possessing a firearm during the conspiracy. Jehovani Abelardo admitted to assisting in the distribution of over 20 grams of methamphetamine as well as attempting to bride a police officer during the conspiracy. Acuna admitted to distributing over 50 grams of cocaine during the conspiracy. A federal grand jury returned an indictment on Nov. 7, 2012, charging these defendants and two others with federal drug trafficking violations.
This case was investigated by the Federal Bureau of Investigation, the Marshall Police Department and the Harrison County District Attorney’s Office and prosecuted by Assistant U.S. Attorney Allen Hurst.Hammond Woman, Sandra Renee Keith, Pleads Guilty to False Statements to an Agency of the United StatesRead the Press Release
SANDRA RENEE KEITH, age 34, a resident of Hammond, Louisiana, pled guilty in federal court today before U.S. District Judge Stanwood R. Duval to one count of making false statements to a federal agent, announced U.S. Attorney Kenneth Allen Polite, Jr.
According to court records, on May 6, 2013, Drug Enforcement Administration (“DEA”) agents knocked on KEITH’s door with an arrest warrant for Michael D. Brumfield (“Brumfield”). KEITH informed agents that Brumfield was not at her apartment but was staying elsewhere, when in truth and fact, as KEITH well knew, Brumfield was hiding in her apartment.
Upon sentencing scheduled for January 8, 2014, KEITH faces a maximum term of imprisonment of 5 years, a $250,000 fine, 3 years of supervised release following any term of imprisonment, and a $100 special assessment.
The case was investigated by the Drug Enforcement Administration, and is being prosecuted by Assistant U. S. Attorney Julia K. Evans.
(Download Factual Basis )
Grand Jury Indicts Oakland Man Who Received Meth Smuggled in Picture FrameRead the Press Release
PITTSBURGH - An Oakland man has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
The two-count indictment named Carmelo Rojas-Perez, 31, as the sole defendant.
According to court filings, the defendant had approximately one kilogram of methamphetamine smuggled to him from Mexico with the intent of distributing the drugs. The drugs were hidden inside the frame of a religious picture.
The law provides for a minimum sentence of at least 10 years in prison and a maximum total sentence of life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.
Homeland Security Investigations and U.S. Customs and Border Protection conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Fort Thompson Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 24, 2013, by U.S. District Judge Roberto A. Lange.
Kyle Marks, age 29, was sentenced to 24 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Marks was indicted for the above charge by a federal grand jury on June 12, 2013. He pled guilty on September 9, 2013.
The charge stems from an incident wherein Marks failed to register as a sex offender from May 2013 to June 11, 2013. He had initially been convicted in federal court in 2004 of abusive sexual contact with a child and was sentenced to prison, as well as being required to register as a sex offender. After release from prison on his underlying charge, he had violations of his court ordered supervision, and remained under the Court’s supervision until this year. While placed at a treatment facility in Rapid City to help him successfully re-integrate into society, Marks absconded in May 2013, and failed to properly maintain his sex offender registry requirements. Marks fled from authorities until he was apprehended on July 16, 2013. This is his second conviction for failing to register as a sex offender.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Marks was immediately turned over to the custody of the U.S. Marshals Service.Fort Thompson Man Pleads Guilty to Simple Assault and Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Michael James Farmer, age 26, of Fort Thompson, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on September 23, 2013, and pled guilty to the Information that charged him with Simple Assault-Domestic Violence, and Assault by Striking, Beating, and Wounding-Domestic Violence.
The maximum penalty upon conviction is 6 months of imprisonment and/or a $5,000 fine, 3 years of supervised release, and a $10 special assessment to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
The charges stem from incidents on January 19, 2013 and January 21, 2013, wherein Farmer assaulted the mother of his children by biting her on the arm and back and hitting her with a broom handle.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Farmer was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 20, 2013.Former Venango County Resident Failed to Update His Status in the Sex Offender RegistryRead the Press Release
ERIE, Pa. - A former resident of Franklin, Pennsylvania, pleaded guilty in federal court to a charge of failure to register under the Sex Offender Registration and Notification Act, United States Attorney David J. Hickton announced today.
Thomas K. Baker, 56, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Baker knowingly failed to update his registration as required by the Sex Offender Registration and Notification Act.
Judge Cercone scheduled sentencing for February 7, 2014 at 11:00 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Marshal’s Service conducted the investigation that led to the prosecution of Baker.
Former U.S. Marine Reservist Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Lee Baca, 22, a former U.S. Marine Reservist who resides in Albuquerque, N.M., pleaded guilty this morning to a receipt of child pornography charge under a plea agreement with the U.S. Attorney’s Office.
Baca was charged on June 26, 2013, in a sealed five-count indictment charging him with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Baca received child pornography between Dec. 2012 and Feb. 2013, and possessed child pornography in March 2013, in Bernalillo County, N.M. The indictment was unsealed after Baca was arrested on June 29, 2013 by Homeland Security Investigations (HSI) agents.
During today’s plea hearing, Baca entered a guilty plea to Count 1 of the indictment, a receipt of child pornography charge. In his plea agreement, Baca acknowledged that the investigation leading to his arrest began in Oct. 2012, when an agent with the New Mexico Attorney General’s Office (NMAGO) working in an undercover capacity identified an IP Address that was being used to participate in the distribution of child pornography. On March 5, 2013, after investigation revealed that the IP Address was subscribed to Baca’s residence, HSI agents and officers of the Albuquerque Police Department (APD) executed a search warrant at Baca’s residence and seized Baca’s computers and computer-related media.
In his plea agreement, Baca admitted participating in a voluntary interview while the search was ongoing and telling the agents and officers that he used file-sharing programs to download child pornography. Baca also acknowledged that an ongoing forensic examination of his computers and computer-related media uncovered more than 2000 videos and images consistent with child pornography. Baca also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 564 images and 7 videos of 47 children who have been identified as child pornography victims and have been rescued.
Baca has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Baca faces a maximum prison sentence of not less than five years and not more than 20 years. Baca will be required to register as a sex offender after he completes his prison sentence.
This case was investigated by the Albuquerque office of HSI, the NMAGO and APD. The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees 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/.
The case also was brought as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.Former Metro East Public Official Convicted ... AgainRead the Press Release
A former police officer in Alorton and Fairmont City, who also served as a trustee of the Commonfields of Cahokia Public Water District, and as the Alorton Director of Public Safety, pleaded guilty in federal district court to wire fraud and tax evasion on September 25, 2013, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Harry A. Halter, Jr., also known as “Dink,” 53, of Cahokia, Illinois, waived his right to face a grand jury indictment and pled guilty to charges brought directly by the US Attorney’s Office.
Halter was convicted for financial crimes related to a towing business Halter owns. Documents filed in US District Court established that Halter owned and operated Town & Country Towing, located in Alorton, Illinois. In 2009, Halter received a grant of $24,990 in tax increment financing (TIF) towards the construction of a new fence to surround the perimeter of his tow yard. However, Halter’s wire fraud conviction came after he misapplied $19,057.62 of those funds to pay personal expenses – such as credit cards and expenses at Kinkaid Village Marina for personal recreational boating expenses.
Halter was convicted of tax evasion for using his business to pay personal expenses, conducting personal and business transactions through the extensive use of cash, paying employees in cash and not reporting their wages to the IRS, by not keeping accurate records of business transactions, and other acts of concealing his true income from the IRS for the purpose of limiting his tax liability. This criminal conduct allowed Halter to avoid paying at least $128,719 in federal income taxes that he otherwise would have been required to pay. Halter agreed to make full restitution to the IRS and the village of Alorton as a condition of his guilty plea.
Both the St. Clair County State’s Attorney and the United States Attorney have investigated and prosecuted Halter for separate crimes. Halter was convicted of official misconduct in state court on April 4, 2013, after compelling a female motorist to perform oral sex to avoid arrest in 2008. Evidence at that hearing showed that Halter made that traffic stop in the early morning hours outside of his jurisdiction after he had been drinking.
Wire fraud is punishable by not more than 20 years in prison, and/or a $250,000 fine, or both, and not more than three years of supervised release following any term in prison. Tax evasion is punishable by not more than 5 years in prison, and/or a $100,000 fine, and not more than three years of supervised release following any prison term. However, the United States Sentencing Guidelines must be applied to the case and considered by the Court during sentencing. Halter is scheduled to be sentenced in US District Court on January 9, 2014.
The investigation was conducted by agents from the Internal Revenue Service / Criminal Investigations and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Steven D. Weinhoeft.
Former Deputy Sheriff Sentenced for Obstructing A Public Corruption InvestigationRead the Press Release
ROME, Ga. - Joshua Lamar Greeson has been sentenced to 10 months in prison for obstructing a public corruption investigation.
“This defendant took an oath to uphold the law and protect the citizens of Murray County,” said United States Attorney Sally Quillian Yates. “Instead, he lied to GBI agents investigating an ongoing public corruption case, betraying the community he swore to protect.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “The criminal conduct of former Murray County Deputy Sheriff Greeson is unconscionable and unthinkable for those serving faithfully within the criminal justice community. Today’s sentencing of Greeson will provide many opportunities for him to reflect on those actions and to serve as notice to others that this conduct will not be tolerated.”
According to United States Attorney Yates, the charges and other information presented in court: In April 2012, a citizen of Murray County, Ga., had a meeting with then-Chief Magistrate Judge Bryant Cochran related to a legal matter. The citizen claimed that during that meeting, Mr. Cochran made inappropriate sexual overtures towards her. In the days and weeks following the complaint, then-Judge Cochran called several local police officers to pass along a Atip@ B that the citizen carried drugs in her white Dodge vehicle.
On August 9, 2012, Cochran called Greeson, who at the time was a Deputy with the Murray County Sheriff=s Department. Five days after the call, on August 14, 2012, Greeson conducted a traffic stop of the white Dodge vehicle. During the traffic stop, Greeson found methamphetamine in a metal can hidden under the tire well of the car. After locating the drugs, Greeson arrested the driver as well as the citizen who was the owner of the vehicle sitting in the front passenger seat.
On August 15, 2012, Greeson met with a Superior Court Judge to obtain a search warrant for a urine sample from the citizen. During the meeting, Greeson falsely stated to the judge, in sum and substance, that he had not received any prior information about the white Dodge vehicle prior to stopping it.
Shortly thereafter, the GBI received information that the drugs had been planted on the vehicle by another individual in an attempt to falsely inculpate the citizen. As a result of that information, the local district attorney’s office dismissed the charges against the citizen.
GBI agents interviewed Greeson on August 23, 2012, in connection with an investigation of public corruption and civil rights violations. During the interview, Greeson falsely stated to the GBI agents that he had not received any information about the white Dodge car before he pulled it over.
He met with the GBI for a second interview on August 27, 2012. During this meeting, Greeson admitted to the GBI that he had lied – in that prior to stopping the white Dodge he had, in fact, been provided with information that the vehicle was supposed to be carrying drugs.
Greeson, 26, of Chatsworth, Ga., was convicted on these charges after pleading guilty on April 12, 2013. On August 29, 2012, he was terminated from the Murray County Sheriff’s Department. United States District Judge Harold L. Murphy sentenced him to 10 months in prison to be followed by one year of supervised release.
This case was investigated by Special Agents of the Federal Bureau of Investigation and Georgia Bureau of Investigation.
Assistant United States Attorneys Michael Herskowitz and Jeffrey W. Davis prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Rome Division is http://www.justice.gov/usao/gan/.
Florida Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lakeland, Florida, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Jaime L. Warrenburg, age 31, was indicted on March 6, 2013, for failing to pay over $23,273.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on September 23, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 2 years' imprisonment and/or a $250,000 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Warrenburg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Warrenburg was released on bond pending trial. A trial date has been set for November 26, 2013.Florida Licensed General Contractor and Spouse Charged with Tax FraudRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Scarlet Veres, a/k/a Scarlet Russo, a/k/a Scarlet Rice, and Steven M. Veres, III (the Veres), both of Clermont, Florida, formerly of Broward County, Florida, were charged with tax fraud. Specifically, the Indictment charges both defendants with conspiracy to defraud the Internal Revenue Service and with willfully filing false tax returns. Steven M. Veres, III, was also charged with aiding and assisting in the preparation of a false tax return. The defendants made their initial appearance yesterday before U.S. Magistrate Judge David A. Baker of the Middle District of Florida.
According to the charges, defendant Steven M. Veres, III was a licensed general contractor who owned and operated Superior Contracting, Inc., a State of Florida construction company. During the 2005 tax year, defendants Scarlet Veres and Steven M. Veres, III were the sole shareholders of Superior Contracting, Inc. In 2005, Superior Contracting, Inc. received millions of dollars from contracts to repair hurricane damaged condominium buildings in St. Lucie County, Florida. As stated in the Indictment, Scarlet Veres was responsible for the corporate bookkeeping which included recording the income and expenses for Superior Contracting, Inc. in the accounting software used to generate the profit and loss statements for the corporation.
As further stated in the Indictment, the Veres were married in July of 2005, in Broward County, Florida. In June 2007, defendant Steven M. Veres, III petitioned for a downward modification of his child support payments to a former spouse, whom Steven M. Veres, III divorced in 2003. In support of this petition, defendant Steven M. Veres, III provided copies of his delinquent personal and corporation income tax returns, which returns were subsequently filed with the IRS. On their 2005 U.S. Individual Income Tax Return, defendants Scarlet Veres and Steven M. Veres, III claimed to have adjusted gross income of a negative amount yet the defendants had expenditures for real property, personal home construction and improvements, vehicles, investments, and jewelry in that same year totaling at least $1.5 million. The false corporate and personal income tax returns served the dual purpose of evading income taxes of defendants Scarlet Veres and Steven M. Veres, III and child support obligations of defendant Steven M. Veres, III.
The Indictment alleges that the Veres conspired with each other to defraud the IRS and file false personal and corporate tax returns for 2005. This was accomplished by diverting corporate receipts of Superior Contracting, Inc. to their own use. In order to conceal their diversion of corporate funds, the Veres allegedly falsified the profit and loss statement of Superior Contracting, Inc. by characterizing personal expenses, as business expenses, which in turn, reduced the income reported on Superior Contracting, Inc.'s corporate tax return. The Indictment further alleges that by providing their tax return preparer with false profit and loss statements for Superior, Inc. the Veres caused the tax preparer to prepare a false 2005 Individual Income Tax Return which failed to correctly report the defendants' share of income generated by Superior Contracting, Inc. The Indictment further states that the defendants made false statements and representations to agents of the Internal Revenue Service for the purpose of concealing the income they received from Superior Contracting, Inc.
If convicted, the defendants face a maximum statutory sentence of up to five years in prison for the conspiracy charge and three years in prison for each count of willfully filing false tax returns. In addition, Steven M. Veres, III faces up to three years in prison for aiding and assisting in the preparation of a false tax return.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Stephanie D. Evans.
The Indictment is only an accusation and is not evidence of guilt. A defendant is presumed innocent unless and until he is proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Keys Marine Life Dealers Plead Guilty to Illegal Trafficking of Marine LifeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Otha Easley, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and David Pharo, Resident Agent in Charge U.S. Fish & Wildlife Service, Miami, announce that Eric P. Pedersen, 51, of Grassy Key, Florida, and Serdar Ercan, 42, formerly of Grassy Key, entered guilty pleas in Key West today for conspiring to harvest, transport, and sell marine living resources knowing the marine life were taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, contrary to the federal Lacey Act, Title 16, United States Code, Sections 3372(a)(2)(A), and 3373(d)(1) and (2), all in violation of Title 18, United States Code, Section 371.
Pedersen and Ercan each face a possible sentence of up to five years in prison, a period of supervised release of up to three years, and a criminal fine of up to $250,000 in the case. United States District Court Judge Jose E. Martinez set sentencing for the two defendants for December 4, 2013 in Key West, beginning at 10:00 a.m.
According to the Indictment and Joint Factual Statements submitted to the Court, the defendants confessed that during the period extending from October 2010 through approximately February 2011, they engaged in a conspiracy to harvest and transport Live Rock and attached invertebrates, specifically Ricordia florida, sea fans (Gorgonia species), bonnethead sharks (Sphyma tiburo), lemon sharks (Negaprion brevirostris), and nurse sharks (Ginglymostoma cirratum), wildlife from the Florida Keys to buyers throughout the United States and foreign countries. Their activities were conducted without the required licenses and permits mandated by Florida law, and in some instances exceeded permissible bag limits on some of the species of marine life.
According to statements in the record, the harvesting activity occurred within the Florida Keys National Marine Sanctuary, other federal Wildlife Refuges, and State waters. Pursuant to the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuary Act, the National Oceanic & Atmospheric Administration issued final regulations in January 1997 to govern the conduct of activities within the sanctuary. Title 15, Code of Federal Regulations, Section 922.163(a)(2) prohibits the removal of, injury to, or possession of coral or live rock. Section 922.163(a)(2)(I) prohibits moving, removing, taking, harvesting, damaging, disturbing, breaking, cutting, or otherwise injuring any living or dead coral or coral formation, or attempting any of these activities.
Mr. Ferrer commended the investigative efforts of the NOAA Office of Law Enforcement, the U.S. Fish & Wildlife Service, Office of Law Enforcement. Mr. Ferrer also extended his thanks to the Florida Fish & Wildlife Conservation Commission who assisted in the case. This case was prosecuted by Assistant U.S. Attorneys Thomas Watts-FitzGerald and Antonia Barnes.
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.
Fleming Island Man Charged in Federal Court with Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida - Acting United States Attorney A. Lee Bentley, III announced today that Jimmy Laverne Holmes (57, Fleming Island) has been charged by a federal criminal complaint with receiving child pornography over the Internet. If convicted, Holmes faces at least 5 years, and up to 20 years in prison. Holmes was arrested yesterday at his Fleming Island residence, and later made his initial appearance in court. A detention hearing is scheduled before United States Magistrate Judge Monte C. Richardson on September 26, 2013 at 2:30 p.m.
According to the criminal complaint, on September 24, 2013, agents with the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Clay County Sheriff’s Office executed a federal search warrant at Holmes’ residence. Holmes was at the residence and was interviewed by agents. Holmes indicated, among other things, that he works at the Barco-Newton YMCA in Fleming Island, where he teaches sports to children. Holmes admitted using a file sharing program to download child pornography and share it with other computer users, and further stated that child pornography would be found on his external hard drives. An onsite examination of one of Holmes’ external hard drives revealed that it contained child pornography. Holmes was subsequently arrested.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Five Miami Residents Arrested for Alleged Roles in $48 Million Home Health Care Fraud SchemeRead the Press Release
Five Miami residents have been charged for their alleged roles in a $48 million home health Medicare fraud scheme.
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 Dennis of the HHS Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement after the case was unsealed following the defendants’ arrests this morning.
On Sept. 24, 2013, a federal grand jury in Miami returned an 11-count indictment charging Marianela Martinez, 45; Mireya Amechazurra, 49; Lissett Jo-Moure, 55; Omar Hernandez, 48; and Celia Santovenia, 49, each with one count of conspiracy to receive health care kickbacks and two counts of receiving kickbacks in connection with a Federal health care program. Each charge carries a maximum penalty of five years in prison upon conviction.
According to the indictment, the defendants participated in a scheme involving Caring Nurse Home Health Care Corp. (Caring Nurse) and Good Quality Home Health Inc. (Good Quality), Miami home health care agencies that purported to provide home health and therapy services to Medicare beneficiaries. The defendants allegedly referred Medicare beneficiaries to Caring Nurse and/or Good Quality in exchange for kickbacks, knowing that Caring Nurse and/or Good Quality would in turn bill Medicare for home health services purportedly rendered for the recruited Medicare beneficiaries.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted.
In a related case, on Feb. 27, 2013, Rogelio Rodriguez and Raymond Aday, the owners and operators of Caring Nurse and Good Quality, were sentenced to 108 and 51 months in prison, respectively. The sentencings followed their December 2012 guilty pleas to one count each of conspiracy to commit health care fraud charged in an October 2012 indictment, which alleged that from approximately January 2006 through June 2011, Caring Nurse and Good Quality submitted approximately $48 million in claims for home health services that were not medically necessary and/or not provided. Medicare paid approximately $33 million for those fraudulent claims.
The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Assistant Chief Joseph S. Beemsterboer of the Criminal Division’s Fraud Section.
Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,500 defendants who collectively have falsely billed the Medicare program for more than $5 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are 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.
Farmington Woman Pleads Guilty to Aggravated Assault ChargeRead the Press Release
ALBUQUERQUE – Thelda Frank, 43, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pleaded guilty this morning to an aggravated assault charge under a plea agreement with the U.S. Attorney’s Office.
Frank was arrested in Jan. 2013, based on an indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the indictment, Frank assaulted a man with a knife on July 27, 2011, in a location within the Navajo Indian Reservation.
During this morning’s proceedings, Frank pleaded guilty to a criminal information charging her with aggravated assault. According to the plea agreement, Frank admitted stabbing a man in the abdomen with a knife on July 27, 2011.
At sentencing, Frank faces a maximum of 18 months in prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Ernest Goodman Sentenced to 300 Months in Prison Following Robbery SpreeRead the Press Release
Memphis, TN – The final member of a criminal gang responsible for at least three bank robberies and two business robberies was sentenced on Monday to 300 months in federal prison, announced U.S. Attorney Edward L. Stanton III.
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According to facts revealed in the indictment and during plea and sentencing hearings, from July 21 to 27, 2011, Ernest Goodman, 25, of Memphis, TN, was part of a gang that robbed three Bank of America branches across the city. Goodman himself also robbed a Pizza Hut located on Elvis Presley Blvd. and a Church’s Chicken restaurant on Summer Ave.
On at least one occasion during their crime spree, members of the gang discharged firearms and pistol-whipped innocent victims. They also robbed victims personally, in addition to robbing the businesses.
On May 16, 2013, Goodman pleaded guilty to two counts of bank robbery, one count of using a firearm during a crime of violence, and two counts of robbery affecting interstate commerce. U.S. District Judge S. Thomas Anderson sentenced Goodman to 84 months for using a firearm during a crime of violence and to 216 months for the other four charges. The four robbery charges are to be served concurrently, and the firearm charge is to be served consecutively, for a total of 300 months. Judge Anderson also ordered Goodman to pay $23,217 in restitution.
The five other members of the gang pleaded guilty to various charges. They are: Thomas Vaughn, 28, of Memphis. Vaughn pleaded guilty on July 23, 2012, to three counts of bank robbery. On November 7, 2012, Judge Anderson sentenced him to a total of 300 months in prison and ordered restitution in the amount of $37,054.
Mario Ewing, 32, of Memphis. Ewing pleaded guilty on July 12, 2012, to three counts of bank robbery and three counts of using a firearm during a crime of violence. On August 8, 2013, Judge Anderson sentenced him to a total of 240 months in prison and ordered restitution in the amount of $37,054.
Edward Jones, 25, of Memphis. Jones pleaded guilty on August 31, 2012 to two counts of bank robbery and one count of using a firearm during a crime of violence. On January 29, 2013, Judge Anderson sentenced him to a total of 240 months in prison and ordered restitution in the amount of $32,908.
Deandre Taylor, 25, of Memphis. Taylor pleaded guilty on November 15, 2012 to one count of bank robbery and one count of using a firearm during a crime of violence. On April 16, 2013, Judge Anderson sentenced him to a total of 120 months in prison and ordered restitution in the amount of $13,841.
Joshua Shelton, 19, of Memphis. Shelton pleaded guilty on July 13, 2012, to one count of bank robbery and one count of using a firearm during a crime of violence. On October 31, 2012, Judge Anderson sentenced him to a total of 84 months in prison and ordered restitution in the amount of $13,841.
This case was investigated by the Safe Streets Task Force, comprised of law enforcement officials from the Federal Bureau of Investigation, the Memphis Police Department, the Shelby County Sheriff’s Office, the Germantown Police Department, and the Bartlett Police Department. Assistant U.S. Attorney Lorraine Craig represented the government.Erie Man Sentenced to 5 Years in Prison for Conspiring to Sell Crack CocaineRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in federal prison on his conviction of violating federal drug distribution laws, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on James Reginold Mitchell, 33.
According to information presented to the court, on April 15, 2011, Mitchell conspired with another individual in Erie, Pennsylvania to distribute and possess with intent to distribute more than an ounce of crack cocaine in exchange for $1850.00.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the FBI's Erie Area Gang Law Enforcement (EAGLE) task force, which is comprised of members of the Federal Bureau of Investigation, the Pennsylvania State Police, the Pennsylvania Attorney General's Bureau of Narcotics Investigation, and the Erie Police Department, for the investigation leading to the conviction of Mitchell.
Erie Man Obtained Loans and Credit Cards Through FraudRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of using a social security number assigned to another, United States Attorney David J. Hickton announced today.
Edward Phillips, 58, pleaded guilty to four counts before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Phillips obtained and used a social security number that was not assigned to him to obtain various credit cards and loans.
Judge Cercone scheduled sentencing for February 7, 2014 at 11:30 a.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Pending sentencing, the court continued Mitchell on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Social Security Administration, Office of Inspector General conducted the investigation that led to the prosecution of Phillips.
El Paso Man Sentenced to 15 Years in Federal Prison for Firearms Straw Purchasing and Smuggling OperationRead the Press Release
In El Paso this morning, U.S. District Judge Frank Montalvo sentenced 25-year-old Julio Adrian Pesqueira-Galaviz, to the statutory maximum of 15 years in federal prison followed by five years of supervised release for his leadership role in a scheme to illegally purchase firearms in the U.S. then smuggle them into Mexico for the purposes of arming members of the Sinaloa Drug Trafficking Organization announced United States Attorney Robert Pitman, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Robert Champion, Dallas Division, and Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, El Paso Division.
On June 26, 2013, Pesqueira pleaded guilty to one count each of conspiracy to make a false statement during the purchase of a firearm; false statement during the purchase of a firearm; and, conspiracy to transfer a firearm for use in a crime of violence or drug trafficking crime. By pleading guilty, Pesqueira admitted that from July 2010 to May 2013, he purchased firearms, as well as provided money to individuals in order for them to purchase firearms, from El Paso area gun dealers to include a Barrett .50 caliber rifle and an assortment of various military style semi-automatic firearms including, AK-47’s, AR-15’s and Draco 7.62x39 caliber pistols.
Pesqueira is the first of 11 defendants charged in this case to be sentenced. This investigation was conducted by ATF and DEA agents together with investigators from Homeland Security Investigations and the El Paso Police Department.
Eagle Butte Man Charged with Aggravated Sexual Abuse of A Child and Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Sexual Contact with a Child.
Austin Wade Bissonette, age 25, was indicted on September 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 23, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in custody and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Bissonette is alleged to have sexually abused and had sexual contact with a child at Eagle Butte between August 2009 and August 2010.
The charges are merely an accusation and Bissonette is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Bissonette was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Dunmore Tax Return Preparer Sentenced for Tax EvasionRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dominick J. Muracco, Jr., age 60, of Scranton, Pennsylvania, was sentenced in federal court today before Senior U.S. District Judge A. Richard Caputo for attempted income tax evasion regarding his 2008 federal income tax return. Muracco was sentenced to two months imprisonment, four months of home confinement and one year of supervised release. Full restitution was made prior to sentencing.
According to United States Attorney Peter J. Smith, Muracco previously operated a business in Dunmore, Pennsylvania known as Automated Payroll and Tax Service (“APTS”) which prepared tax returns and represented taxpayers before the IRS. Muracco admitted that he filed a false personal income tax return for 2008 which omitted over $125,000 in taxable income and over $31,000 in tax. Muracco also admitted that for the years 2006, 2007, 2008 and 2009, he under-reported his income by over $276,000 and his tax by over $63,000. The unreported income came primarily from fees that Muracco charged APTS clients for tax program services.
The case was investigated by the Criminal Investigation Division of the IRS and was prosecuted by Senior Litigation Counsel Bruce Brandler.
Donna Man Sentenced for “Lasering” Customs and Border Protection HelicopterRead the Press Release
McALLEN, Texas – Margarito Tristan III, 28, of Donna, has been ordered to federal prison for aiming a laser at a Customs and Border Protection (CBP) helicopter, announced United States Attorney Kenneth Magidson. Tristan pleaded guilty July 1, 2013.
Today, U.S. District Judge Micaela Alvarez ordered him to prison for a term of 18 months to be immediately followed by a two-year-term of supervised release.
On March 7, 2013, CBP Air and Marine offices were conducting a night training operation in CBP helicopter, designated Omaha 26A. At approximately 10:20 p.m., while conducting a training flight near Weslaco, the pilots were illuminated by a green laser at which time their eyes were irradiated by the laser causing them disorientation.
After altering course, the aircrew was able to detect a vehicle which was the source of the laser by using their night vision goggles. The aircrew then directed law enforcement officers on the ground to the vehicle and they subsequently conducted a traffic stop. A green laser was recovered from the vehicle and Tristan admitted to using it to illuminate the helicopter.
During the sentencing hearing today, the court cited its concern, not only for the lives of the pilots, but also the lives of those on the ground should the helicopter have gone down in formulating the sentence for this first-time offender.
Tristan was initially permitted release upon posting bond. However, he has not yet been able to do so and he remains in custody where he has been since his arrest.
The investigation was conducted by the FBI, Customs and Border Protection, Texas Department of Public Safety, Hidalgo County Sheriff’s Department and the Donna Police Department. Assistant United States Attorney Steven Schammel is prosecuting.
Deported Guatemalan Charged with Illegally Re-entering United StatesRead the Press Release
PITTSBURGH - An individual found in Pittsburgh, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.
The one-count indictment named Milton Garcia-Lopez, 25, formerly from Guatemala, as the sole defendant.
According to indictment, Milton Garcia-Lopez, an alien, was removed from the United States by United States Immigration and Customs Enforcement on April 12, 2007. Milton Garcia- Lopez was found on May 27, 2013, subsequent to his arrest in Pittsburgh, Pa.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul E. Hull is prosecuting this case on behalf of the government.
Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty.