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18 September 2013
St. Francis Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.
Orson Black Spotted Horse, age 50, was sentenced to 18 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Black Spotted Horse was indicted on two counts by a federal grand jury in February of 2013. He pled guilty to Count I of the Indictment, Assault with a Dangerous Weapon, on June 25, 2013.
The conviction stems from an incident on September 3, 2012, when the Defendant got into an argument with the victim. Black Spotted Horse took a metal pipe and hit the victim in the head, and the victim sustained a head injury.
The investigation was conducted by the Rosebud Sioux Tribe, Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
South Jordan Woman Sentenced to 30 Months in Federal Prison After Money Laundering ConvictionRead the Press Release
Admitted She Embezzled $462,455.80 From Her EmployerSALT LAKE CITY – Monica Paris, age 31, of South Jordan, who pleaded guilty in February to one count of money laundering, will serve 30 months in federal prison. Judge Ted Stewart imposed the sentence in U.S. District Court in Salt Lake City Tuesday afternoon.
Paris must report to the U.S. Bureau of Prisons on Nov. 5, 2013, to begin serving her sentence. She will be on supervised release for 36 months when she finishes her prison sentence. Judge Stewart also ordered her to pay full restitution of $462,455.80.
In the plea agreement reached with federal prosecutors, Paris admitted she embezzled approximately $462,455.80 from Ultradent Products, Inc., her former employer. She used the funds she embezzled from her employer for personal expense.
Paris worked at Ultradent, a privately-owned Utah corporation involved in the production and distribution of dental products, from 1997 until her termination around February 2012. Her last position at the company was assistant to the director of major accounts.
According to court documents, as a part of her job duties, Paris was responsible for purchasing promotional materials used by Ultradent. The standard practice at the company involved Paris purchasing the items using her personal credit card and then seeking reimbursement for charges she incurred on the company’s behalf.
As a part of her plea agreement, Paris admitted that beginning around August 2010 and continuing through February 2012, she fraudulently submitted expense reports for personal reimbursement payments for items she never actually purchased. She then fraudulently approved the expense reports on behalf of Ultradent and directed that the reimbursement payments be sent to her personal bank account. She also admitted that she fraudulently claimed that personal items she purchased at Sam’s Club, including large amounts of pre-paid credit cards, were company expenses for which she sought reimbursement payments. Using her Sam’s Club membership, she admitted she bought personal items using the credit cards of two other company employees. She then submitted the purchases for reimbursement and created false invoices to show that the purchases were for company expenses.
Paris admitted that in August 2011, she sent a check for $10,891.29 to her credit union as payment for a car loan. She admitted she knew that the funds she transferred were stolen from her employer. Judge Stewart also signed a forfeiture order in the case ordering Paris to forfeit a 2007 Mazda vehicle, finding that there was a nexus between the car and her money laundering offense.
The case is being prosecuted by the U.S. Attorney’s Office in Salt Lake City and investigated by special agents of IRS Criminal Investigation.
(Follow the U.S. Attorney’s Office on Twitter @DUTnews)Sixty People Indicted for Heroin TraffickingRead the Press Release
Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced today.
An additional 32 people were indicted in Cuyahoga County Common Pleas Court on related state charges.
The indictments were announced today by Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, Timothy McGinty, Cuyahoga County Prosecutor, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office and Cleveland Police Chief Michael McGrath.The 203-count federal indictment describes a conspiracy took place from at least September 2011 through this month.
Keith Ricks, Brandy M. Bates and Dammarkro S. Nolan obtained heroin from suppliers in Atlanta and transported the drugs to Cleveland by mail or car. Ricks, Maurice Golston, Dionte Thompson and Leamon Shephard also pooled their money to obtain heroin from Atlanta, according to the indictment.
Ricks then distributed the heroin to other traffickers in Cleveland, including Shephard, Golston, Marcus Blue, Maceo Moore, Gregory Hamilton and Robert Belk, according to the indictment.
Shephard also took the heroin he obtained from Ricks and other suppliers and distributed to other dealers. Moore also obtained the heroin and distributed it to other dealers, including Jamez Jamel Webb II, Rolando J. Reed and Terrance Fletcher, according to the indictment.
Ricks, Moore, Shephard, Blue, Golston, Nolan and others also planned and committed burglaries and robberies from other drug dealers, customers and each other. This was done to fund their drug trafficking, to obtain heroin and other drugs and to collect drug debts, according to the indictment.
The men then sold the stolen heroin at discounted prices or used the stolen money to obtain heroin. They identified potential victims through a variety of ways, including targeting those who appeared to have expensive jewelry or cars or by using women to gather information about potential victims and report back to them. They sometimes used firearms or zip ties to restrain victims, according to the indictment.
The conspirators conducted counter-surveillance on law enforcement, including posting sentries to serve as lookouts. They also shared information about drug traffickers who had been arrested and obtained court documents regarding the details of traffickers’ court dates as a way to warn co-conspirators not to do business with other traffickers who had been arrested, according to the indictment.
Jovan Fussell and others also obtained large quantities of heroin from suppliers in Chicago and transported the drugs to Cleveland, where it was distributed to heroin dealers including Kenneth E. Harris, Gregory Hamilton, David E. McCall, Jr. Pierre A. Campbell and others.
Harris then redistributed the heroin to other individuals, including Frederick L. Darling, Gregory T. Savage, Jr., Terrance L. Fletcher and other dealers. Darling then supplied heroin to several other people for redistribution, including Eugene Miller, Thomas C. McCully and others.
“These defendants used firearms and violence to fund an operation that brought heroin, and the death it causes, from across the country into Greater Cleveland,” Dettelbach said. “Far from some of these defendants’ glamorous view of themselves, the suffering they caused unmasks them for what they are – greedy heroin dealers who cared about little besides money.”
Anthony said: “These individuals represent the worst of the worst, putting everyday citizens in danger by engaging in countless violent acts while lining their pockets with ill-gotten drug money. This wide-ranging investigation is another example of the comprehensive strategy by local, state and federal law enforcement to target, dismantle and eliminate the most significant criminal enterprises in our region.”
“Cuyahoga County is on track this year to set record-breaking numbers for heroin deaths,” McGrath said. “Lives will be saves as a result of the hard work by the Northeast Ohio Law Enforcement Task Force. These arrests are a testament to the great results achieved when law enforcement agencies work together for the common goal of making our streets safe and drug free. Through our cooperative partnership we will continue to seek out those groups and individuals that push poison into our neighborhoods.”
McGinty said: “Let today's raids and indictments-- and the trials and convictions to come -- be a message to those who want to capitalize on addiction: There’s a prison cell already built, the floor is painted, the stainless steel toilet is installed – and it’s waiting for you.”
Those facing federal charges are as follows: Carl Akins, 37, of Cleveland; Darnell Alexander, 29, of Brooklyn; Brandy Bates, 30, of Cleveland Heights; Beneditto Belfiore, 23, of South Euclid; Robert Belk, 27, of Cleveland; Stevenson Black, 47, of Cleveland; Dominique Blair, 28, of Euclid; Latrice Blevins, 39, of Cleveland; Marcus Blue, 30, of Euclid; Michael Buchanan, 48, of Cleveland; Pierre Campbell, 29, of Cleveland; Frederick Darling, 57, of Cleveland; Jacob Derrickson, 25, of Euclid; Leamon Eddie, 46, of Cleveland; Dana Ervin; 51, of Cleveland; Corey Etheridge, 22, of Shaker Heights; Antwon Evans, 30, of University Heights; Frederick Ferrell, 61, of Cleveland Heights; Terrance Fletcher, 40, of Cleveland; Robert Lee Fowlkes, 31, of Cleveland; Jovan Fussell, 33, of Euclid; Maurice Golston, 32, of Cleveland; Jermaine Grayson, 25, of Cleveland; Lachelle Hall, 30, of Euclid; Gregory Hamilton, 37, of Cleveland; Kenneth Harris, 45, of Cleveland; Ryland Harris, 53, of Cleveland; David Harsley, 32, of Cleveland; Erian Harwell, 24, of Cleveland; Carlton Higdon, 44, of Cleveland; Dominique Ivory, 25, of Euclid; Douglas Johnson, 58, of Cleveland; Luther Johnson, 55, of Cleveland; Michael Jones, 50, of Cleveland; Andrew Lovings, 59, of Cleveland; Devonta Maxwell, 30, of Euclid; Dave McCall, 37, of Cleveland; Thomas McCully, 53, of Cleveland; Lamar Middleton, 25, of Cleveland; Eugene Miller, 51, of Cleveland; Sandra Miller, 33, of Painesville; Maceo Moore, 37, of Euclid; Vince Morgan, 22, of North Olmsted; Ed Nix, 48, of Euclid; Dammarkro Nolan, 39, of Painesville; Brenda Norman, 58, of Cleveland; Vernon Norman, 77, of Euclid; Antwone Nowden, 31, of Cleveland; Ivan Percy, 38, of Cleveland; Eric Powell, 38, of Cleveland; Rolando Reed, 23, of Cleveland; Keith Ricks, 31, of Cleveland; Gregory Savage, 53, of Cleveland; Kevin Scott, 47, of Cleveland; Leamon Shephard, 25, of Cleveland; Dionte Thompson, 25, of Cleveland; Jamez Webb, 21, of Cleveland; Jamal Williams, 34, of Cleveland; Shaun Williams, 30, of Cleveland, and Raymundo Wren, 31, of Cleveland.
This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd, Daniel J. Riedl and Matthew B. Kall following a multi-year investigation by the Northern Ohio Law Enforcement Task Force (NOLETF).
The NOLETF is a long standing multi-agency task force comprised of investigators from the Federal Bureau of Investigation, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Westlake Police Department and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. HIDTA supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
The investigation was assisted by the Hotel Interdiction Team, another HIDTA initiative comprised of members of the FBI, Cuyahoga County Sheriff’s Office, Homeland Security Investigations and police departments from Broadview Heights, Brooklyn, Brook Park and Independence.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Six Individuals, Three Corporations Charged in Indiana-based Biofuels Fraud SchemeRead the Press Release
The Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Southern District of Indiana announced today the return of two indictments against six individuals and three companies for offenses involving federal renewable fuel programs, allegedly creating losses to victims totaling more than $100 million. The 88 counts included in the three charging documents include allegations of conspiracy, wire fraud, false tax claims, false statements under the Clean Air Act, obstruction of justice, money laundering and securities fraud.
“Congress enacted incentives for the production of biofuels to make the United States stronger and more energy independent,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Fraud by parties claiming such incentives threatens these important public policies. The Justice Department will vigorously prosecute those seeking to line their pockets using scams like those alleged in this indictment.”
“This morning, federal agents brought into custody individuals who allegedly operated the largest tax and securities fraud scheme in Indiana history,” said U.S. Attorney for the Southern District of Indiana Joseph H. Hogsett. “This case represents a collaborative effort on the part of law enforcement to hold fully accountable those who seek personal profit at the taxpayer’s expense.”
“The Renewable Fuel Standard Program was designed to achieve greenhouse gas emission reductions, promote energy independence and expand our nation’s renewable fuels sector,” said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance, Environmental Protection Agency (EPA). “Today’s action supports these goals by protecting the integrity of the biofuel market. Those that cheat the system are breaking the law, and undermine our commitment to protect public health and the environment.”
“We are proud to work with our federal partners to identify and investigate groups that manipulate and utilize federal government programs to line their pockets by fraud,” said Robert A. Jones, Special Agent in Charge of the FBI Indianapolis Division. “In doing so, they deceive their customers, their shareholders, and the American public. The FBI will continue the fight against this dishonest and fraudulent behavior which harms the American people and the American economy.”
“The indictments returned today send a loud message that IRS Criminal Investigation operates year round to protect the integrity of our tax system and today is a victory for the American people,” said James C. Lee, Special Agent in Charge, IRS Criminal Investigation. “Together with the cooperative efforts of our law enforcement partners, we were able to identify and vigorously investigate the fraud involved in this scheme.”
The Energy Independence and Security Act of 2007 created a number of federally-funded programs that provided monetary incentives for the production of biodiesel. A dollar-per-gallon tax credit was available only to the first person to blend the pure biodiesel (known as B100) with petroleum diesel. After the biodiesel was blended and the tax credit claimed, the resulting product was generally known in the industry as B99, meaning that it was approximately 99 percent biodiesel and 1 percent petroleum diesel. Additionally, biodiesel producers could generate and attach credits known as “renewable identification numbers” or RINs to biodiesel they produced. Because certain companies need RINs to comply with regulatory obligations, RINs have significant market value. These two incentives were available only once for any given volume of biodiesel. For these reasons, a gallon of B100 with RINs and an available tax credit was worth much more than a gallon of RIN-stripped B99. At times during the conspiracy, a gallon of B100 was worth up to $2.50 more than an equivalent gallon of B99.
Four of the defendants—Craig Ducey, Chad Ducey, Chris Ducey and Brian Carmichael— operated E Biofuels, a Middletown, Indiana company that held itself out as a producer of biodiesel from “feedstocks” such as animal fat and vegetable oils. The government alleges that these defendants conspired with Joseph Furando and Evelyn Katirina Pattison—two executives with a pair of related New Jersey-based companies that operated under the names Caravan Trading Company and CIMA Green—to purchase RIN-stripped B99 from third parties, pretend that E-Biofuels had produced that fuel at its Middletown facility and fraudulently resell that fuel to customers as B100 with RINs and an available tax credit. While the E-Biofuels facility was capable of producing B100, at times during the conspiracy it was producing no fuel of its own, but instead was simply acting as a pass-through facility for fuel purchased elsewhere.
The indictment alleges that beginning in July 2009 and continuing until May 2012, these defendants fraudulently sold more than 35 million gallons of RIN-stripped B99 to unwitting customers who paid an inflated price, thinking they were purchasing B100 with RINs and an available tax credit. All told, the customers were allegedly defrauded of more than $55 million as a result of these activities and the Internal Revenue Service was exposed to as much as $35 million in false claims.
The government alleges that the defendants delivered the fraudulently mislabeled fuel to the victims in one of three ways. In some cases, the biodiesel was transported from fuel terminals to the E-Biofuels facility in Middletown where it was unloaded into a holding tank. A short time later, the biodiesel would be reloaded into tanker trucks and delivered to unsuspecting customers along with fraudulent paperwork that misidentified it as B100 with RINs produced by E-Biofuels. On other occasions, the truck drivers did not unload the fuel when they arrived at Middletown plant. Instead, they simply picked up paperwork falsely stating that the truck contained a load of B100 with RINs that originated at the E-Biofuels facility. The truck drivers referred to this procedure as “flipping a load.”
Finally, in the most egregious instances, the truck drivers hauled RIN-stripped B99 from fuel terminals directly to customers. Because these loads never went to the E-Biofuels facility they were known as “ghost loads” or “phantom loads.” In those cases, the defendants faxed or e-mailed the false paperwork to the truck drivers along their routes between the fuel terminals and the customer locations.
In May 2010, E-Biofuels was purchased by Imperial Petroleum, a publicly traded company based in Evansville. After the acquisition, E-Biofuels accounted for more than 97% of Imperial Petroleum’s operating income. Defendant Jeffrey Wilson was the president and chief executive officer of Imperial Petroleum.
The government alleges that Jeffrey Wilson and Craig Ducey knew that E-Biofuels was purchasing biodiesel from third parties instead of making its own biodiesel. They hid this fact from Imperial’s investors, shareholders and outside auditors by falsely stating that E-Biofuels produced biodiesel from chicken fat and other feedstocks. They made these and other related false statements and omissions in Imperial Petroleum’s annual and quarterly reports filed with the Securities and Exchange Commission and in written and oral communications with Imperial Petroleum’s investors and outside auditors.
If found guilty, the six individuals charged by indictment face up to 20 years in federal prison on some counts, as well as significant fines. The three companies indicted today also face significant fines and other regulatory action. The defendants were scheduled for initial appearances before a federal magistrate judge today.
An additional defendant was charged today by federal information, and has petitioned the court to enter a plea of guilty and cooperate with investigators. Brian Carmichael was charged with one count of conspiracy to defraud the United States. Carmichael has filed a petition with the court indicating his willingness to plead guilty to this charge. Carmichael faces up to five years in federal prison if convicted.The case is being prosecuted by Senior Litigation Counsel Steven D. DeBrota of the U.S. Attorney’s Office, along with Senior Counsel Thomas Ballantine of the Environmental Crimes Section in the Department of Justice’s Environment and Natural Resources Division, and Jake Schmidt, a Special Assistant U.S. Attorney of the U.S. Attorney’s Office and Senior Attorney for the Securities and Exchange Commission.
An indictment is only a charge and is not evidence of guilt. All defendants are presumed innocent and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
The collaborative investigation that led to today’s arrests was the result of work by the EPA’s Criminal Investigation Division, the Internal Revenue Service Criminal Investigation, the FBI, the Securities and Exchange Commission, as well as the U.S. Department of Agriculture and the Indiana Department of Environmental Management.Shiprock Man Pleads Guilty to Sexually Abusing a MinorRead the Press Release
ALBUQUERQUE – Leo Thompson, 54, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to sexually abusing of a minor under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Thompson will be sentenced to eight years in prison followed by a term of supervised release to be determined by the court. Thompson will be required to register as a sex offender after he completes his prison sentence.
Thompson was arrested on Jan. 29, 2013, on a criminal complaint charging him with aggravated sexual abuse of a minor. During today’s proceedings, Thompson pleaded guilty to a felony information charging him with sexual abuse of a minor and admitted engaging in a sexual act with a child between the age of 12 and 16 years. Thompson admitted penetrating the child victim’s genitals with his finger at a location within the Navajo Indian Reservation on Nov. 12, 2011.
Thompson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Sanostee, N.M., Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Donovan Isiah Sisco, 19, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning to an aggravated burglary charge under a plea agreement with the U.S. Attorney’s Office.
Sisco was arrested on March 1, 2013, on a criminal complaint charging him with unlawfully entering into a dwelling for the purpose of committing a felony and with committing a battery. He subsequently was indicted and charged with aggravated burglary and assault with intent to commit aggravated burglary in a residence located on the Navajo Indian Reservation on Feb. 8, 2013.
Today, Sisco entered his guilty plea to Count 2 of a superseding indictment charging him with assault with the intention to commit an aggravated burglary. In his plea agreement, Sisco admitted entering the victim’s home without consent and assaulting the victim by grabbing her by the hair and throwing her to the ground causing her to sustain injuries. Sisco also admitted breaking the windows at the victim’s residence as well as the windows of the victim’s vehicle.
Sisco remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sisco faces a maximum penalty of 10 years in prison followed by three years of supervised release.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
San Jose Man Pleads Guilty to Impersonating DEA Agent and Securities FraudRead the Press Release
SAN JOSE - Jonathan Hoang, of San Jose, California, pleaded guilty in federal court in San Jose on September 16, 2013, to impersonating a U.S. Drug Enforcement Agency (DEA) Agent securities fraud, announced United States Attorney Melinda Haag.
Hoang, 48, was indicted on July 25, 2012, by federal grand jury charging him with Use of a Counterfeit Seal of an Agency of the United States, in violation of18 U.S.C. § 506(a)(2); Pretending to Be an Officer of the United States, in violation of 18 U.S.C. § 912; and Possession of a Counterfeit Seal of an Agency of the United States, in violation of 18 U.S.C. § 506(a)(3). He was also charged in a Superseding Information filed on September 12, 2013, with Securities Fraud in violation of 15 U.S.C. §§ 78j(b) and 78ff and 17 C.F.R. §§ 240.10b-5.
Hoang pleaded guilty to all four counts in the Indictment and Superseding Information without a plea agreement with the United States. During the plea hearing, Hoang admitted to the factual basis for the guilty pleas to all charges.
The charges to which Hoang pleaded guilty involving impersonating a DEA Special Agent, are based on the following among other evidence: during the early morning of July 20, 2012, San Jose Police Department Officers found Hoang in a parked truck and discovered law enforcement type equipment in the truck. Upon investigation, the DEA determined that Hoang had indicated to his landlord that he worked for DEA. Hoang also indicated to his landlord that in order to do to his job with the DEA, the landlord could not run a credit check on Hoang. Hoang also provided his landlord with a drug screening report, credit check, and verification of employment from the DEA. The documents Hoang provided to his landlord included documents on purported DEA letterhead containing a DEA seal. In addition, when Hoang was arrested on July 20, 2012, the officers found a counterfeit DEA employee identification card. This document identified “Vu H. Hoang”, “Agent ID# 860501” as a Special Agent of the U.S. Department of Justice Drug Enforcement Administration. The false Identification card contained a DEA seal and a photograph of Hoang.
Hoang has never been employed as a law enforcement officer with the DEA, nor has he ever been authorized by the DEA to hold himself out as a Special Agent of the DEA.
The charge to which Hoang pleaded guilty involving securities fraud is based on the following among other evidence. On or about November 8, 2012, Hoang sold purported stock to an investor. Hoang offered to the investor 2,500 shares of stock in Utherverse Digital, Inc. that Hoang claimed to own. The investor signed a purported “Subscription Agreement” to document the sale, and gave Hoang a check for $2,500 as the purchase money for the stock. Hoang represented to the investor that Utherverse Digital operated a website called Redlight Center, Utherverse Digital was in the process of being acquired by another company, and the shares of Utherverse Digital would dramatically increase in value after the acquisition. At the time Hoang made these representations, he did not own stock issued by Utherverse Digital. Also, Utherverse Digital was not involved in negotiations with another person or entity for the acquisition of Utherverse Digital. Federal Bureau of Investigation agents found the purchase money check and purported “Subscription Agreement” in Hoang’s car on November 9, 2013, while executing a search warrant.
Hoang has been in custody since November 9, 2012.
Hoang’s sentencing hearing is scheduled for December 10, 2013, at 9:00 a.m., before The Honorable Edward J. Davila, U.S. District Court Judge, in San Jose. The following are the maximum statutory penalties for each count:
- Count One of the Indictment: 18 U.S.C. § 506(a)(2) – Use of a Counterfeit Seal of an Agency of the United States: Statutory Penalties: a maximum prison sentence of five years, a maximum fine of $250,000, a maximum period of supervised release of three years, and a $100 special assessment.
- Count Two of the Indictment: 18 U.S.C. § 912 – Pretending to Be an Officer of the United States: Statutory Penalties: a maximum prison sentence of three years, a maximum fine of $250,000, a maximum period of supervised release of one year, and a $100 special assessment.
- Count Three of the Indictment: 18 U.S.C. § 506(a)(3) – Possession of a Counterfeit Seal of an Agency of the United States: Statutory Penalties: a maximum prison sentence of five years, a maximum fine of $250,000, a maximum period of supervised release of three years, and a $100 special assessment.
- Count One of Information: 15 U.S.C. §§ 78j(b) and 78ff and 17 C.F.R. §§ 240.10b-5 – Securities Fraud: Statutory Penalties: a maximum prison sentence of 20 years, a maximum fine of $5,000,000, a maximum period of supervised release of three years, and a $100 special assessment.
However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is the result of an investigation by the FBI, the DEA, the San Jose Police Department, and Internal Revenue Service – Criminal Investigation.
(Hoang information )
(Hoang indictment )
Rochester Man Sentenced on Drug and Firearms ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tabari Facen, 36, of Rochester, N.Y., was sentenced to 41 months in prison by U.S. District Court Judge David G. Larimer, following the defendant’s convictions by a jury for possessing cocaine with the intent to distribute it and possessing ammunition while being a convicted felon. Prior to sentencing, Judge Larimer dismissed additional drug and firearms crimes for which the jury had found defendant guilty, after he concluded that there was insufficient evidence to support the jury’s verdict on those counts. The dismissed counts carried a combined statutory mandatory minimum sentence of 15 years in prison.
Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that Facen was arrested after members of the Greater Rochester Area Narcotics Enforcement Team executed a narcotics search warrant at 303 Lakeview Park on September 26, 2011. Upon entering the location, officers encountered and arrested the defendant in a bedroom on the second floor of the apartment.
In searching the apartment, law enforcement officers located and seized a small quantity of crack cocaine which was packaged for street level sale. Officers also located paraphernalia associated with drug trafficking, including glassine ziplock bags. In addition to these items, law enforcement officers located and seized a box of ammunition, which was in plain view in the same room in which officers found Facen.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, Special Agents from the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.Rochester Man Indicted for Threatening the President of the United StatesRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that a federal grand jury has returned a one-count indictment charging Christopher Ludwig, 30, of Rochester, N.Y., with threats against the President. The charge carries a maximum penalty of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the indictment, the defendant called the Monroe County Board of Elections in April 2012 and told an employee “I am going to kill him” in reference to the President of the United States.
The indictment is the culmination of an investigation on the part of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
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.Rhino Horn Trafficker Arrested and DetainedRead the Press Release
Earlier today, a federal magistrate judge in Brooklyn detained an Irish national who was arrested on Saturday and charged in a complaint for false labeling in connection with his alleged role in international rhinoceros horn smuggling in violation of the Lacey Act. The arrest and charge is a result of “Operation Crash,” a nationwide effort led by the U.S. Fish & Wildlife Service (FWS) and the Justice Department to investigate and prosecute those involved in the black market trade of endangered rhinoceros horns.
The Department of Justice filed a complaint in federal court in the Eastern District of New York alleging that Michael Slattery, Jr., a 25-year-old Irish national, fraudulently purchased a set of black rhinoceros horns in Texas and then travelled to New York and used a falsified document to sell the horns for $50,000.
The charge and arrest were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environmental and Natural Resources Division.
According to the complaint filed in on September 14, 2013, in 2010 Slattery traveled from England to Texas to acquire black rhinoceros horns. Slattery and others then used a day laborer with a Texas driver’s license as a straw buyer to purchase two horns from an auction house in Austin. The complaint charges that Slattery and his group then traveled to New York where they presented a fraudulent Endangered Species Bill of Sale and sold those two and two other horns to an individual for $50,000.According to court records and government statements made in court, Slattery is a member of The Rathkeale Rovers (also known as the “Irish Travelers”), which are tight-knit extended family groups that live a nomadic lifestyle. The group leverages the rising price for rhinoceros horns in the black market to be used for traditional medicines and carving. According to information made public by Europol, the Rathkeale Rovers have been involved in an epidemic of raids on museums in Europe in which rhinoceros horns have been stolen.
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by more than 175 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. In China, there is a tradition dating back centuries of intricately carved rhinoceros horn cups. Drinking from such a cup was believed to bring good health and such carvings are highly prized by collectors. As a result of this demand, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to more than 618 in 2012.
The charge in the complaint is merely and allegation, and the defendant is presumed innocent unless and until proven guilty. The government’s case is being prosecuted by Assistant U.S. Attorney Julia Nestor of the Eastern District of New York and Trial Attorney Gary N. Donner of the Justice Department’s Environmental and Natural Resources Division.
Rhino Horn Trafficker Arrested and DetainedRead the Press Release
Earlier today, a federal magistrate judge in Brooklyn detained an Irish national who was arrested on Saturday and charged in a complaint for false labeling in connection with his alleged role in international rhinoceros horn smuggling in violation of the Lacey Act. The arrest and charge is a result of “Operation Crash,” a nationwide effort led by the U.S. Fish & Wildlife Service (FWS) and the Justice Department to investigate and prosecute those involved in the black market trade of endangered rhinoceros horns.
The Department of Justice filed a complaint in federal court in the Eastern District of New York alleging that Michael Slattery, Jr., a 25-year-old Irish national, fraudulently purchased a set of black rhinoceros horns in Texas and then travelled to New York and used a falsified document to sell the horns for $50,000.
The charge and arrest were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environmental and Natural Resources Division.
“The illicit trafficking in black rhino horns encourages the wholesale destruction of these protected animals. Slattery showed no regard for the black rhino’s tenuous hold on survival, as he allegedly used a straw buyer and fraudulent documents to convert the protected animal parts into cash. This arrest is the culmination of the dogged efforts of committed law enforcement agents to track down and root out illegal trafficking in protected wildlife,” said U.S. Attorney Lynch. “The majestic black rhinoceros is protected under the laws of this country and the international community – we stand by our obligations to defend these precious animals.” Ms. Lynch extended her grateful appreciation to the U.S. Fish and Wildlife Service Special Operations and the Department of Homeland Security for their assistance.
According to the complaint filed in on September 14, 2013, in 2010 Slattery traveled from England to Texas to acquire black rhinoceros horns. Slattery and others then used a day laborer with a Texas driver’s license as a straw buyer to purchase two horns from an auction house in Austin. The complaint charges that Slattery and his group then traveled to New York where they presented a fraudulent Endangered Species Bill of Sale and sold those two and two other horns to an individual for $50,000.
According to court records and government statements made in court, Slattery is a member of The Rathkeale Rovers (also known as the “Irish Travelers”), which are tight-knit extended family groups that live a nomadic lifestyle. The group leverages the rising price for rhinoceros horns in the black market to be used for traditional medicines and carving. According to information made public by Europol, the Rathkeale Rovers have been involved in an epidemic of raids on museums in Europe in which rhinoceros horns have been stolen.
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by more than 175 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. In China, there is a tradition dating back centuries of intricately carved rhinoceros horn cups. Drinking from such a cup was believed to bring good health and such carvings are highly prized by collectors. As a result of this demand, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to more than 618 in 2012.
The charge in the complaint is merely and allegation, and the defendant is presumed innocent unless and until proven guilty. The government’s case is being prosecuted by Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner of the Justice Department’s Environmental and Natural Resources Division.
The Defendant
Michael Slattery, Jr.
Citizenship: Irish
Age: 25Registered Sex Offender Sentenced to Federal Prison for Receipt of Child PornographyRead the Press Release
DENVER – Kris Katzenmeyer, age 51, of Broomfield, Colorado, was sentenced today by U.S. District Court Judge Robert E. Blackburn to serve 87 months (over 7 years) in federal prison for receipt of child pornography, U.S. Attorney John Walsh and Denver Division U.S. Postal Inspector in Charge Adam P. Behnen announced. Following his prison sentence, Judge Blackburn sentenced Katzenmeyer to spend 20 years on supervised release. He also will be required to register as a sex offender. The defendant appeared at the sentencing hearing in custody, and was remanded at the hearing’s conclusion.
Katzenmeyer was indicted by a federal grand jury in Denver on December 6, 2012. He pled guilty to receipt of child pornography before Judge Blackburn on June 20, 2013. He was sentenced on September 18, 2013.
According to court documents, including the indictment and the stipulated facts contained in the plea agreement, in October 2010, the United States Postal Inspection Service (USPIS) and a Foreign Law Enforcement Agency began an investigation into a movie production company that operated a website offering DVDs and streaming videos (films) of child pornography for sale. On numerous occasions in 2011, USPIS Inspectors conducted undercover purchases of DVDs via the international company’s online ordering system. Law enforcement determined that the international company had a shipping facility located in the state of New York and that the undercover online orders were transferred from the international company to this New York based shipping facility for fulfillment.
A review of the international company’s business records, recovered pursuant to a lawfully obtained search warrant during the investigation, identified customer Kris Katzenmeyer, the defendant, who was living in Northglenn, Colorado. The defendant used the internet to purchase 49 films from the international company’s website between November 24, 2006 and April 29, 2011. The defendant received all of the films as they were delivered to him through the U.S. Mail.
During the investigation it was determined that the defendant volunteered at a local church, working on the church’s website and teaching computer classes. During a subsequent interview, the defendant stated that he had physical contact with a minor child on three occasions between 2009 and 2012.
“This investigation originated from information received from overseas law enforcement partners, which demonstrates that the Department of Justice, and the U.S. Attorney’s Office, working closely together with our law enforcement partners, will now allow international boundaries to prevent us from conducting criminal investigations, especially when they pertain to the exploitation of our children,” said U.S. Attorney John Walsh.
“Protecting children from these crimes is a top priority for the U.S. Postal Inspection Service,” said Denver Division U.S. Postal Inspector in Charge Adam P. Behnen. “This prison sentence should put all types of child predators on notice that serious consequences await those who seek to exploit children via the U.S. Mail.”
This case was investigated by the U.S. Postal Inspection Service (USPIS).
The defendant was prosecuted by Assistant U.S. Attorney Alecia Riewerts Wolak.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/ For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
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Public Relations Firm Employee Sentenced to 18 Months in Federal Prison for Embezzling More Than $772,000 from EmployerRead the Press Release
DALLAS — Marci Johnson, 46, of Kaufman, Texas, was sentenced today by U.S. District Judge Jorge A. Solis to 18 months in federal prison for embezzling more than $772,000 from her employer, Spaeth Communications. Judge Solis also ordered that Johnson serve a one-year term of supervised release with the first six months served in home confinement with electronic monitoring. The Court also ordered that Johnson pay restitution of $772,829. Prior to sentencing, Johnson paid the full amount of restitution to the clerk’s registry, and Judge Solis, as part of sentencing, ordered that the money be disbursed to the victim. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Johnson pleaded guilty in June 2013 to an Information charging one count of mail fraud. According to documents filed in the case, from at least August 2003 to March 2011, Johnson embezzled $772,829 from Spaeth Communications of Dallas. During part of that time, Johnson was the company’s Chief Administrative Officer, and in that role, had access to its company checks and company credit cards. Based on her long-standing working relationship with the company’s owner, Johnson occupied a position of trust that provided her substantial discretion over the company’s bank accounts.
Johnson admitted using her corporate American Express card for numerous personal charges, such as dining, department stores and entertainment. In addition, she used company checks to pay for outstanding charges on the company’s American Express bill, including charges she made for personal expenses. She also wrote company checks to cover charges on her personal credit cards. In fact, Johnson admitted that she wrote company checks to Citibank, her personal credit card provider, to cover the cost of an outdoor deck, hot tub, outdoor granite countertops and grill at her personal residence in Kaufman and caused false entries to be made in the company’s accounting software to prevent others from discovering her fraudulent purchases.
The investigation was conducted by the U.S. Postal Inspection Service and the FBI. Assistant U.S. Attorneys J. Nicholas Bunch and P. J. Meitl prosecuted; Assistant U.S. Attorney Melissa Childs handled the forfeiture.
President of Tivest Sentenced to Fifty Months in Prison for Fraud Related to the Bank of the CommonwealthRead the Press Release
NORFOLK, Va. – Dwight A. Etheridge, 49, of Chesapeake, Virginia, was sentenced today to fiftymonths in prison, followed by five years of supervised release, for conspiracy to commit bank fraud, bank fraud, false statements to a financial institution, and aiding and abetting misapplication of bank funds.
Kathleen M. Kahoe, Acting United States Attorney for the Eastern District of Virginia; Royce E. Curtin, Special Agent in Charge of the FBI’s Norfolk Field Office; Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office (IRS-CI); Christy L. Romero, Special Inspector General for the Troubled Asset Relief Program (SIGTARP); Jon T. Rymer, Inspector General of the Federal Deposit Insurance Corporation (FDIC-OIG); and Mark Bialek, Inspector General of the Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau (Fed-CFPB-OIG) made the announcement after sentencing by United States District Judge Raymond A. Jackson.
Etheridgewas found guilty after a lengthy, ten week, jury trial on May 24, 2013. The evidence presented at trial demonstrated that Etheridge, President of Tivest Development & Construction, LLC, and other corporate entities, conspired with numerous Bank of the Commonwealth (“Bank”) insiders to engage in an illegal reciprocal relationship where he performed favors to mask the Bank’s loan losses in exchange for preferential treatment. For example, at the request of Bank insiders and to prevent losses related to a failing loan, Etheridge arranged for Tivest to purchase a construction project located at 310 24th Street in Virginia Beach. The Bank gave Tivest a $4.1 million loan to purchase and renovate this property. During the funding of this loan, Etheridge caused fraudulent construction draws to be submitted to the Bank which certain Bank insiders funded without inspecting whether Etheridge had completed the work. In one draw request, Etheridge requested monies for a “final clean” when the project stood as an empty shell wrapped in building wrap. Etheridge used construction loan proceeds to make payments on his other loans at the Bank, to support his staffing company, Genesis Staffing, to obtain thousands of dollars in cash, to make political donations, and to make charitable contributions.
In exchange for performing this favor, Edward Woodard, Stephen Fields and Jeremy Churchill allowed Etheridge to amass large overdrafts without question, have easy access to millions in loans, and gave his company thousands of dollars to work on bank-owned property. As a result, Etheridge was able to prop up his failing businesses and portray himself as an upstanding, effective business leader. All the while, Etheridge was attempting to convince the Norfolk City Council to allow him to build a multi-million dollar office building called the MidTown Office Tower in the heart of Norfolk.
Additionally, Etheridge also defrauded the Bank and a new market tax credit fund called Paramount Community Development Fund (“Paramount”) in connection with a construction project called the Villas at Broad Creek. After the City of Norfolk gave acres of land in the Broad Creek section of Norfolk for a nominal fee, Etheridge obtained a construction loan totaling $4,860,000 from Paramount where he promised to use the funds solely to construct a mixed use development project in the troubled Broad Creek neighborhood. Again, Etheridge caused fraudulent construction draws to be submitted to the Bank. Etheridge used a portion of the construction loan proceeds to support his staffing company, Genesis Staffing, to make payments on unrelated, overdue loans at the Bank, to cover large overdrafts at the Bank, to make political donations and to make charitable contributions.
At the end of 2010, after the Bank could no longer fund loans to Etheridge, his businesses collapsed. Etheridge defaulted on millions of dollars of loans at Paramount and the Bank, laid-off his employees at Tivest, and he declared personal bankruptcy. As a result of the Bank’s failure, the Federal Deposit Insurance Corporation currently has suffered $333 million in losses to date.
The investigation was conducted by the FBI’s Norfolk Office, IRS-CI, SIGTARP, FDIC-OIG, and Fed-CFPB-OIG. Assistant United States Attorneys Melissa E. O’Boyle, Katherine Lee Martin, and Uzo Asonye prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Pollock Prisoner Convicted of Assaulting Fellow InmateRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that John Waller, 41, of New Rochelle, N.Y., was found guilty Tuesday by a federal jury of attacking a fellow inmate with a makeshift knife. United States District Judge Dee D. Drell presided over the trial.Waller’s trial started Monday and ended Tuesday afternoon with the jury returning the guilty verdict after deliberating for more than two hours. Based on witness testimony and documents admitted into evidence, it was established that on March 28, 2010 at the U.S. Penitentiary in Pollock, La., Waller could be seen on video in a prison common area stabbing a fellow inmate repeatedly with a makeshift knife. The assaulted inmate received puncture wounds to the upper body and was brought to a nearby hospital for treatment. Waller testified at trial. He said that he acted in self-defense, and that he was justified in committing the assault. Waller is serving a 320-month sentence on narcotics and weapons charges.
Waller faces up to 10 years in prison, a $250,000 fine, and three years of supervised release for assault with a dangerous weapon with intent to cause bodily harm. Sentencing has been set for December 19, 2013.
The FBI and U.S. Bureau of Prisons conducted the investigation. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.
Pine Ridge Man Indicted on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was indicted by a federal grand jury for kicking a man in the head during an argument and for striking an Oglala Sioux Tribe police officer in the face.
Lee Larney, a/k/a “Southern Wind,” age 32, was indicted on March 19, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, and on April 16, 2013, for Assault on a Federal Officer. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 12, 2013, and pled not guilty to the Indictments.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine. The charges are merely accusations and Larney is presumed innocent until and unless proven guilty.
The investigations are being conducted by the Oglala Sioux Tribe Department of Public Safety, the Bureau of Indian Affairs Office of Justice Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the cases.
Larney was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Pennsylvania Sex Offender Sentenced for Failing to RegisterRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gregory Grove, a/k/a Gregory Kutruff, 37, Fayette, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 18 months in prison and five years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Grove is a sex offender required to register under the Sex Offender Registration and Notification Act. In June 2011, he left the State of Pennsylvania to come to the Western District of New York but failed to register as a sex offender in New York State. The defendant also failed to update his registration status with Pennsylvania authorities to advise them that he had left that state.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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 www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of the United States Marshals Service, under the direction of Marshal Charles Salina.Pennsylvania Man Charged with Traveling to Have Sex with Minor FemaleRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Federal Grand Jury also returns drug and gun indictments
MARTINSBURG, WV – A Warfordsburg, Pennsylvania, man has been indicted by a federal grand jury for allegedly traveling across state lines to have sex with a minor, according to United States Attorney William J. Ihlenfeld, II.
ANTHONY ALLEN PENNINGTON, age 24, is charged with transporting a minor female from Berkeley Springs, West Virginia, to the Commonwealth of Pennsylvania and engaging in sexual activity with her on May 18, 2013. PENNINGTON faces one count of “Transportation in Interstate Commerce of Minor for Purposes of Engaging in Sexual Activity,” and one count of “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.” If convicted, PENNINGTON faces up to life in prison on the transportation count and up to thirty years in prison on the traveling count.
PENNINGTON, who is being held at the Eastern Regional Jail, will appear in federal court for an initial appearance. The case was investigated by the Morgan County Sheriff’s Department.
In addition, the following indictments were also returned:
NICHOLAS JAMES HALL, age 22, of Martinsburg, was charged with two counts of “Distribution of Crack Cocaine,” one count of “Possession with Intent to Distribute Crack Cocaine,” two counts of “Possession with Intent to Distribute Heroin,” and two counts of “Felon in Possession of Firearms and Ammunition.” The U.S. Attorney’s office is seeking to forfeit $5,898 in U.S. currency as well as firearms and ammunition seized by law enforcement officers. If convicted, HALL faces up to 30 years in prison on each of the drug charges and up to 10 years in prison on each of the firearms charges. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
THEOFANIS MAVROUDIS, age 45, of Charles Town, West Virginia, was charged with “Failure to Register as Sex Offender” from April 2012 to November 21, 2012, in Charles Town, West Virginia. If convicted, MAVROUDIS faces up to ten years in prison. This case was investigated by the United States Marshals Service.
The PENNINGTON, HALL and MAVROUDIS cases will be prosecuted by Assistant United States Attorney Jarod J. Douglas.
BRANDON L. WHITE, age 29, of Martinsburg, was charged with one count of “Stealing Public Money” and two counts of “False Statement.” The Indictment charges WHITE with providing false travel vouchers to the VA Medical Center for reimbursement for travel from a false address in Augusta, West Virginia, in the approximate amount of $10,076.58. If convicted, WHITE faces up to ten years in imprisonment on the stealing public money charge and five years in prison on the false statement charges. This case will be prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the Veterans Administration, Office of Inspector General, Criminal Investigations Division.
DONNIE COLLINS, age 28, was charged with three counts of “Distribution of Heroin,” one count of “Possession with Intent to Distribute Heroin,” and one count of “Felon in Possession of Firearms.” The U.S. Attorney’s office is seeking to forfeit three firearms seized by law enforcement officers. If convicted, COLLINS faces up to 20 years in prison on each of the drug charges and up to 10 years in prison on the firearms charges.
CODY ASHBY, age 21, of Martinsburg, was charged with “Felon in Possession of a Firearm.” The U.S. Attorney’s office is seeking a firearm and ammunition seized by law enforcement officers. If convicted, ASHBY faces up to 10 years in prison.
These case were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
RENE GONZALEZ-BERMUDEZ, was charged with “Illegal Reentry After Removal.” If convicted, GONZALEZ-BERMUDEZ faces up to two years imprisonment. The case was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
The COLLINS, ASHBY and GONZALEZ-BERMUDEZ cases will be prosecuted by Assistant United States Attorney Paul T. Camilletti.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Owner of McFarland Tax Co. and Employee Indicted in Conspiracy to Defraud United StatesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Chauncee McFarland, 35, and Kenyatta Hubbard, 32, both of Rochester, N.Y., have been charged in a 74-count indictment with conspiring to defraud the United States by submitting false income tax returns, and with submitting false income tax returns to the Internal Revenue Service. The charges carry a maximum sentence of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Chauncee McFarland owned and operated McFarland Tax Company, a tax return preparation business. Hubbard was employed by McFarland. Together, the two defendants conspired to abuse the Earned Income Tax Credit by submitting false income tax returns and fake Forms W-2 on behalf of their clients. According to the indictment, the defendants prepared and submitted 73 fraudulent income tax returns, netting more than $442,000 in criminal proceeds. McFarland and Hubbard kept approximately half of the money for themselves, and gave the remainder to their clients.
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.
The indictment is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni M. Weirauch.Owner of Home Health Agency That Defrauded Medicare Ordered to Pay $14.9 Million – Three Times the Losses Caused by SchemeRead the Press Release
LOS ANGELES – A federal judge has ordered the owner of a home health agency that operated in the Westlake District of Los Angeles to pay nearly $15 million – or approximately three times the losses suffered by Medicare as a result of the company’s illegal practices.
United States District Judge Stephen V. Wilson previously issued a $14,902,832 default judgment against Hee Jung Mun, the former owner and operator of GreatCare Home Health Agency, who was commonly known as Angela Mun. The judgment resolves a “whistleblower” lawsuit filed by GreatCare’s receptionist.
The judgment against Mun and the conclusion of the whistleblower lawsuit was announced today when the U.S. Marshals service transferred to the United States Treasury $1,297,958 that was seized in March 2011 when federal agents executed a search warrant at GreatCare and executed seizure warrants on GreatCare’s and Mun’s bank accounts.
GreatCare paid kickbacks to physicians and others to induce them to refer patients to GreatCare in a $5 million Medicare fraud scheme.
In January 2012, Mun pleaded guilty to healthcare fraud charges for her central role in a scheme that paid kickbacks to physicians and marketers who referred patients to GreatCare (see: http://www.justice.gov/archive/usao/cac/Pressroom/2012/008.html). As part of the scheme, Medicare beneficiaries were also paid to sign up for GreatCare’s service, even though many of them were not eligible for home health services. GreatCare billed Medicare for services that were not rendered, were unnecessary, and/or were performed by unlicensed personnel. Mun is currently scheduled to be sentenced in February.
In June, one of the physicians who received kickbacks for referring patients to GreatCare and signed false certificates of medical necessity – Dr. Dong Shin – agreed to pay the United States $217,810 to resolve his civil liability for his role in the scheme. The settlement amount was based upon Dr. Shin’s assessed ability to pay. Shin has paid $150,000 and has agreed to make monthly payments until the balance is paid off.
Also in June, Seonweon Kim, a physical therapist at GreatCare, agreed to pay the United States $205,000 to resolve his civil liability for his participation in the scheme. Kim pleaded guilty last year to healthcare fraud and admitted that he created false physical therapy notes that falsely indicated he had provided various services to patients. Kim is also scheduled to be sentenced early next year. Kim has already paid $85,000 of the settlement amount; the remainder will be paid in monthly installments.
Another referring physician, Dr. Whan Sil Kim, pleaded guilty to receiving kickbacks and was sentenced last year to one year and one day in prison. In March, the Court entered a consent judgment against Dr. Kim pursuant to which she agreed to pay the United States $1,088,799 to resolve her liability in the civil action.
The judgment against Mun – which was filed by Judge Wilson on July 23 – and the settlements resolve the civil lawsuit United States ex rel. Kim v. GreatCare Home Health Agency, et al., a “whistleblower” lawsuit that alleged GreatCare billed Medicare for thousands of home health visits that were not rendered and/or were medically unnecessary. The lawsuit further alleged that GreatCare executed the scheme by recruiting Medicare beneficiaries and paying kickbacks to the beneficiaries and to doctors to induce referrals for home health services.
The Medicare fraud scheme came to light in March 2010 when GreatCare’s then-receptionist, Misha Kim, filed the qui tam lawsuit under the federal False Claims Act. United States District Judge Stephen V. Wilson unsealed the whistleblower lawsuit in October 2011. The United States did not intervene in the lawsuit, but actively participated in settlement negotiations and coordinated extensively with Relator’s counsel in bringing this case to completion.
The civil case was investigated by the Federal Bureau of Investigation and the Office of Inspector General of the U.S. Department of Health & Human Services.
Release No. 13-116
Oncologist Charged in Superseding Indictment with Medically Unnecessary Cancer Treatments SchemeRead the Press Release
Dr. Farid Fata was charged in a superseding indictment in the Eastern District of Michigan for a health care fraud scheme involving the administration of medically unnecessary drugs, including chemotherapy, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS). The superseding indictment adds eleven additional health care fraud counts, a count of conspiracy to receive and pay kickbacks as well as one count of naturalization fraud. Criminal forfeitures are also sought in the indictment.
According to court documents, Dr. Fata was the owner of Michigan Hematology Oncology, P.C. (MHO), a Michigan hematology and oncology practice that did business at multiple locations and billed multiple health care providers, including Medicare, Blue Cross Blue Shield of Michigan, Health Alliance Plan and Aetna. Beginning in August 2007 and continuing through July 2013, Dr. Fata is alleged to have submitted or caused the submission of false and fraudulent claims for services that were not medically necessary, including claims for (a) administering chemotherapy and other cancer treatments to patients whose medical conditions did not support the treatments; (b) administering intravenous immunoglobulin therapy to patients whose medical conditions did not support the therapy; and (c) administering intravenous iron treatments to patients who were not iron deficient.
For Medicare alone, from in or around August 2007, through in or around July 2013, MHO submitted approximately $225 million in claims to Medicare, of which approximately $109 million was for chemotherapy or other cancer treatment drugs. Of the approximate $225 million, Medicare paid over $91 million, of which over $48 million was for chemotherapy or other cancer treatment drugs. Dr. Fata is alleged to have submitted and caused MHO to submit claims for years of medically unnecessary treatments including repeated and unnecessary chemotherapy and cancer drug treatments for individuals who did not, in fact, have cancer. One patient who did not have cancer received approximately 155 chemotherapy treatments over a period of approximately two and a half years.
The indictment also alleges that Dr. Fata engaged in a scheme to unlawfully enrich himself through the solicitation and receipt of kickbacks in exchange for the referral of services and arranging for the furnishing of services, including home health care services and hospice services.
In addition, Dr. Fata is alleged to have procured his naturalization unlawfully by falsely stating on his application for naturalization that he never committed a crime or offense for which he was not arrested when in fact Dr. Fata then well knew he had, as of March 10, 2008, committed crimes of health care fraud.
Upon conviction, each of the health care fraud counts carries a maximum term of imprisonment of 10 years. The kickback conspiracy carries a maximum term of imprisonment of 5 years. The naturalization fraud carries a maximum term of imprisonment of 10 years, with the additional penalty that the order admitting the defendant to citizenship must be voided, and the certificate of naturalization must be cancelled.
Please contact the United States Attorney’s Office Victim Information Line at 888-702-0553 to access information relating to scheduled court events and procedures for requesting copies of patient files. Updates will be posted as information becomes available.
The case is being prosecuted by Fraud Section Assistant Chief Catherine K. Dick and Deputy Chief Gejaa T. Gobena, as well as Assistant United States Attorneys Wayne Pratt and Sarah Resnick Cohen. The investigations were conducted jointly by the FBI and HHS-OIG, as part of the Medicare Fraud Strike Force, supervised by the U.S. Attorney's Office for the Eastern District of Michigan and the Criminal Division's Fraud Section.
Since its inception in March 2007, strike force operations in nine locations have charged more than 1,330 defendants who collectively have billed the Medicare program for more than $4 billion. In addition, HHS’s 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, go to: www.stopmedicarefraud.gov.
Ocala Woman Sentenced to Federal Prison for Medicaid FraudRead the Press Release
Tampa, FL - U.S. District Judge James S. Moody, Jr. today sentenced Tiffany McIntyre (34, Ocala) to three years in federal prison for committing health care fraud and aggravated identity theft. As part of her sentence, the court ordered restitution and entered a money judgment in the amount of $128,051.76, the proceeds of the health care fraud. McIntyre pleaded guilty on June 3, 2013.
According to court documents, McIntyre engaged in a scheme to defraud the State of Florida Medicaid Program ("Medicaid") by billing for services that were not rendered, using the identities of Medicaid recipients without their knowledge or permission. Medicaid, a federal health insurance program that provides coverage for indigent persons, children, and certain disabled individuals, is funded through federal and state tax revenue.
In August 2009, McIntyre was issued an Adult Family Care Home license by the Agency for Health Care Administration (AHCA). The license allowed her to operate an adult family care home in Ocala. She also submitted an application to become a Medicaid Provider to AHCA, requesting approval to provide daily living assistance as an assistive care provider, in her Ocala adult care family home, to Medicaid recipients who are not able to function by themselves. For a period of time in 2009 and 2010, McIntyre provided some of these services. Thereafter, she submitted false claims to Medicaid for assistive care services for Medicaid recipients who never resided at her adult family care home. From January 2011 through at least September 2012, McIntyre submitted false and fraudulent claims to Medicaid in the amount of approximately $148,681, using the identities of Medicaid recipients without their knowledge or authorization. McIntyre was paid a total of $128,051.76 by Medicaid for these false and fraudulent claims.
This case was investigated by Department of Health and Human Services and the Medicaid Fraud Control Unit of the Office of the Florida Attorney General. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Ocala Dentist Convicted on Counts of Failure to File Income Tax ReturnsRead the Press Release
Ocala, Florida - Acting United States Attorney A. Lee Bentley, III announces that yesterday a federal jury found Thomas W. Harter, D.M.D. guilty of six counts of willful failure to file income tax returns for the years 2006 through 2011. Harter faces a maximum penalty of six years in federal prison. His sentencing hearing has not yet been set. Harter was charged in a superseding information on April 16, 2013.
According to evidence and testimony presented at trial, Harter stopped filing income tax returns in 2000. From 2006 through 2011, Harter received gross income from his dental practice of at least $1,709,230.00, and he filed no tax returns and paid no income taxes for those years.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistant from Special Enforcement Program Revenue Agents of the Internal Revenue Service. It is being prosecuted by Assistant United States Attorney Samuel D. Armstrong.
Obama Administration Announces a Coordinated Effort to Protect Consumers by Preventing and Detecting Potential Fraud in the Health Insurance MarketplaceRead the Press Release
Today, Attorney General Eric Holder, Health and Human Services (HHS) Secretary Kathleen Sebelius, and Federal Trade Commission (FTC) Chairwoman Edith Ramirez met at the White House to kick off a comprehensive interagency initiative to prevent, protect against, and where necessary prosecute consumer fraud and privacy violations in the Health Insurance Marketplace. Representing key state partners in this critically important effort to protect consumers were Maryland Attorney General Douglas Gansler and Kansas Insurance Commissioner Sandy Praeger. Senior White House officials also attended the meeting.
Meeting participants reaffirmed their ongoing commitment to protect consumers from potential threats in this area. Building on a successful infrastructure that already exists, the interagency officials highlighted the following new initiatives: 1) the dedication of the Marketplace Call Center as a resource and referral to FTC for consumer fraud concerns, with trained Call Center staff to effectively refer consumer threats and complaints; 2) connecting consumers to FTC’s Complaint Assistant through HealthCare.gov; 3) development of a system of routing complaints through the FTC’s Consumer Sentinel Network for analysis and referral as appropriate; 4) establishment of a rapid response mechanism for addressing privacy or cybersecurity threats and; 5) ramping up public education to empower consumers and assisters to know the facts and avoid scams.
“Today we are sending a clear message that we will not tolerate anyone seeking to defraud consumers in the Health Insurance Marketplace,” said Health and Human Services Secretary Sebelius. “We have strong security safeguards in the Marketplace to protect people’s personal information against fraud and we will work with our partners to aggressively prosecute bad actors, just as we have been doing in Medicare, Medicaid and the Children’s Health Insurance Program.”
The experienced and dedicated professionals at HHS, DOJ and FTC, together with their state and local partners, are ready to anticipate and respond to the law enforcement challenges that may arise with the launch of the Marketplace. They will be using tried and tested methods for combatting fraud associated with other government programs, so that consumers can confidently and securely shop for affordable health insurance beginning on October 1.“I am proud of the proactive approach that the Justice Department is taking with our colleagues at HHS and FTC, and with the state law enforcement community, to prevent and detect consumer fraud in the Health Insurance Marketplace,” said Attorney General Eric Holder. “Going forward, we intend to share information, work cases, and hold wrongdoers accountable as we always do. We plan to use our tried-and-tested collaborative methods to ensure that we can identify trends and take swift action against those seeking to take advantage of consumers.”
Consumers who report that their personal information may have been compromised will be given information about steps to take to prevent or respond to identity theft. If a consumer reports suspected fraud, his or her complaint will be entered into the FTC’s Consumer Sentinel Network database, which is used by federal and state law enforcement agencies to track potential fraud activity. Federal law enforcement officials will be able to monitor complaint activity for trends within and across all 50 States."At the FTC, we know all too well how scammers invariably try to take advantage of developments in the marketplace and new government programs," said FTC Chairwoman Edith Ramirez. "We will be vigilant as always in cracking down on this type of opportunistic fraud."
Consumer fraud experts from across state and federal agencies will continue to meet on a regular basis to monitor potential fraud associated with the Marketplace and ensure the strength of preventive measures.
“State Attorneys General have extensive experience working proactively with our Federal law enforcement partners to anticipate and respond to consumer fraud,” said Maryland Attorney General Douglas Gansler. “We look forward to continuing to partner with the Justice Department, the FTC, and HHS to educate consumers, investigate cases, identify patterns associated with different types of fraud, and hold scammers accountable.”
Steps have already been initiated to prevent and respond to individuals attempting to take advantage of the public during health care implementation. These measures include:
• Reporting fraud mechanism: A new feature of the Marketplace Call Center (1-800-318-2596, TTY 1-855-889-4325) will now enable individuals to report fraud simply by calling the 1800 number. Call Center operators have been trained to take a fraud complaint, and refer them to FTC’s Consumer Sentinel Network.
• Creating new pathways: HealthCare.gov offers easy access to connect consumers to FTC’s Complaint Assistant.
• Establishing a routing system for complaints through a centralized database: Routing complaints through the Sentinel Network will ensure Federal, state and local law enforcement have access to consumer complaints and can analyze and refer those complaints as appropriate.
• Protecting personal data: Building on the certification of the Health Insurance Marketplace’s data hub on September 6, 2013 as in compliance with the stringent security, privacy and data flow standards developed by the National Institute of Standards and Technology - the gold standard for information and independent security controls assessment - the interagency officials have also established a rapid response mechanism that will be employed in the unlikely event of a data security breach.
• Empowering consumers with information: Building on a proactive effort to inform consumers about potential fraud and privacy threats, the federal government is releasing new educational materials to empower consumers and assisters who are helping consumers navigate the Marketplaces. They include online tip sheets like Protect Yourself from Fraud in the Health Insurance Marketplace and Tips for Assisters to Help Consumers Navigate the Marketplace. The materials remind consumers that there is free assistance available to navigate the Marketplace and that they should be suspicious of persons who ask for a fee before providing assistance.
In addition, the FTC and DOJ are hosting events this week in anticipation of the launch of the Marketplace: • Thursday, September 19th, the FTC, will host a roundtable in Washington, DC to discuss how to empower and protect consumers from scammers with the advent of the Health Insurance Marketplace. The roundtable will bring together experts on the health care law, federal and state consumer protection officials, representatives of legal services and community-based organizations, and consumer advocates to discuss key features of the law, state approaches to implementation, and how to help consumers avoid potential scams.
• Friday, September 20th, DOJ will host a law enforcement meeting to convene state and local officials. This meeting is part of ongoing efforts urging state AGs to work with HHS and federal, state, and local law enforcement to mount a substantial outreach campaign to educate consumers about how to prevent scams and fraud and protect their personal information in the Marketplace.
These comprehensive preventive and detection efforts build on the extensive experience and federal, state and local intergovernmental infrastructure that has protected consumers from fraud.
• Since its creation in 1997, the HHS Senior Medicare Patrol has educated to more than 28 million Medicare beneficiaries and counseled more than 1.3 million individuals about specific concerns, one-on-one. Coupled with other outreach efforts, Medicare’s toll-free customer service operations sent nearly 45,000 inquiries to law enforcement partners for fraud investigations in 2012 alone. These direct-from-consumer leads ultimately supported the Administration’s work to prosecute criminals, returning $6.7 billion to the Medicare Trust Fund in the last four years.
• In the last several years, the FTC’s Bureau of Consumer Protection has put a stop to over 50 health fraud scams, government grant schemes, and mortgage relief services frauds, and has independently secured nearly $6 million in monetary relief for consumers. The Bureau conducts investigations, sues companies and people that violate the law, and works to educate consumers and businesses about their rights and responsibilities. The Bureau coordinates its work in these areas with Federal, state and local partners.
• Over the last four years, DOJ has successfully prosecuted over four thousand defendants in identity theft and aggravated identity theft cases, and convicted over 200 defendants in advance fee fraud cases, over 500 defendants in consumer fraud cases, and over 100 defendants in telemarketing fraud cases.
For more information on CMS’s efforts to protect consumers in the Marketplace, please visit: http://www.cms.gov/Newsroom/MediaReleaseDatabase/Fact-Sheets/2013-Fact-Sheets-Items/2013-09-18.html
North Wilmington Man Sentenced to Six Years in Prison for Receipt of Child PornographyRead the Press Release
Jason Jay Mills, age 36, of Wilmington, Delaware, was sentenced today to six years in prison for receipt of child pornography via a website discovered by Italian law enforcement authorities. Mills also was sentenced to five years of supervised release following his prison sentence. He also will be required to register as a sex offender in any jurisdiction in which he lives, works, or attends school. United States Attorney Charles M. Oberly, III made the announcement following Mills’ sentencing hearing before United States District Judge Richard G. Andrews.
According to statements made at today’s hearing and documents filed in court, Mills was a user of a child pornography website discovered by the National Centre for Combating Pedophilia Online (Centro Nazionale per il Contrasto alla Pedopornografia On-line, or C.N.C.P.O.) located within the Italian State Police Postal and Communication Service. After executing a search warrant on the website servers, the C.N.C.P.O. was able to identify over 900 U.S.-based users of the website. The C.N.C.P.O. provided the identities of these users to the U.S. Department of Homeland Security, Homeland Security Investigations, which has been conducting investigations of the identified individuals across the United States.
On November 30, 2012, Wilmington-based Homeland Security Investigations agents arrested Mills and searched his North Wilmington residence, which was located just two blocks from Carrcroft Elementary School. They found computers containing over 40,000 still images and movies of some of the most graphic and violent depictions of child sexual abuse uncovered by investigators who routinely work child pornography cases in Delaware. The images featured mostly infants, toddlers and girls under age 8 being violently raped and assaulted. In some images, the children appear to be deceased following the violent sexual abuse. One image depicts a prepubescent girl with the following words over her naked torso: CHILD PORNOGRAPHY
BEHIND EVERY PICTURE IS
A CHILD HAVING A HELL OF
A GOOD TIME!
In addition to the computers containing extremely violent child pornography featuring girls of elementary school age and younger, federal agents also found various dolls the size of toddlers, some of which had been used as sexual props or mutilated, in Mills’ residence. Located with the computer equipment to which Mills downloaded tens of thousands of images of violent sexual abuse was a cache of assault weapons that Mills legally owned, including AR-15, M-4, and AK-47 assault rifles.
Following the sentencing hearing, United States Attorney Charles M. Oberly, III thanked the Department of Homeland Security and the Italian State Police Postal and Communication Service for their collaborative efforts to work across an ocean to protect children: “Two weeks before the tragedy that occurred at Sandy Hook Elementary School, in Newtown, Connecticut, HSI agents removed Mills from his residence located two blocks from a local elementary school. Mills, who openly expressed his hatred of children to investigators, was fixated on imagery depicting depraved violence inflicted upon school-aged girls and young women, and he was armed with a cache of some of the most fearsome assault weapons legally available for purchase by private citizens, including the same model rifle used in the Sandy Hook tragedy. We are extremely grateful that the excellent work of our Homeland Security agents and our Italian law enforcement partners led to his arrest before he could harm children in ways beyond his online victimization of those depicted in the horrific images that he spent over a decade collecting.”
This case is being investigated by the United States Department of Homeland Security, with assistance from Italy’s Centro Nazionale per il Contrasto alla Pedopornografia On-line, which is part of the Italian State Police Postal and Communication Service. This case is being prosecuted by Assistant United States Attorney Edward J. McAndrew.
For more information about reporting online child exploitation to the national CyberTipline, visit the National Center for Missing and Exploited Children’s website at: www.missingkids.com. For more information about the United States Department of Justice’s Project Safe Childhood program, visit http://www.justice.gov/psc/.New York Man Pleads Guilty to over $300,000 in Credit Card FraudRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that Werawat Isaraphanich (38, Bronx, New York) today pleaded guilty to access device fraud. Isaraphanich faces a maximum of 15 years in federal prison. A sentencing date has not yet been set. As part of his plea agreement, Isaraphanich has agreed to forfeit more than$176,000 that is being held in two accounts. These funds will be returned to the victims as partial payment toward their losses.
According to court documents, Isaraphanich used stolen credit card numbers to purchase tickets from Walt Disney World, Universal Studios, StubHub, and Ticket Master. He then sold the tickets at a discount. To purchase the tickets, Isaraphanich used software that generated a fictitious caller ID, which allowed him to mask the telephone number that he was using when he called to purchase the tickets and other items. Between April 2010 and June 2013, Isaraphanich made approximately 1,800 calls using fictitious caller IDs, and used more than 100 stolen credit card numbers to make fraudulent purchases. As part of his scheme, Isaraphanich attempted over $1.1 million in fraudulent credit card transactions, with victims suffering more than $323,000 in actual losses.
This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
New Orleans Woman, Rachell Thomas, Sentenced for Conspiracy to Commit Wire Fraud in Aftermath of Bp Oil SpillRead the Press Release
RACHELL THOMAS, age 37, of New Orleans, Louisiana, was sentenced today before U.S. District Court Judge Stanwood R. Duval, Jr. to 12 months and one day imprisonment for conspiracy to defraud the Gulf Coast Claims Facility (GCCF) in the aftermath of the BP oil spill, announced U.S. Attorney Dana J. Boente. In addition to the term of imprisonment, THOMAS was ordered to pay restitution in the amount $8,000 and be placed on three years of supervised release following her imprisonment.
The GCCF made disaster assistance money available to individuals affected by the oil spill resulting from the Deepwater Horizon explosion in the Gulf of Mexico. The GCCF required individuals to verify loss of income. According to court documents, THOMAS and approximately 22 co-conspirators created claim forms in which they falsely claimed to work for seafood restaurants and to have suffered financially through lost employment as a result of the Deepwater Horizon incident. To support these fraudulent claims, THOMAS created false earnings statements and letters from fictitious restaurants and faxed them to the GCCF during September and October 2010. THOMAS and the other conspirators attempted to defraud the GCCF of a total of $188,500. THOMAS obtained $8,000 as a result of the scheme.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Chandra Menon.
New Orleans Man, Davis Norman, Iii, Sentenced to 2 Years for Manufacturing and Selling Counterfeit Motion Pictures and Musical AlbumsRead the Press Release
DAVIS NORMAN, III, age 36, a resident of New Orleans, Louisiana, was sentenced today before U.S. District Court Judge Stanwood R. Duval, Jr. to 24 months in prison followed by 3 years of supervised release after previously pleading guilty to a Bill of Information charging him with criminal infringement of a copyright, announced U.S. Attorney Dana J. Boente.
According to court documents, an investigation revealed that NORMAN created and sold counterfeit motion pictures and musical albums using a “burner” in his home. NORMAN sold the pirated works out of the back of his car in the parking lot of 2130 North Claiborne Avenue in New Orleans for approximately $10 each. Based in part on his prior arrests for selling counterfeit goods, NORMAN was aware that his conduct was illegal. A search warrant conducted on NORMAN’S home revealed 2 CD/DVD “burners,” over 200 blank CDs and DVDs, 467 DVDs containing pirated motion pictures, and 573 CDs containing pirated music, having a total retail value of at least $12,890.53.
The case was investigated by Immigration and Customs Enforcement, Homeland Security Investigations. The case was prosecuted by Department of Justice Trial Attorney Thomas S. Dougherty of the Computer Crime and Intellectual Property Section and Assistant United States Attorney Jordan Ginsberg.
New Hampshire Woman Charged with Theft from Non-Profit OrganizationRead the Press Release
BOSTON – A New Hampshire woman was charged today for stealing from an organization that receives substantial federal funding.
Tysen Julian, 33, of East Hampstead, New Hampshire, was charged by complaint with wire fraud and theft from an organization receiving more than $10,000 in federal funds in a one year period.
The complaint alleges that from approximately October 2009 until July 2013, Julian stole about $120,000 from a nonprofit organization by submitting false expense reimbursements. The complaint further alleges that among other things, Julian forged various approval signatures in order to receive the money.
If convicted, Julian faces a maximum penalty of 20 years in prison for each count of wire fraud and 10 years in prison for each count of theft from a program receiving more than $10,000 in federal funding.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Sara Miron Bloom of Ortiz=s Economic Crimes Unit.
Nesspor Sentenced to Prison for Oxycontin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 54-year-old West Lawn, Pennsylvania resident was sentenced to one year in prison today by Senior U.S. District Court Judge Edwin M. Kosik for his role in an Oxycontin trafficking conspiracy that operated in Schuylkill and Berks County in 2011.
According to United States Attorney Peter J. Smith, Stephen Nesspor previously admitted to conspiring with at least two others to unlawfully distribute 80mg Oxycontin pills.
Nesspor was indicted by a federal grand jury in September 2011, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police.
Judge Kosik also ordered Nesspor to pay a $500 fine and a $100 special assessment. Nesspor will be on supervised release for three years after serving his prison sentence.
Two of Nesspor’s co-defendants previously entered guilty pleas in the case. Richard Law was sentenced to 15 months in prison. Michael Beaver pleaded guilty and is awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Members of Jewelry Theft Ring SentencedRead the Press Release
NEWPORT NEWS, Va. –Lucesita Argueta, 34, of Richmond, Va., was sentenced today to 108 months in prison, and Juanita Diaz, 44, of Henrico, Va., was sentenced to 12 months home confinement for their participation in a violent and highly sophisticated jewelry theft ring that operated out of Richmond, Va.
Kathleen Kahoe, Acting United States Attorney for the Eastern District of Virginia; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; and Carl J. Vasilko, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division made the announcement after sentencing by United States District Court Judge Arenda L. Wright Allen.
According to court documents, co-defendant Alexander Cuadros-Garcia, 37, from Colombia, led the organized criminal group that stole more than $4.6 million in jewelry from victims in Virginia and at least four other states, including New York, New Jersey, North Carolina, and Maryland. In March, 2012, Cuadros-Garcia, Argueta, and Diaz were charged along with five other members of the Richmond-based ring. Members regularly conducted lengthy surveillance on jewelry stores to identify vulnerable individuals and then follow their targets back to the individuals’ hotel or home.
In most of the robberies, several men would suddenly appear as the victims approached or entered their car, punch out the car’s windows, threaten the victims at knife-point and steal the victims’ merchandise. In addition, the robbers would puncture the victims’ car tires and steal their cell phone to reduce the chance of pursuit or apprehension. After a successful robbery, members of the ring would travel to New York to sell the merchandise to businessmen, who coordinated re-selling the stolen property or melting it down for future use. Members of the ring then laundered the proceeds through bank accounts and businesses.
Co-defendants Cuadros-Garcia, Leonardo Ortiz, Raul Antonio Escobar-Martinez, Luis Carlos Muchado, William Leandro Herrera-Bohorquez, and Jose Alfredo-Rivero-Garcia previously pleaded guilty for their roles in the theft ring. Escobar-Martinez and Herrera-Bohorquez were sentenced on March 7, and March 14, 2013, respectively, to serve 87 months in prison. Rivero-Garcia was sentenced on July 24, 2013, to 37 months in prison. Leonardo Ortiz’ sentencing date has not yet been set, Luis Carlos Muchado is scheduled to be sentenced on September 27, 2013, and Cuadros-Garcia is scheduled to be sentenced on October 25, 2013.
The investigation of this case was led by the ATF’s Washington Field Division, with the assistance of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the police departments in Williamsburg, Virginia Beach, Henrico County, Chesterfield, Prince William County and Fairfax County in Virginia, along with the Virginia State Police; the Baltimore County, Md., Police Department; the Port Authority of New York and New Jersey; the New York City Police Department; and the police departments in Rutherford, N.J., and Gwinnett County, Ga.; and the Morris County, N.J. Prosecutor’s Office.
Assistant U.S. Attorney Eric M. Hurt of the Eastern District of Virginia and Trial Attorney Jerome M. Maiatico of the Criminal Division’s Organized Crime and Gang Section prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Martins Ferry Man Sentenced for Cocaine TraffickingRead the Press Release
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Bridgeport, OH, sex offender convicted for failing to register
WHEELING, WEST VIRGINIA - A Martins Ferry, Ohio man was sentenced to federal prison for his role in the sale of large quantities of cocaine.United States Attorney William J. Ihlenfeld, II, announced that SHERMAN L. GRIFFIN, age 36, was sentenced to 37 months in prison and 4 years of supervised release for “Conspiracy to Distribute More than 500 Grams of Cocaine.” GRIFFIN was also ordered to forfeit $1,155 seized from him on December 19, 2012, which constitutes proceeds from the drug activity. GRIFFIN, who is free on bond, will self-report to the designated Federal institution. The case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the Ohio Valley Drug & Violent Crimes Task Force, which consists of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration.
In a separate matter, MICHAEL RUNYON, age 33, of Bridgeport, Ohio, appeared and entered a plea of guilty to “Failure to Update Sex Offender Registration.” RUNYON admitted that between January, 2013 and May, 2013, he failed to register as a sex offender as required due to his federal conviction in 2006 for “Transportation of a Minor Across State Lines for Sexual Purposes.” RUNYON faces up to 10 years in prison. The RUNYON case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Marshals Service.
Manhattan U.S. Attorney Charges Seven Additional Members and Associates of Genovese and Bonanno Organized Crime Families with Narcotics Trafficking Conspiracy and Loan SharkingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Raymond W. Kelly, the Police Commissioner of the City of New York (“NYPD”), announced today the unsealing of charges in Manhattan federal court against seven additional alleged members and associates of the Genovese and Bonanno organized crime families, including a Genovese “Capo,” for offenses including narcotics trafficking conspiracy and loan sharking. Five other defendants, including a solider in the Genovese organized crime family, were charged in a prior Indictment with narcotics trafficking.
In connection with the Superseding Indictment unsealed today, six defendants have been arrested in New York. The six defendants taken into custody today in New York were presented and arraigned in Manhattan federal court before U.S. Magistrate Judge Henry B. Pitman this afternoon. An additional defendant, ELON VALENTINE, was previously arrested on state charges and remains detained.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, these defendants, all of whom were members and associates of the Genovese and Bonanno families, operated a narcotics trafficking scheme that ran across the country and onto our streets, on one hand, and a conspiracy to make extortionate loans, on the other. This Office is committed to rooting out any and all organized crime activity wherever we find it.”
FBI Assistant Director-in-Charge George Venizelos said: “Today’s charges show that the wise guys in New York tried to take a ‘higher,’ albeit illegal, approach to make money along with their usual loan sharking ways. Allegedly, members and associates of the Genovese and Bonanno organized crime families along with their cohorts ran a large scale marijuana operation that included the transport of marijuana from California to New York. However wise they thought their alleged antics would be, today, the FBI stands with our law enforcement partners announcing charges to end this cross country drug trade.”
NYPD Police Commissioner Raymond Kelly said: “I commend the NYPD Organized Crime Investigations Division and their FBI partners in the Joint Organized Crime Task Force for seeing this case through, as well as the prosecutors in U.S. Attorney Bharara’s office for their work on this case.”
According to the allegations in the Indictments unsealed today in Manhattan federal court and other court documents and proceedings:
Narcotics Trafficking
VINCENT BASCIANO, JR., STEPHEN BASCIANO, GEORGE KOKENYEI, JOEY BASCIANO, and VALENTINE conspired to distribute hundreds, and in some cases, thousands, of pounds of marijuana. For example, KOKENYEI arranged for large shipments of marijuana to be sent from California to New York, while BASCIANO, JR., ran a marijuana route in the Bronx, New York, that distributed hundreds of pounds of marijuana.
Loan Sharking
PASQUALE FALCETTI, a “capo” in the Genovese crime family, and THOMAS JOY conspired to make extortionate loans to victims in the Bronx, New York, and elsewhere.
A chart containing the ages and charges against the defendants, as well as the maximum penalties they face is attached.
Mr. Bharara thanked the FBI and the NYPD, specifically the FBI-NYPD Joint Organized Crime Task Force, for their work in the investigation.
The case is being prosecuted by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Rebecca Mermelstein and Peter Skinner of the Organized Crime Unit are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Click here to view chart(s)
U.S. v. Vincent Basciano et al S3 Indictment
Man Sentenced to 24 Years in Prison for Distribution of Methamphetamine in Reno AreaRead the Press Release
RENO, Nev. - A California man who led a group of individuals selling methamphetamine in the Reno area, has been sentenced to 24 years in prison and five years of supervised release for his conviction on federal drug trafficking charges, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Antonio Casares-Cuevas, 30, of San Jose, Calif., was sentenced on Thursday, Sept. 12, 2013, by Senior U.S. District Judge Larry R. Hicks. Casares-Cuevas pleaded guilty in May 2013, to conspiracy to possess with the intent to distribute at least 500 grams of methamphetamine.
According to the court filings, Casares-Cuevas lived in San Jose, Calif. and made frequent trips to Reno, Nev. where he supplied persons with methamphetamine for distribution. Co-defendants Mario Perez, Javier Zaragoza, and Tony Berliner lived in Reno and either distributed methamphetamine or arranged methamphetamine transactions for Casares-Cuevas.
On Jan. 5, Feb. 22, and March 7, 2012, at Casares-Cuevas’ direction, Perez and Zaragoza sold a total of about 5½ ounces of methamphetamine to a person in Reno, who, unbeknownst to them, was a confidential source working with the DEA. The government then obtained a court order authorizing a wiretap of Casares-Cuevas’ cellular telephone. Intercepted calls revealed Casares-Cuevas’ arrangement to pick up a supply of methamphetamine from co-defendant Armando Romero at his residence in Sacramento, Calif. on April 4, 2012. On April 4, 2012, Casares-Cuevas picked up the methamphetamine and was later pulled over by California Highway Patrol Officers as he was driving on Highway 99 near the Sacramento and San Joaquin County line. The officers recovered almost two pounds of pure methamphetamine from his vehicle.
Also on April 4, 2012, agents executed a federal search warrant at Casares-Cuevas’ home in San Jose, where Casares-Cuevas resided with co-defendant Leonela Urbina, and recovered more than six ounces of methamphetamine from a shed and $13,738 in cash from his bedroom. Federal search warrants were also executed at two homes in Reno where Zaragoza and Perez resided, and from those homes, agents recovered over five more ounces of methamphetamine. A state search warrant was executed at Romero’s residence, where officers recovered approximately 1½ pounds of pure methamphetamine.
Co-defendants Armando Romero, Mario Perez, Javier Zaragoza, Leonela Urbina, and Tony Berliner, also pleaded guilty to drug trafficking charges and were sentenced to prison terms of between three and 10 years.
The case was prosecuted by Assistant U.S. Attorney James E. Keller and investigated by the Drug Enforcement Administration (DEA).Man Charged with Distributing Heroin That Caused Tuscaloosa Overdose Death SurrendersRead the Press Release
BIRMINGHAM -- Two more defendants among 49 indicted in federal court for distributing heroin have turned themselves in to authorities following a Monday law enforcement roundup, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris.
One of the men who surrendered Tuesday is HAROLD DONNELL MIMS, 31, of Birmingham, whose drug distribution charges include that he sold heroin on Feb. 21 and that "death resulted from the use of said heroin." The charge is related to the death of a 28-year-old man at a Tuscaloosa apartment complex.
The second defendant who surrendered on heroin distribution charges Tuesday is TERRANCE DESHAWN JOHNSON, 34, also of Birmingham.
Mims' and Johnson's arrests bring to 42 the number of defendants now in custody as part of a months-long Organized Crime Drug Enforcement Task Force operation to take heroin dealers off the streets. Seven defendants still are being pursued. One of those seven also is charged with selling heroin that caused a death. That case is related to the death of a 20-year-old University of Alabama student in Tuscaloosa.
The operation is part of a larger multi-agency Heroin Initiative launched early last year to attack the supply side of the growing heroin problem in the Northern District of Alabama. Multiple federal, state and local law enforcement agencies are involved in the ongoing initiative.
The public is reminded that an indictment contains only charges. It is the government's responsibility to prove a defendant's guilt, beyond a shadow of a doubt, at trial.
*NOTE: The total number of defendants in the roundup has been revised from 50 to 49.
Malian National Indicted in Brooklyn Federal Court for Murder of U.S. DiplomatRead the Press Release
An indictment was unsealed today in federal court in Brooklyn, New York, charging Alhassane Ould Mohamed, also known as “Cheibani,” a Malian citizen, with the murder and attempted murder of United States Embassy personnel stationed in Niamey, Niger in December 2000. In addition, a reward of $20,000 was announced for information that leads to the defendant’s capture.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; Lieutenant General Michael T. Flynn, Director of the Defense Intelligence Agency; and Greg Starr, Principal Deputy Assistant Secretary for Diplomatic Security, U.S. Department of State.
According to the indictment, in the early morning hours of December 23, 2000, the defendant and a co-conspirator accosted a group of employees of the United States Embassy in Niger as they left a restaurant in Niamey, Niger. Carrying a pistol and an AK-47 assault rifle, the two men approached Department of Defense official William Bultemeier as he was about to enter his car, a white sport-utility vehicle bearing diplomatic license plates clearly indicating that it belonged to the United States Embassy. The defendant demanded that Mr. Bultemeier turn over the keys to the diplomatic vehicle and used the pistol to shoot Mr. Bultemeier. Staff Sergeant Christopher McNeely, the Marine Detachment Commander for the United States Embassy in Niger at the time, ran to Mr. Bultemeier’s aid. The defendant’s co-conspirator then fired his AK-47 at Mr. Bultemeier and Staff Sergeant McNeely, hitting them both. After rifling through Mr. Bultemeier’s pockets to get the car keys, the defendant and his fellow assailant drove away in the United States Embassy vehicle.
Mr. Bultemeier died of the injuries inflicted by the gunshot wounds. Staff Sergeant McNeely survived the shooting, and later retired from the Marine Corps as a Master Sergeant.
On September 13, 2013, a grand jury in the Eastern District of New York returned a sealed indictment charging the defendant with one count of murdering an internationally protected person, in violation of Title 18, United States Code, Section 1116(a), and one count of attempting to murder an internationally protected person, in violation of Title 18, United States Code, Section 1116(a). The indictment was unsealed earlier today.
“U.S. diplomat William Bultemeier lost his life while representing his country overseas, and U.S. Marine Christopher McNeely was gravely wounded trying to protect him, all during the brazen armed carjacking allegedly perpetrated by the defendant and his confederate. The sacrifice of Mr. Bultemeier and the courage of Staff Sergeant McNeely in service to their country will not be forgotten. The United States will work ceaselessly to bring those who harm our diplomats and military personnel to justice,” stated United States Attorney Lynch. Ms. Lynch expressed her grateful appreciation to the governments of Niger, Mali and Algeria for their substantial assistance and cooperation in connection with this investigation. The FBI and the State Department’s Bureau of Diplomatic Security are currently coordinating with foreign partners to apprehend the defendant.
“As alleged in the indictment, Mr. Bultemeier was representing the United States Government in Niger when he was callously murdered by the defendant. U.S. Marine Staff Sergeant McNeely, who courageously attempted to come to Mr. Bultemeier’s aid, was seriously injured in the ambush. An attack on U.S. Government personnel, whether domestically or abroad, is an attack on the United States. The perpetrator of these crimes should always be looking over his shoulders; it is only a matter of time before he is apprehended. The FBI will continue working with its partners overseas to ensure that the defendant is captured and brought to justice,” stated FBI Assistant Director-in-Charge Venizelos.
Lieutenant General Flynn expressed his deep gratitude for the long and dedicated service of the FBI, Department of Justice, and Department of State personnel involved in the effort to bring Mr. Bultemeier’s alleged murderers to justice.
“The Bureau of Diplomatic Security has been working with our domestic and international law enforcement partners to locate, pursue, and apprehend Mohamed since his prison escape. With agents in more than 270 U.S. diplomatic missions around the world, Diplomatic Security is uniquely positioned for this effort,” stated Principal Deputy Assistant Secretary Starr.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant United States Attorney Zainab Ahmad, with assistance from Trial Attorney Jennifer Levy of the Justice Department’s Counterterrorism Section and Trial Attorney Dan Stigall of the Justice Department’s Office of International Affairs.
The Defendant:
ALHASSANE OULD MOHAMED
Age: 42Unseald Indictiment Alhassane Mohamed
Photograph of Victim-William Bultemeier
DOJ/FBI Wanted PosterMaine Resident Pleads Guilty to Engaging <br /> in Cyber “Sextortion” of New Hampshire VictimRead the Press Release
A Maine resident pleaded guilty today in federal court to engaging in a type of cyberstalking known as “sextortion,” announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney John P. Kacavas of the District of New Hampshire.
John Bryan Villegas, 23, of Kittery, Maine, pleaded guilty before U.S. Magistrate Judge Landya B. McCafferty in the District of Maine to a one-count information charging him with interstate stalking.
T he information charges that from July 10-16, 2012, the defendant, while in Kittery, anonymously sent multiple email messages to a New Hampshire resident identified as “Jane Doe.” In those messages, Villegas told Jane Doe that he had “x-rated” photos of her and, as proof, sent her private photos that had been stored on Jane Doe’s stolen laptop computer. Villegas directed Jane Doe to take new photographs and videos of herself engaging in various sexually explicit scenarios and directed her to email the files to him. When she refused, Villegas threatened to “dox” her, meaning that he would “leak” on the Internet the photographs and other personal information about her. Villegas further warned Jane Doe that if she did not provide him with the requested materials, he would send the photographs he already had to individuals throughout New Hampshire, as well as to her ex-husband, boyfriend and a recent former employer.At sentencing, scheduled for Jan. 7, 2014, Villegas faces a maximum sentence of five years in prison.
The case was investigated by the U.S. Secret Service and is being prosecuted by Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire and Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section. The police departments of Kittery and Dover, N.H., and the U.S. Naval Criminal Investigative Service provided valuable assistance.
Lower Brule Man Pleads Guilty to Abusive Sexual Contact with A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Robert Stricker, age 39, of Lower Brule, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 17, 2013, and pled guilty to Count I of the Indictment that charged him with Abusive Sexual Contact With a Minor.
The maximum penalty upon conviction is 3 years of imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years up to life of supervised release, an additional 1 year of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The conviction stems from an incident that took place in Lower Brule between August 25th and into the early morning hours of August 26, 2012, when Stricker engaged in sexual contact by touching the victim over the clothes. At the time of the offense, the victim was under the age of 16.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Stricker was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for December 2, 2013.
Liberal Man Pleads Guilty to Child PornRead the Press Release
Project Safe Childhood
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Liberal, Mo., man pleaded guilty in federal court today to receiving and distributing child pornography over the Internet.
Timothy Curless, 53, of Liberal, pleaded guilty before U.S. Magistrate Judge David P. Rush to receiving and distributing child pornography over the Internet between Nov. 4, 2012 and April 19, 2013.
According to court documents, a law enforcement officer was conducting an undercover investigation into the distribution of child pornography by suspect(s) using file-sharing software. On two separate occasions the officer downloaded images of child pornography from Curless’s computer. Among those images were children who have not reached puberty and a child as young as three years of age. When officers executed a search warrant they learned that Curless had been using his neighbor’s wi-fi network in order to access the Internet.
Under federal statutes, Curless is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cyber Crime Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Law Enforcement Suicide Awareness & Prevention Training Provided to over 200 Law Enforcement in MassachusettsRead the Press Release
BOSTON – The United States Attorney’s Office in partnership with the Massachusetts Department of Public Health, Massachusetts Major City Chiefs, Massachusetts Chiefs of Police Association, Municipal Police Training Committee and In Harm’s Way®, a Department of Justice funded initiative, joined forces today to promote the importance of mental wellness among law enforcement. Held during Suicide Prevention Month, the goal of the training is to raise awareness of the problem of law enforcement suicide, with the hope of making a small step toward changing the culture.
The training, attended by over 200 law enforcement personnel at Regis College, provided an avenue to increase awareness regarding the risk factors and warning signs of law enforcement suicide and provide strategies for prevention, intervention and postvention. Participants included federal Special Agents in Charge, Chiefs of Police, law enforcement supervisors as well as peer support officers, training officers and agency Employee Assistance Program (EAP) coordinators.
“Reducing suicide by law enforcement is dependent upon changing law enforcement's perceptions of mental wellness," said United States Attorney Carmen M. Ortiz. "Law enforcement faces significant amounts of stress on a regular basis. Although they are heroes in their own right, they are not made of armor. As leaders, we must take every opportunity to encourage proactive and preventative measures so they can continue with long and successful careers.”
Dr. Barry Feldman, Director of Psychiatry Programs in Public Safety for UMass Medical School, and James Steffens, Chief Forensic Investigator and SWAT Commander of the Pasco County Sheriff's Office (Fla.), were the key presenters of the day. Yvette Lillge with the U.S. Coast Guard (USCG) spoke about the USCG’s comprehensive wellness program. Will Brown of AllOne Health Resources, a contracted EAP provider for the Massachusetts Interlocal Insurance Association (MIIA), discussed EAP related issues specific to the law enforcement community. Assistant U.S. Attorney Jamie Herbert, Everett Police Chief Steven Mazzie, President of the Major City Chiefs and Natick Police Chief James Hicks, President of the Massachusetts Chiefs of Police Association, provided welcome remarks.
“In this profession, we spend a lot of time training to respond to a whole host of issues that affect the people we serve in our communities. Sometimes, we forget to put the time into ensuring that our own people are ok. Today, we are taking steps in educating our own in hopes that we can aid fellow officers that may be in need of care before a tragedy occurs,” said Chief Mazzie.
“As Police Chiefs and leaders in law enforcement it is incumbent upon us to bring awareness to all of the law enforcement community of the potential danger that exists around suicide and law enforcement officers. This seminar will hopefully educate all that attend that we must think proactively and focus on prevention. Any knowledge gained will be a tremendous benefit to our employees and hopefully prevent a tragedy that can affect our departments for a long time after,” said Chief Hicks.
This training would not have been possible without resources provided by the Massachusetts Department of Public Health, In Harm's Way and Regis College.
Law Enforcement Crackdown on Food Stamp FraudRead the Press Release
Nine individuals have been charged and six arrested during a two day period on food stamp fraud charges, announced United States Attorney Barbara L. McQuade.
McQuade was joined in the announcement by Assistant Special Agent-in-Charge Andrew LaFleur, United States Department of Agriculture, Office of Inspector General, Special Agent-in-Charge Erik Martinez, Internal Revenue Service, Criminal Investigation, Colonel Kriste Kibbey Etue, Director, Michigan State Police andWilliam Hayes, Special Agent- in-Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), to highlight the district’s continued work in combating fraud against the United States Department of Agriculture’s Supplemental Nutrition and Assistance Program (SNAP) (Food Stamp Program).
Today’s announcement comes at the conclusion of a two-day federal search and arrest warrant operation which targeted numerous retailers in Detroit’s Eastern Market Terminal, and other locations in the city, who the government alleges to have been engaged in the illegal practice of exchanging cash for food stamp benefits (trafficking). The principal scheme alleged in a number of the cases involved individuals, known as “runners”, who would obtain food stamp recipients’ EBT (Electronic Benefits Transfer), or Bridge Cards, and take them to the various stores in the Eastern Market Terminal to conduct fraudulent discounting transactions. These transactions totaled millions of dollars during the past year.
The following individuals and Detroit establishments were subjects of the warrants:
Ronnie’s Quality Meats, 1429 Gratiot Avenue; Embassy Foods, 2478 Riopelle Street; Ftoni Meat & Produce, 2800 Riopelle Street; Detroit Wholesale Produce, 2614 Riopelle Street; Dayton Market, 8002 Dayton Street.
Cheech’s Chicken Company, 1429 Gratiot Avenue. Frank Paul Buonbrisco, resident of Saint Clair Shores, Eric Lamont Owensby, resident of Romulus, and Damon Keith Ownensby, resident of Detroit, , all managers of Cheech’s Chicken Company were arrested on criminal complaints charging them with SNAP Fraud.
Gratiot Produce & Grocery Inc., 1429 Gratiot Avenue. Rassoul Ali Jamil, owner of Gratiot Produce & Grocery, and resident of Dearborn, has been named in a criminal complaint charging him with SNAP Fraud.
Greg’s Pallet Company, 1483 Winder Street. Greg King, resident of Detroit, and owner of Greg’s Pallet Company was arrested on a criminal complaint charging him with SNAP fraud, and being a felon in possession of a firearm.
Campus Diner, 5470 Cass Avenue. Anton Vuljaj, resident of Waterford and Owner of Campus Diner, was arrested on a criminal complaint charging him with SNAP Fraud.
Mike’s K&G Deli, 15500 East Warren Avenue. Ghassan Ghazi Shamoon, resident of Livonia and former Manager of Mike’s K&G Deli, was arrested on a criminal complaint charging him with SNAP Fraud.
Dayton Market, 8002 Dayton Street. Waleed Hindo, manager of Dayton Market, resident of Inkster, was arrested on a criminal complaint charging him with SNAP fraud.
Christopher Stanley Jackson, resident of Detroit, and employee of the Eastern Market Terminal, has been named in a criminal complaint charging him with SNAP Fraud.
"Taxpayers in Michigan fund the Food Stamp Program to provide food for the needy, not to create a commodity to be traded for profit," McQuade said. "We will work to ensure that food assistance programs are not abused."
Assistant Special Agent in Charge Andrew LaFleur stated, “SNAP is the largest program in the domestic hunger safety net, and retailers who prey on the poor by illegally purchasing SNAP benefits erode public trust in the program. As we conduct investigations throughout the State of Michigan, we appreciate the support of our Federal and State law enforcement partners and the U.S. Attorney’s Office’s long-term commitment to prosecuting SNAP fraud.”
“This is another positive step in our ongoing effort to combat food stamp fraud,” stated IRS-Criminal Investigation Special Agent in Charge, Erick Martinez. “The activities over the past days demonstrate our collective efforts to enforce the law and ensure public trust."
“The Michigan State Police recognize how important the coordination of law enforcement resources are when working with our federal law enforcement partners,” stated Col. Kriste Kibbey Etue, director of the Michigan State Police. “Bridge Card fraud harms those less fortunate so we are thankful for the support of the USDA and U.S. Attorney’s Office in bringing these cases to justice.”
“Taxpayers fund food stamps as a benefit to those who need assistance,” said William Hayes, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Detroit. “When unscrupulous business owners take advantage of these benefits for their own profit, the taxpayer is cheated and the individuals who really need the help also suffer.”
Prosecution is being coordinated by Assistant United States Attorneys Craig Weier, Christopher Varner, Graham Teall, and Stephen Hiyama.LRGP Member Pleads Guilty to Murder; Attempted Murder of Rival Gang MemberRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Anthony Skinner, 20, of Buffalo, N.Y., pleaded guilty to murder in aid of racketeering activity (RICO) and attempted murder in aid of racketeering involving the shooting of a rival gang member before U.S. District Court Judge Richard J. Arcara. The charges carry a maximum penalty of life in prison, a fine of $500,000 or both.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant was a member of the LRGP Gang. LRGP is named after Lombard, Rother, Gibson and Playter Streets. On August 3, 2009, to increase his position within the LRGP Gang, the defendant murdered Andre Anderson by shooting him at the corner of Peckham and Lombard. Skinner murdered Anderson because he believed Anderson had stolen a shotgun and an assault rifle belonging to LRPG members.On March 15, 2010, the defendant attempted to murder a member of the Bailey Boys, a rival gang. Skinner shot the victim, hitting him in the leg, on Bailey Avenue near Berkshire Avenue. The defendant believed the victim was responsible for the previous murder of LRGP Gang member Eddie Battles on October 9, 2009.
"Today's murder conviction is an example of the extreme violence gang members are willing to commit,” said U.S. Attorney Hochul. “Sometimes the motive is to increase their stature in the group; on other occasions, out of the misguided belief that a particular street or area should belong to them. Whatever the perpetrator may think, the streets of our community belong to the public, and we in law enforcement will not tolerate gang activity in our neighborhoods. We have, in the past several years, removed more than 160 gang members from our city neighborhoods, and these efforts will continue."
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Buffalo Police Department Homicide Unit, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for February 6, 2014 at 1:00 p.m. before Judge Arcara.Kingston, NY Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that John Joseph Stasinski, 35, of Kingston, N.Y., who was convicted of importation of MDMA, also known as Ecstasy, and possession with intent to distribute MDMA, was sentenced to 70 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant was a passenger on a commercial bus that originated in Toronto, Canada and was bound for New York City on October 20, 2011. At the Peace Bridge, the defendant was referred for secondary inspection after law enforcement officers noticed what appeared to be a bulge protruding from his back. During the secondary inspection, officers recovered two duct taped packages, each contained one kilogram of MDMA. The drugs had a street value of $221,300.
This is the second case this week involving large amounts of synthetic drugs. Earlier this week, eight people were arrested in Rochester and charged with conspiracy to import and distribute significant quantities of Methylone, also known as “Molly.”
The sentencing is the culmination of an investigation on the part of the Customs and Border Protection, under the direction of Acting Director of Field Operations Randy Howe and the Drug Enforcement Administration, under the Brian R. Crowell, Special Agent in Charge, New York Field Division.Justice Department Awards $90 Million to Enhance, Support Tribal Justice and SafetyRead the Press Release
The Department of Justice today announced the awarding of 192 grants to 110 American Indian tribes, Alaska Native villages, tribal consortia and tribal designated non-profits. The grants will provide more than $90 million to enhance law enforcement practices and sustain crime prevention and intervention efforts in nine purpose areas including public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; violence against women; juvenile justice; and tribal youth programs. The awards are made through the department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs.
Associate Attorney General Tony West and Office of Justice Programs Assistant Attorney General Karol V. Mason made the announcement during a meeting of northwest tribal leaders with the Attorney General’s Advisory Committee’s Native American Issues Subcommittee (NAIS) in Celilo Village, Ore.
“These programs take a community-based and comprehensive approach to the root causes and consequences of crime, as well as target areas of possible intervention and treatment,” said Associate Attorney General West. “The CTAS programs are critical tools to help reverse unacceptably high rates of crime in Indian country, and they are a product of the shared commitment by the Department of Justice and tribal nations to strengthen and sustain healthy communities today and for future generations.”
“The Department of Justice has a responsibility to make sure its resources are not only available but accessible to tribes in a manner that they have defined and envisioned to meet the needs of their communities,” said Assistant Attorney General Mason. “As we have shown over the last four years, the Department of Justice takes this responsibility very seriously.”
The department developed CTAS through its Office of Community Oriented Policing, Office of Justice Programs and Office on Violence against Women, and administered the first round of consolidated grants in September 2010. Over the past four years, it has awarded 989 grants totaling more than $437 million. Information about the consolidated solicitation is available at www.justice.gov/tribal/. A fact sheet on CTAS is available at www.justice.gov/tribal/ctas2013/ctas-factsheet.pdf.
Thirty U.S. Attorneys from districts that include Indian country or one or more federally recognized tribes serve on the NAIS. The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues.
Next month, the Justice Department will hold its annual consultation on violence against native women on Oct. 31st, 2013, in Bismarck, N.D. In addition, an Interdepartmental Tribal Justice, Safety and Wellness Session will be held in Bismarck on Oct. 29-30, 2013. It will include an important listening session with tribal leaders to obtain their views on the Department grants, as well as valuable training and technical assistance.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in tribal communities. A complete list of the 2013 awards is available at www.justice.gov/tribal/docs/ctas-award-list-2013.pdf.
John Philip Morrill, Jr, Sentenced for Assault Upon A Federal Officer, Access Device Fraud and Bank FraudRead the Press Release
JOHN PHILIP MORRILL, JR, age 32, a resident of New Orleans, Louisiana, was sentenced today in federal court by U.S. District Judge Ivan L.R. Lemelle to 57 months imprisonment, after pleading guilty to one count of assault upon a federal officer, two counts of access device fraud and one count of bank fraud, announced U.S. Attorney Dana J. Boente. In addition to the term of imprisonment, Judge Lemelle ordered that MORRILL be placed on 3 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violated any terms of the supervised release. MORRILL was also ordered to pay $20,298.69 in restitution.
According to court documents, on or about September 21, 2012, MORRILL assaulted a special agent of the United States Secret Service who, in the performance of his official duty, was trying to apprehend him. MORRILL also fraudulently obtained goods/services valued at approximately $29,853.16 by using unauthorized credit cards, and by using a PayPal account in association with a fictitious business he claimed to own. MORRILL also defrauded the ASI Federal Credit Union of approximately $2,300, in the form of a personal loan, by using fictitious pay stubs.
The case was investigated by the United States Secret Service, Louisiana State Police and prosecuted by Assistant U. S. Attorney Julia K. Evans.
Inmate Sentenced for Beating Prison GuardRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that James Peter Thomas, 32, of Phoenix, Ariz., was sentenced to 176 months in prison and three years of supervised release for assaulting a federal prison guard. Thomas pleaded guilty June 18, 2013.According to evidence presented at the guilty plea, on April 3, 2013, two prison guards found Thomas along with two other inmates drinking a homemade alcoholic beverage in a cell at the U.S. Penitentiary at Pollock, La. One guard led Thomas and the other two inmates out of the cell, but Thomas returned later and began beating the guard who remained in the cell using a padlock tied to a belt. When another guard approached Thomas, he attacked that guard as well. Thomas was subdued after guards used pepper spray on him. The officer Thomas initially attacked was brought to a nearby hospital where he was treated for four days in an intensive care unit. When the attack occurred, Thomas was serving a 161-month combined sentence for one count of brandishing a firearm during a crime of violence and another count of assault resulting in serious bodily injury.
The FBI and the U.S. Bureau of Prisons conducted the investigation. Senior Litigation Counsel Joseph G. Jarzabek prosecuted the case.
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 17, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
RANDY LEE RIDER, a 47-year-old resident of Klamath Falls, Oregon, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, RIDER faces possible penalties of a mandatory minimum of 10 years to life in prison, a $10,000,000 fine, and 5 years supervised release on each charge. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.
THOMAS MICHAEL BAD OLD MAN, a 21-year-old resident of Browning, appeared on a charge of burglary. He is currently detained. If convicted of this charge, BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 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.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 17, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
DARWIN KADE CLINGER, a 38-year-old resident of Gilbert, Arizona, appeared on charges of wire fraud and money laundering. He is currently released on special conditions. If convicted of these charges, CLINGER faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was conducted by the United States Secret Service.
KELLY R. ETZEL, a 52-year-old resident of Missoula, appeared on a charge of distribution of controlled substances. ETZEL is currently released on special conditions. If convicted of this charge, ETZEL faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Drug Enforcement Administration and the Missoula High Intensity Drug Task Force.
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 ArraignmentRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on September 17, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
CYD MARIE BABB, a 42-year-old resident of Billings, appeared on (21) counts of obtaining possession of controlled substance by deception. She is currently detained. If convicted of these charges, BABB faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration Tactical Diversion Squad (includes the Billings Police Department, the Yellowstone County Sheriff's Office, the Montana Division of Criminal Investigation and the Laurel Police Department).
The defendant 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.
Illegal Alien Sentenced to 2 Years in Prison for Immigration ViolationsRead the Press Release
PITTSBURGH - An individual found by the United States Citizenship and Immigration Service has been sentenced in federal court to 24 months on his conviction of false statement under oath in a proceeding or matter related to naturalization and re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Ernesto Ivan Lazo-Rodriguez, a/k/a Daniel Mancero, 35, formerly from El Salvador.
According to information presented to the court, Lazo-Rodriguez, an alien, was admitted to the United States as a permanent resident on Dec. 2, 1993. Under the alias of Daniel Mancero, Lazo-Rodriguez was arrested and convicted of Aggravated Robbery and Robbery by the State of Texas. Lazo-Rodriguez under the alias of Daniel Mancero, was removed from the United States by United States Immigration and Customs Enforcement on June 27, 2000. Lazo-Rodriguez ultimately returned to the United States and applied for naturalization. At his naturalization interview with U.S. Citizenship and Immigration Service on July 18, 2012, Lazo-Rodriguez denied ever being previously arrested and denied ever being previously removed or deported.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Immigration and Custom Enforcement for the investigation leading to the successful prosecution of Lazo-Rodriguez.