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Friday 26 July 2013
Mexican National Plead Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Francisco Flores-Enriquez, 26, a Mexican national illegally present in the United States, entered a guilty plea this afternoon in Las Cruces federal court to conspiracy to possess more than 1,000 kilograms of marijuana with intent to distribute. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.
Flores-Enriquez was one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M. The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other. The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.
The eight defendants initially charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute. Four of the defendants also were charged with re-entering the United States after prior deportation.
During today’s proceedings, Flores-Enriquez entered a guilty plea to Count 1 of the indictment charging him with conspiracy to possess marijuana with intent to distribute. In his plea agreement, Flores-Enriquez admitted that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States. Flores-Enriquez admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents. He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.
At sentencing, Flores-Enriquez faces a prison sentence of not less than ten years and not more than life imprisonment. He will be deported after he completes his prison sentence. Flores-Enriquez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Flores-Enriquez’s seven co-defendants have entered not guilty pleas and are detained pending trial. The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.
Members of Distribution Ring Sent to Federal Prison for Trafficking Nearly A Ton of MarijuanaRead the Press Release
McALLEN, Texas – Mexican Nationals Gabriel Miramontes, 36, Carlos Garza-Salazar, 31, Jose Gonzalez-Lopez, 27, and Librado Zuniga-Polanco, 30, have been ordered to prison following their convictions in relation to a marijuana trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The men pleaded guilty on Feb. 7, 2012.
Today, U.S. Chief District Judge Ricardo Hinojosa sentenced the ring leader, Miramontes, to 97 months in federal prison. Miramontes had recruited the remaining defendants to package and distribute marijuana. Garza-Salazar, Gonzalez-Lopez and Zuniga-Polanco received respective sentences of 60, 33 and 22 months for also conspiring to possess with intent to distribute more than 100 kilograms of marijuana. Not U.S. Citizens, they are expected to face deportation proceedings following completion of their prison terms.
In September and October 2011, narcotics investigators of the Texas Department of Public Safety launched an investigation into a marijuana distribution ring operating out of a rented warehouse unit in Pharr. Investigators conducted a traffic stop of a commercial vehicle departing the warehouse after investigators observed the defendants packaging and loading the narcotics. A search of the vehicle revealed the presence of 1,906 pounds of the drug.
The evidence presented during the hearing today showed Miramontes had established a marijuana distribution network that received marijuana from Mexico, concealed the narcotics within produce crates and arranged legitimate commercial tractor trailers to transport the concealed marijuana to distribution networks across the country. Miramontes relied upon his family-owned produce business to provide the limes and cilantro used to conceal the marijuana. In the months preceding his arrest, Miramontes began to pursue his aspiration to became a song artist, performing in venues across Mexico. The investigation indicated Miramontes recruited the remaining defendants to perform the manual labor of packaging, concealing and transporting the narcotics.
All four of the defendants will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Texas Department of Public Safety and is being prosecuted by Assistant United States Attorney Grady J. Leupold.
Members of Distribution Ring Sent to Federal Prison for Trafficking Nearly A Ton of MarijuanaRead the Press Release
McALLEN, Texas – Mexican Nationals Gabriel Miramontes, 36, Carlos Garza-Salazar, 31, Jose Gonzalez-Lopez, 27, and Librado Zuniga-Polanco, 30, have been ordered to prison following their convictions in relation to a marijuana trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The men pleaded guilty on Feb. 7, 2012.
Today, U.S. Chief District Judge Ricardo Hinojosa sentenced the ring leader, Miramontes, to 97 months in federal prison. Miramontes had recruited the remaining defendants to package and distribute marijuana. Garza-Salazar, Gonzalez-Lopez and Zuniga-Polanco received respective sentences of 60, 33 and 22 months for also conspiring to possess with intent to distribute more than 100 kilograms of marijuana. Not U.S. Citizens, they are expected to face deportation proceedings following completion of their prison terms.
In September and October 2011, narcotics investigators of the Texas Department of Public Safety launched an investigation into a marijuana distribution ring operating out of a rented warehouse unit in Pharr. Investigators conducted a traffic stop of a commercial vehicle departing the warehouse after investigators observed the defendants packaging and loading the narcotics. A search of the vehicle revealed the presence of 1,906 pounds of the drug.
The evidence presented during the hearing today showed Miramontes had established a marijuana distribution network that received marijuana from Mexico, concealed the narcotics within produce crates and arranged legitimate commercial tractor trailers to transport the concealed marijuana to distribution networks across the country. Miramontes relied upon his family-owned produce business to provide the limes and cilantro used to conceal the marijuana. In the months preceding his arrest, Miramontes began to pursue his aspiration to became a song artist, performing in venues across Mexico. The investigation indicated Miramontes recruited the remaining defendants to perform the manual labor of packaging, concealing and transporting the narcotics.
All four of the defendants will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Texas Department of Public Safety and is being prosecuted by Assistant United States Attorney Grady J. Leupold.
Man Pleads Guilty to Bribing Federal OfficialRead the Press Release
Defendant Sought Immigration Benefits in Pay-to-Play Scheme
ATLANTA – Ibrahim Barrie pleaded guilty in federal court for his role in a bribery conspiracy seeking immigration benefits.
“This defendant attempted to subvert the immigration process by offering bribes to a federal agent whom he believed would help him,” said United States Attorney Sally Quillian Yates. “In the end, he faces significant jail time and likely deportation for his actions.”
“The ICE Office of Professional Responsibility takes bribery of ICE officials very seriously and makes it a priority to thoroughly pursue investigation of such allegations. In this case, Mr. Barrie ignored the lawful route to pursue immigration benefits in favor of offering monetary bribes for expediting his residency status as well as other benefits. As a result, he is instead facing the possibility of prison time followed by deportation,” said David P. D’Amato, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility for the Southeast Region.
According to United States Attorney Yates, the charges and other information presented in court: Beginning in September 2010, and continuing until at least July 2012, Barrie paid bribes to a special agent with the Department of Homeland Security who was working in an undercover capacity, in exchange for immigration benefits as well as other benefits. Over a two-year period, he paid thousands of dollars to the undercover special agent for what he believed was assistance with his immigration status in the United States, including obtaining a permanent resident card, commonly known as a green card.
Barrie, 32, of Atlanta, could receive a maximum sentence of five years in prison and a fine of up to $75,000. The defendant likely faces removal from the United States. However, in determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for September 30 2013, at 10:00 a.m. before United States District Judge Steven P. Jones.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility.
Assistant United States Attorney Skye Davis is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
MS-13 Gang Leader Sentenced to 30 Years’ IncarcerationRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Hector Aleman Lemos, the former leader of the Flushing, Queens, chapter of the violent international gang La Mara Salvatrucha, also known as “MS-13,” was sentenced to 30 years in prison following his March 7, 2013, guilty plea to racketeering and murder conspiracy. The sentence was imposed by United States District Judge Nicholas G. Garaufis, who also imposed a term of supervised release of 3 years. As a consequence of his conviction, Lemos, a citizen of El Salvador, is also subject to potential deportation at the conclusion of the prison term.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James T. Hayes, Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York Field Office; Raymond W. Kelly, Commissioner, New York City Police Department, and Charles Gardner, Commissioner, City of Yonkers Police Department.
“As a member and leader of MS-13, Lemos spread death and destruction throughout his community. No one in his orbit was safe from the violence that accompanied him, including an innocent bystander who paid with his life for nothing more than being in the wrong place at the wrong time, and a 13-year-old boy who thankfully survived his encounter with Lemos. Today, Lemos received the significant jail term called for by his actions, which will bring justice to the gang’s victims and their families,” said United States Attorney Lynch. “Today’s sentence represents a clear warning to the gang that we will continue to vigorously prosecute its members and work to dismantle its operations in this District.” Ms. Lynch extended her grateful appreciation to U.S. Immigration and Customs Enforcement, Homeland Security Investigations, the New York City Police Department, and the City of Yonkers Police Department.
Lemos, known in the gang as “Diablito,” was the leader of the Flushing chapter of the gang, which committed a series of violent crimes, including murder, murder conspiracy and attempted murder, in Flushing, Queens and elsewhere. Among other crimes, Lemos was charged with shooting a 25-year-old man named John Halley in Yonkers, New York, who he believed, incorrectly, was a member of a rival gang. In pleading guilty, Lemos admitted that he was a member of MS-13 and that he had participated in the murder of Halley, as well as in the shooting of a 13-year-old boy in Flushing.
Since 2002, more than 200 MS-13 members, including more than two dozen clique leaders, have been convicted on federal felony charges in the Eastern District of New York. More than 100 of those MS-13 members have been convicted on federal racketeering charges. MS-13 is a violent, transnational gang, based in El Salvador, which has engaged in narcotics trafficking, robbery, extortion, murder and other crimes in cities throughout the United States and Central America. The gang has had a strong presence in immigrant communities in Queens and Long Island.
The government’s case is being prosecuted by Assistant United States Attorneys Gina M. Parlovecchio and Darren A. LaVerne.
The Defendant
HECTOR ALEMAN LEMOS, also known as “Diablito”
Age: 32Lubbock Man Admits Robbing Two Banks and One Credit UnionRead the Press Release
Defendant Admits Robbing First United Bank, Plains Capital Bank and Alliance Federal Credit Union
LUBBOCK, Texas — Jeffrey Hensley, 42, of Lubbock, Texas, appeared before U.S. District Judge Sam R. Cummings today and pleaded guilty to three counts of bank robbery and credit union robbery, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. He faces a statutory maximum sentence of 60 years in federal prison and a $750,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Hensley has been in custody since his arrest in April 2013.
According to documents filed in the case, on September 14, 2012, at approximately 1:25 p.m., Hensley, carrying a bank bag and wearing blue jeans, a gray pull-over and a black baseball cap, entered the First United Bank, 9801 Indiana Avenue, in Lubbock, opened the bag and removed a note that he passed to a teller. The note stated words to the effect of: “Don’t make me show my weapon.” Hensley told the teller, “Give me your bundles. Keep your hand away from your button and quit stalling.” The teller surrendered cash to Hensley who placed most of it in the bank bag, retrieved the note and exited the bank.
On December 8, 2012, at approximately 4:54 p.m., Hensley, carrying a bank bag, entered the Plains Capital Bank, 6002 Slide Road in Lubbock and handed a teller a note that read: “Fill the bag with all the money in the drawer - if I have to show my weapon I will use it - you have 15 seconds!!” Hensley ordered the teller to put the money in the bag and lifted his hooded sweatshirt as if to partially display a firearm. The teller surrendered cash and Hensley stuffed the money inside the bank bag and exited the bank.
On February 13, 2013, at approximately 3:45 p.m., Hensley entered the Alliance Federal Credit Union, 6601 Indiana Avenue in Lubbock, walked up to a teller and handed him a note. Hensley then handed a pink cosmetic bag to the teller and told her: “Hurry up! Everything in the drawer goes in the bag. Put the money in the bag. Put the money in the bag.” The teller surrendered the cash to Hensley who put it in the pink bag and exited the bank.
On April 22, 2013, a federal search warrant was executed at Hensley’s residence and he was arrested. Hensley admitted committing the robberies but informed detectives with the Lubbock Police Department (LPD) that although a firearm was found at his residence, he never carried that firearm during any of the robberies.
This case is being investigated by the FBI, the Texas Department of Public Safety, the LPD and the Lubbock County Sheriff’s Office. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
Long Grove Man Sentenced in Federal Heroin Overdose ProsecutionRead the Press Release
DAVENPORT, IA- On July 25, 2013, Andrew Aaron Rahn, age 20, formerly from Long Grove, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 120 months of imprisonment on the charge of distribution of heroin resulting in death, announced United States Attorney Nicholas A. Klinefeldt. Rahn was also ordered to serve three years of supervised release and pay $100 towards the Crime Victims Fund. Co-defendants David Weber and Joseph Cooper have pled guilty and will be sentenced on September 12, 2013.
Rahn admitted during the guilty plea proceeding that on June 5, 2012, he contacted David Weber to arrange for the purchase of heroin from Joseph Cooper in Rock Island, and that on June 6, 2012, Rahn, Weber and Tralee Duffey traveled to Rock Island, Illinois where Rahn purchased and received $120 worth of heroin from Joseph Cooper. Rahn further admitted that after dropping Weber off, Rahn purchased some syringes and he and Duffey shot up heroin in the parking lot of Duck Creek Mall in Bettendorf, and that Rahn and Duffey then returned to Rahn’s Long Grove residence where Rahn passed out. Rahn also admitted that upon waking up he found Duffey unresponsive and Rahn called his mother, who told him to call 911.
The Long Grove, Iowa, Fire Department, Rescue Unit, the Medic- Emergency Medical Technicians and the Scott County Sheriff’s Department responded to the scene. They found Duffey unresponsive and attempted to resuscitate her. Paramedics continued efforts to resuscitate Duffey and transported her to the hospital where she died. Tralee Duffey was 18 years old, and the cause of death was determined to be heroin overdose. During a subsequent search of Rahn’s residence, Scott County Sheriff’s Office investigators found and collected syringes, Xanax pills, burnt spoons with unknown residue, marijuana drug paraphernalia, and a syringe fully loaded with unknown liquid. Some of these items were sent to the Iowa Division of Criminalistics Laboratory which later identified a trace residue of heroin on a burnt spoon, Alprazolam, schedule IV pills and marijuana. Rahn admitted that Duffey died as a result of the heroin that Weber arranged for Rahn to purchase from Cooper.
This case was investigated by the Scott County Sheriff’s Office, the Bettendorf, Iowa, Police Department, and the Rock Island, Illinois, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Lemont Man Charged with Illegally StructuringRead the Press Release
Of Credit Union Deposits Totaling $372,321
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a one-count Information charging John Suhan, age 48, of Lemont, PA, with structuring transactions to evade federal reporting requirements, with funds totaling $372,321. Pursuant to a plea agreement filed with the Information, Suhan has agreed to waive indictment by a grand jury, plead guilty to the offense, and agree to criminal forfeiture of $3,180 in currency recovered from his residence.
According to United States Attorney Peter J. Smith, the Information charges that starting in or around January 2006, a relative of Suhan’s wife gave him and his wife a sum of cash totaling approximately $372,321 generated from a family business. At the time Suhan received the cash, the relative allegedly told him that he would have serious problems and would get in trouble with governmental authorities if he were to make any bank deposits with the money which exceeded $10,000. To avoid making a deposit over $10,000, beginning in January 2006 and continuing through September 2011, Suhan allegedly made in excess of 200 separate deposits of the cash hoard totaling $352,740.02 at the main and branch office locations of Penn State Federal Credit Union and SPE Credit Union where he maintained accounts. He kept $3,180 in currency inside a safe at his residence, cash which FBI agents seized.
The case was investigated by the Federal Bureau of Investigation and prosecution has been assigned to Assistant United States Attorney George J. Rocktashel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Leader of Baltimore Area Oxycodone Ring Sentenced to PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Joseph Church, age 41, of Baltimore, Maryland, today to 51 months in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute oxycodone.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Chief James W. Johnson of the Baltimore County Police Department; Howard County Police Chief William McMahon; and Anne Arundel County Police Chief Kevin Davis.
“Prescription drug trafficking is here in Maryland and it’s a growing problem that we in law enforcement will aggressively investigate,” stated Gary Tuggle, Assistant Special Agent in Charge of the Drug Enforcement Administration, Baltimore District Office. “Church will now spend time in a federal prison far away from his family,” added Tuggle.
According to his guilty plea and other court documents, Church conspired with others to distribute oxycodone in the Baltimore City, Baltimore County and Anne Arundel County areas. Church obtained blank prescriptions from Wendy Pinkard, his girlfriend at the time, who worked as an office manager in a medical facility. Between 2008 and 2011 Pinkard provided more than 175 prescriptions to Church. Church filled out the prescriptions, typically for 180 thirty milligram pills or for 90 eighty milligram oxycodone pills, then recruited individuals, some of whom used fake identities, to go into pharmacies to obtain the oxycodone pills. The individuals returned the pills to Church, who paid the individuals for obtaining the pills. Church sold the pills to drug dealers throughout the area, distributing the equivalent of approximately 46,000 thirty milligram pills of oxycodone over the course of the conspiracy. Thirty milligram oxycodone pills have a street value of between $12 and $30 per pill.
Wendy Pinkard, age 37, of Baltimore, previously pleaded guilty to the same charge and is scheduled to be sentenced on August 5, 2013, at 2:00 p.m.
United States Attorney Rod J. Rosenstein commended the DEA, HHS-OIG, Office of Investigations, Baltimore County Police Department, Howard County Police Department and Anne Arundel County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Mushtaq Gunja and Kenneth S. Clark, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Justin Worley Sentenced to Federal Prison for Robbing Nine BanksRead the Press Release
PROVIDENCE, R.I. – Justin Worley, 34, was sentenced today in U.S. District Court in Providence to 73 months in federal prison, the high end of the federal sentencing guidelines, for robbing eight banks in Rhode Island and one bank in Massachusetts between February and September 2012, announced United States Attorney Peter F. Neronha.
At sentencing, U.S. District Court Judge William E. Smith also ordered Worley to serve 3 years of supervised release upon completion of his prison term and to make full restitution to the nine banks he admitted to robbing. Worley pleaded guilty on March 7, 2103, to nine counts of bank robbery.
At the time of his guilty plea, Worley admitted to the court that he robbed a financial institution in Seekonk, Mass., on February 23, 2012, and that he robbed eight financial institutions in Rhode Island between April 16, 2012 and September 18, 2012. Worley admitted that while using implied or explicit threats he robbed the banks of a total of $32,633.
Worley was arrested at a motel in Seekonk on September 19, 2012, by East Providence, R.I., and Seekonk, Mass., police. He has been detained since his arrest.
The robberies were investigated by the Barrington, Cranston, East Providence, North Providence, Pawtucket, Seekonk and Warwick Police Departments and the FBI.
The case was prosecuted by Assistant U.S. Attorneys William J. Ferland and Paul F. Daly, Jr.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Justice Department Settles with Bariatric Clinic in Michigan and Pennsylvania over HIV DiscriminationRead the Press Release
The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Barix Clinics under the Americans with Disabilities Act (ADA). Barix Clinics operates bariatric treatment facilities in Michigan and Pennsylvania. The settlement resolves allegations that Barix Clinics violated the ADA by refusing or cancelling surgery for two individuals because they have HIV. This is the fifth settlement that the Justice Department has reached this year addressing HIV discrimination by a medical provider.
The Justice Department found that Barix Clinics unlawfully refused to perform bariatric surgery on a man at its Langhorne, Pa., facility because he has HIV. The department also determined that Barix Clinics cancelled bariatric surgery for another individual, Mr. Frank Hill, at its Ypsilanti, Mich., facility because of his HIV. The department’s investigation revealed that Barix Clinics’ actions were not based on individual assessments of the patients or based on current medical knowledge.
“Erecting unnecessary barriers to medical care for people with HIV can further exacerbate their condition and their marginalization in society,” said Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights. “These are the barriers that the ADA and the Justice Department seek to tear down.”
“Blanket exclusions of patients with HIV are misguided and illegal," said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan. “Under the law, caregivers cannot withhold care unless the decision is based on current medical knowledge about the particular patient and condition, not on stereotypes about a disability.”
Under the settlement, Barix Clinics must pay $20,000 to the first complainant, $15,000 to Hill and a $10,000 civil penalty. In addition, it must train its staff on the ADA and develop and implement an anti-discrimination policy.
In the past six months, the department has reached five settlement agreements with medical providers to address HIV discrimination. All five settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities. The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices and addresses access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities. The department has reached a total of 18 settlements (including these five) regarding medical providers’ failure to provide access for people with HIV or who are deaf or hard of hearing. For more information on the Barrier-Free Health Care Initiative visit http://www.ada.gov/usao-agreements.htm .
For more information on the ADA and HIV, visit www.ada.gov/aids . Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov . ADA complaints may be filed by email to [email protected] .
Judge Give Violent Robber A Long Prison TermRead the Press Release
PHILADELPHIA - Amos Singleton, 58, of Philadelphia, was sentenced late yesterday to 30 years in prison for the armed robbery of an employee of the Walnut Lane Apartments, at 236 West Walnut Lane in Philadelphia, in November 2010. Singleton and Corey Pasley, who worked at the apartment complex as a security guard, made off with cash, money orders, and checks, after Singleton struck the victim and fired his gun, striking the victim in the head. Despite severe injuries, the victim broke free, ran from the office and alerted residents to the robbery. Singleton and Pasley stole approximately $2,645 in cash and $1,265 in money orders and checks from the office safe. U.S. District Court Judge Norma Shapiro also ordered restitution, a $2,500 fine, and five years of supervised release.
On June 22, 2012, a jury returned guilty verdicts against both defendants on all charges, including: conspiracy to commit robbery which interferes with commerce, robbery, and using a firearm in the course of a robbery. Singleton, who was already a convicted felon, was additionally convicted of knowingly possession of a firearm by a convicted felon. Pasley is awaiting sentencing.
The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, and Firearms. It is being prosecuted by Assistant United States Attorney Mark Miller.
This investigation and prosecution is part of a joint initiative by the United States Attorney's Office, the District Attorney's Offices in the Eastern District of Pennsylvania, the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Bureau of Investigation (FBI), and other federal, state and local law enforcement agencies, to identify and prosecute dangerous firearms offenders in federal court where the defendants are likely to receive a substantial sentence upon conviction.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Jackson Woman Sentenced to 39 Months for Identity Theft and FraudRead the Press Release
LEXINGTON, KY - A Jackson, KY., woman, who previously admitted to stealing someone else’s identity to buy a car, was sentenced to 39 months in federal prison.
On Thursday, U.S. District Judge Karen Caldwell sentenced 45-year old Lisa Ann Salyers for wire fraud and aggravated identity theft. Judge Caldwell also ordered that Salyers pay $5,450.50 in restitution to Paul Miller Ford.
Salyers previously admitted she obtained the date of birth and social security number of another person through the internet. She then assumed the identity of this victim and used it to purchase a car from a Lexington car dealership. Salyers also tried to use the victim’s identity to buy furniture from a Lexington retailer.
Salyers pleaded guilty to these charges in March of 2013.
Under federal law, Salyers must serve at least 85 percent of her prison sentence, and will be under the supervision of the U.S. Probation Office for three years following the completion of her prison term.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Paul R. Johnson, Special Agent in Charge, U.S. Secret Service, jointly announced the sentence.
The investigation was conducted by the U.S. Secret Service. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorney Andrew T. Boone.
Home “Flipping” Scheme Nets Prison Sentences, $1.28 Million in Restitution for Memphis PairRead the Press Release
Memphis, TN – Michael Pinkney, 43, of Cordova, TN, and Alan R. Price, 50, of Olive Branch, MS, were each sentenced this week to 33 months in prison and ordered to pay $1,283,728.53 in restitution for their roles in a foreclosed real estate “flipping” scheme, announced U.S. Attorney Edward L. Stanton III.
According to facts revealed during their respective sentencing hearings before U.S. District Judge Samuel H. Mays, Pinkney, the owner and president of Capital Mortgage and Peanut Construction Company, and Price conspired to identify foreclosed properties, recruit nominee buyers to purchase and refinance the properties, and submit false and fraudulent documents to mortgage finance companies.
Using his position as a registered property appraiser, Price would submit appraisals reflecting that improvements had been made to the foreclosed properties, knowing that they had not. These appraisals falsely inflated the value of the properties, which allowed more money to be borrowed against them. These loans were obtained through Pinkney’s mortgage company. As a result, the loan funding companies CitiMortgage and Taylor, Bean and Whitaker lost $1,283,728.53.
One example cited in the original information charging the men was a property on Harbert Avenue purchased by nominee buyers in January 2009 for $65,000. Two months later, Price submitted an appraisal which valued the property at $400,000 even though no improvements had been made to the property since its purchase. All of the properties listed in the information were located in the Midtown area of Memphis.
Both men pleaded guilty in mid-April to one count of conspiracy to commit wire fraud and one count of wire fraud. This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Justin Bailey represented the government in this case.Hiram Evans Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before U.S. District Judge Dana L. Christensen, HIRAM EVANS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 87 months, concurrent to a prior sentence
Special Assessment: $100
Supervised Release: 5 years
EVANS was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On July 27, 2009, the female victim had been drinking with some individuals at a residence in Heart Butte, which is within the exterior boundaries of the Blackfeet Indian Reservation.
The victim eventually went to bed. She woke up to someone hitting her. She recognized the individual as EVANS, who proceeded to sexually assault her. The victim began yelling for her sister and tried to fight him off but he was holding her down. After assaulting her, EVANS left the residence and went to his house.
Law enforcement went to his residence where he was arrested. When questioned, EVANS first denied assaulting the victim but finally admitted that he had although he denied using any force.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EVANS will likely serve all of the time imposed by the court. In the federal system, EVANS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Freddy Wayne Jimenez Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on July 25, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon. Sentencing is set for October 22, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles, and, when they were down, crying in pain, JIMENEZ would say, "You better stand up, you pussy." JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
JIMENEZ faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Former Vice President of High-End Jewelry Company Pleads Guilty in Manhattan Federal Court to Stealing over $2 Million of JewelryRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that INGRID LEDERHAAS-OKUN, a former Vice President of Product Development at a high-end jewelry company, pled guilty today in Manhattan federal court to stealing over $2.1 million worth of jewelry from her former employer. LEDERHAAS-OKUN was arrested earlier this month and pled guilty today before U.S. District Judge Paul G. Gardephe.
Manhattan U.S. Attorney Preet Bharara said: “Diamonds are forever but stolen diamonds are not. Over a period of years, Ingrid Lederhaas-Okun, an executive at a high-end jewelry company, looted her employer’s jewelry inventory and then resold millions of dollars’ worth of the merchandise in order to enrich herself. Today, she stands convicted for her thievery and faces the prospect of prison.”
According to the Information, statements made during today’s guilty plea proceeding, and a Complaint previously unsealed in Manhattan federal court:
From at least January 2011 until February 2013, LEDERHAAS-OKUN worked as a Vice President of Product Development at the midtown Manhattan headquarters of one of the world’s premier high-end jewelers (the “Jewelry Company”). Her duties and responsibilities included ensuring that product designs could be manufactured and, to that end, she had authority to check out jewelry belonging to the Jewelry Company for work-related reasons, such as to provide the jewelry to potential manufacturers to determine the cost of production.
Between November 2012 and February 2013, LEDERHAAS-OKUN abused her position and authority at the Jewelry Company to check out over 165 pieces of jewelry with a retail value of over $1.2 million, including numerous diamond bracelets, platinum or gold diamond drop and hoop earrings, platinum diamond rings, and platinum and diamond pendants. She then sold some if not all of this jewelry for $1.3 million to another company, a leading international buyer and reseller of jewelry with an office in midtown Manhattan (the “Jewelry Reseller”). The Jewelry Reseller paid for the merchandise that LEDERHAAS-OKUN had stolen either by paying her or her husband, in transactions arranged either by LEDERHAAS-OKUN or a friend working on her behalf.
In addition to this jewelry, in November 2012, following an announcement by the Jewelry Company that it was going to undertake a full physical inventory review, LEDERHAAS-OKUN also reported that approximately $1.5 million worth of jewelry which she had checked out would have to be written off. However, none of that jewelry was ever returned to the Jewelry Company, contrary to the usual practice of accounting for inventory, such as damaged jewelry, that would have to be written off because it had been rendered unusable in some way.
To conceal her theft, LEDERHAAS-OKUN made repeated false statements to the Jewelry Company. For example, after her termination in February 2013, she told the Jewelry Company that she had only recently checked out the missing jewelry in anticipation of creating a PowerPoint presentation for her supervisor, and that a draft of the presentation could be found on her office computer. However, the missing pieces of jewelry had been checked out months earlier, her supervisor was unaware of any such presentation being worked on by LEDERHAAS-OKUN, and there was no draft presentation on her computer. In addition, LEDERHAAS-OKUN claimed the jewelry in question could be found in a white envelope in her office, but a search of her office shortly after her departure did not yield any white envelope.
LEDERHAAS-OKUN, 46, of Darien, Connecticut, pled guilty to one count of interstate transportation of stolen property, which carries a maximum penalty of 10 years in prison. As part of her plea agreement, LEDERHAAS-OKUN also agreed to forfeit $2,114,873 and further agreed to make restitution in the amount of $2,239,873. She is scheduled to be sentenced by Judge Gardephe on December 10, 2013 at 2:30 p.m.
Mr. Bharara praised the investigative work of the FBI. The prosecution of this case is being handled by the Office’s Complex Frauds Unit. Assistant United States Attorney Rosemary Nidiry is in charge of the prosecution.
U.S. v. Ingrid Lederhaas-Okun Information
Former Postal Employee Pleads Guilty to Stealing from Post OfficeRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a former employee of the United States Post Office pleaded guilty to issuing money orders to himself, among other offenses. Wayne E. O’Connell, age 52, of the northwestern Minnesota community of Shelly, specifically pleaded guilty to one count of misappropriation of postal funds. O’Connell, who was charged on July 5, 2013, entered his plea before U.S. District Court Judge Donovan W. Frank.
In his plea agreement, O’Connell admitted stealing cash from the money drawer at the Shelby post office and using funds received from the sale of post office box rentals for his own use. In addition, O’Connell admitted issuing postal money orders to himself without paying for them.
Authorities began investigating O’Connell after learning that money orders issued from the Shelby post office were being cashed prior to the dates they were reportedly issued. In December 2012, an audit of the post office identified shortages of $2,729.85 in cash and stamps.For his crime, O’Connell faces a potential maximum penalty of ten years in federal prison. Judge Frank will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the U.S. Postal Service-Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Kevin S. Ueland.
Former Campaign Official Sentenced to Six Months in Prison for Activities Involving 2010 District of Columbia Mayoral ElectionDefendant Obstructed Justice by Destroying Documents, Making False Statements to FBIRead the Press Release
WASHINGTON - Thomas W. Gore, the former assistant treasurer for a District of Columbia mayoral campaign, was sentenced today to six months in prison for obstruction of justice and other charges stemming from his activities involving the 2010 election.
The sentence was announced by U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Gore, 58, of Washington, D.C., pled guilty in May 2012 in the U.S. District Court for the District of Columbia to one count of obstructing justice by destroying records in a federal investigation and three counts of making a campaign contribution in the name of another person. He was sentenced by the Honorable Colleen Kollar-Kotelly.
Upon completion of his prison time, Gore will be placed on three years of supervised release. Judge Kollar-Kotelly ordered that 180 days of that period must be spent on home detention. In addition, Gore must perform 200 hours of community service. Judge Kollar-Kotelly also barred Gore from participating in political campaigns without prior approval of the court.
Gore is among three people, all associated with the same mayoral campaign, to plead guilty to charges in a continuing investigation of campaign activities during the election.
Howard L. Brooks, 65, a member of the campaign’s finance and treasury teams, was sentenced last year to 24 months of probation and ordered to perform 200 hours of community service for making a false statement to the FBI. Business owner Eugenia C. Harris, 76, pled guilty in July 2012 to one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign law. Harris is awaiting sentencing.
According to a statement of offense signed by the government as well as the defendant, Gore worked for one of the candidates challenging incumbent Mayor Adrian M. Fenty in the 2010 campaign. The guilty plea involves activities tied to his work on the campaign of that candidate, who is identified in the court documents as “Candidate A,” and Gore’s dealings with another of Mr. Fenty’s rivals, who is identified in the documents as “Candidate B.”
Gore used his position in “Candidate A’s” campaign to help funnel money illegally from that campaign to the campaign of “Candidate B.” The goal was to keep “Candidate B” in the mayoral race so that “Candidate B” would continue his verbal attacks on Mr. Fenty. Gore later destroyed the record of these payments and lied about it when questioned by the FBI.
**
“Thomas Gore is headed to prison because he lied to the FBI and shredded documents to cover up corruption in the 2010 D.C. mayoral election,” said U.S. Attorney Machen. “He will be deprived of his liberty because he tried to deprive the voters of the truth about a secret scheme to funnel money from one mayoral campaign to another. Jail time is a significant consequence that reflects the seriousness of his efforts to obstruct justice and subvert the democratic process.”
“Corruption will not be overlooked or tolerated, no matter the level of government, the complexity of the scheme, or the names of those committing the fraud,” said Assistant Director in Charge Parlave. “The FBI will continue to pursue public corruption cases in order to bring confidence to the citizens of the District of Columbia, who deserve government officials who are elected fairly and without scandal.”
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Prior to 2010, Gore had experience working with “Candidate A” in other campaigns. He was the official treasurer of “Candidate A’s” campaigns in 2004 and 2006 and was well aware of the dictates of local campaign finance laws. The illegal activities began in or around June 2010. Gore provided Brooks with money orders, which had been purchased with excessive or unattributed cash contributions to the campaign of “Candidate A.” Brooks filled in the names of real persons who had not contributed these funds in the purchaser lines of these money orders.
The statement of offense details a total of five such money orders in June and July of 2010, totaling $660, which Gore provided to Brooks for “Candidate B.”
Gore kept a record of these funds, noting the amounts provided, in a spiral notebook.
“Candidate B” subsequently reported the receipt of the money orders, in the names of the purported purchasers, as individual contributions he received, listing them in reports to the District of Columbia’s Office of Campaign Finance of the Board of Elections and Ethics.
The campaign finance charges stem from Gore’s handling of the money orders.
The obstruction charge involves actions taken by Gore months after the election. On March 6, 2011, allegations by “Candidate B” about the campaign of “Candidate A” appeared in the news media. In these reports, “Candidate B” alleged that, during the 2010 campaign, he had been promised a job in a future “Candidate A” administration. In addition, “Candidate B” said that he received payments from two members of the campaign for “Candidate A” in return for staying in the mayoral race and continuing to attack Mr. Fenty.
On March 9, 2011, the U.S. Attorney’s Office for the District of Columbia issued a public statement that the U.S. Attorney’s Office and the FBI were assessing the allegations made by “Candidate B.” Throughout the rest of 2011, agents from the FBI interviewed witnesses and collected documents related to the allegations.
Shortly after “Candidate B’s” allegations became public, Gore shredded the spiral notebook in which he had kept a record of payments to “Candidate B.” He did so to prevent law enforcement from finding out about the diversion of funds, which he knew to be illegal.
In addition, during an interview with the FBI on Oct. 13, 2011, Gore made a number of false statements about the spiral notebook and the records that he kept.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of those who investigated the case for the FBI.
They also expressed appreciation to Criminal Investigators Matthew Kutz, Mark Crawford, and Melissa Matthews; Paralegal Specialists Tasha Harris, Shanna Hays, Sylvester Brown, and Diane Hayes, and former Legal Assistant Jared Forney, all of the U.S. Attorney’s Office.
Finally, they acknowledged the work of Assistant U.S. Attorney Ellen Chubin Epstein and former Assistant U.S. Attorney Mary Chris Dobbie, who investigated and prosecuted this matter.
13-262First Defendant Pleads Guilty for Role in Operation of International Sportsbook Operated by Organized Crime EnterpriseRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that BRYAN ZURIFF, a Hollywood producer, pled guilty in Manhattan federal court in connection with his role in the operation of a high-stakes illegal sports gambling business run by an organized crime enterprise. ZURIFF pled guilty yesterday before U.S. District Court Judge Jesse M. Furman to accepting a financial instrument in connection with unlawful Internet gambling.
Manhattan U.S. Attorney Preet Bharara said: “Bryan Zuriff spanned the coasts with his crimes, by operating his own illegal gambling enterprise in Los Angeles, and helping to operate a vast illegal gambling enterprise in New York. With his plea, he becomes the first defendant, but not the last, to be convicted in this sprawling script of criminal conduct.”
ZURIFF was charged in April 2013 in a 34-defendant indictment charging members and associates of two Russian-American organized crime enterprises with various crimes, including racketeering, money laundering, extortion, and various gambling offenses. ZURIFF is the first defendant in the case to plead guilty.
According to the Indictment, other documents filed in this case, statements made at various conferences and at the guilty plea, and other information in the public record:
ZURIFF operated his own illegal gambling business that catered to gamblers seeking to bet on the outcome of various sporting events (commonly referred to as a “sportsbook”) in Los Angeles, California. He also assisted Hillel Nahmad, Illya Trincher, and others in operating their own high-stakes sportsbook in New York that catered to millionaires and billionaires. Those clients typically placed bets online through various accounts maintained on gambling websites that were operating illegally in the United States. Tens of millions of dollars in bets were placed through those online accounts each year.
ZURIFF, 44, of Brentwood, California, faces a maximum sentence of five years in prison and three years of supervised release. As part of his guilty plea, he agreed to forfeit $500,000 to the United States. ZURIFF is scheduled to be sentenced by Judge Furman on November 25, 2013 at 3 p.m.
The charges against Hillel Nahmad, Illya Trincher, and the other 31 defendants in this case are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation, Internal Revenue Service, and the New York City Police Department.
The case is being prosecuted by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Harris M. Fischman, Joshua A. Naftalis, Peter Skinner, and Kristy J. Greenberg of the Organized Crime Unit are in charge of the prosecution. Assistant U.S. Attorney Alexander Wilson of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.
Tokhtakhounov, Alimzhan et al. Indictment
Federal Jury Finds Mexican National Guilty on Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict late yesterday afternoon against Yuren Aranda-Diaz, 34, a Mexican national illegally in the United States, on drug trafficking and firearms charges after a two-day trial. The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Ray Schultz of the Albuquerque Police Department (APD).
Aranda-Diaz was arrested on Oct. 2, 2012, on a criminal complaint on drug trafficking, firearms and immigration charges after he sold heroin to an APD informant. Thereafter, Aranda-Diaz was indicted and charged with (1) being an alien in possession of a firearm; (2) being a felon in possession of a firearm; (3) possession of heroin with intent to distribute; (4) distribution of heroin; (5) using and carrying a firearm in relation to a drug trafficking crime; and (6) unlawful re-entry into the United States after previously having been deported.
Court filings reflect that Aranda-Diaz was prohibited from possessing firearms because he was an alien illegally in the United States. He also was prohibited from possessing firearms because he previously had been convicted of re-entry by a deported alien on two occasions, being a felon in possession of a firearm, and being an alien in possession of a firearm in the U.S. District Court for the District of New Mexico. He also previously had been convicted for possession of cocaine in the 2nd Judicial District Court for the State of New Mexico.
On the morning of July 24, 2013, Aranda-Diaz entered guilty pleas to Counts 1, 2 and 6 of the indictment and immediately thereafter proceeded to trial on Counts 3, 4 and 5 of the indictment. The trial of the case concluded late yesterday afternoon when the jury returned a verdict finding Aranda-Diaz guilty on all three counts.
The evidence at trial established that on the afternoon of Oct. 2, 2012, a confidential informant working for APD purchased an ounce of heroin from Aranda-Diaz for $750.00, in the vicinity of 5th Street and Menaul Blvd. NW, in Albuquerque. Shortly thereafter, APD officers arrested Aranda-Diaz and recovered the $750.00 used by the informant to purchase the heroin. The officers also found a loaded pistol on the front seat of the passenger seat of Aranda-Diaz’s vehicle. The jury deliberated for less than two hours before returning a guilty verdict on the three counts that were tried.
Aranda-Diaz has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Aranda-Diaz faces a maximum sentence of ten years in prison on each of Counts 1, 2 and 6 of the indictment and 20 years in prison on each of Counts 3 and 4. Aranda-Diaz also faces a mandatory five years in prison on Count 5 which must be served consecutive to any prison sentence imposed on the other five counts of the indictment.
This case was investigated by the Albuquerque office of HSI and APD, and is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Novaline D. Wilson.
Federal Indictment Charges Johnston Resident with Credit Card Fraud, Aggravated Identity Theft, Social Security FraudRead the Press Release
PROVIDENCE, R.I. – A five-count federal indictment returned on Wednesday and unsealed today in U.S. District Court in Providence charges Henry A. Fellela, Jr., 55, of Johnston, with obtaining the identity of a Smithfield resident and using that person’s identity and credit card to purchase more than $3,000 worth of goods. In addition, the indictment alleges that Fellela fraudulently obtained more than $58,000 in Supplementary Social Security benefits by falsely claiming that he was homeless while living with his wife and children in their Johnston residence.
The indictment, announced by United States Attorney Peter F. Neronha, Kevin M. Niland, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, Smithfield Police Chief Richard P. St.Sauveur, Jr. and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations, charges Fellela with one count each of credit card fraud, aggravated identity theft and Social Security fraud, and two counts of theft of government funds.
According to the indictment and information presented to the court, it is alleged that an investigation by U.S. Postal inspectors and Smithfield Police revealed that Fellela stole the identity of a Smithfield resident and used that person’s identity and credit card to make several purchases including electronic goods and clothing totaling $3,077.13.
In addition, according to the indictment and information presented to the court, an investigation by the Social Security Administration, Office of the Inspector General/Office of Investigations determined that from March 2004, approximately three months after Fellela was released from federal prison to begin serving a 21-month term of supervised release on an unrelated matter, and continuing until about June 1, 2012, Fellela allegedly claimed to be homeless, and applied for and received Supplementary Security Benefits totaling $58,207.34. It is alleged that during the time Fellela claimed to be homeless and was allegedly collecting benefit payments he was actually living with his wife and children in their Johnston residence.
An indictment is merely an allegation 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.
Fellela, who was arrested earlier today by U.S. Postal inspectors, Smithfield Police, Johnston Police and an agent from the Social Security Administration, Office of the Inspector General/Office of Investigations, was arraigned before U.S. District Court Magistrate Judge Patricia A. Sullivan. A plea of not guilty was entered. Fellela was released on $50,000 unsecured bond to home incarceration with electronic monitoring.If convicted, Fellela faces up to 10 years imprisonment, 3 years supervised release and a fine $250,000 on the charge of credit card fraud; up to 10 years imprisonment, 3 years supervised release and a fine $250,000 on each charge of theft of government property; 5 years imprisonment, 3 years of supervised release and a fine of $250,000 on the charge of Social Security fraud; and 2 years imprisonment for aggravated identity theft, to be served consecutive to all other sentences imposed.
The case is being prosecuted by Assistant U.S. Richard W. Rose.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Farmington Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Martin Moreno, 52, of Farmington, N.M., pleaded guilty earlier today to drug trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Moreno will be sentenced to 15 years in federal prison. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Commander of the Region II Narcotics Task Force.
Moreno was arrested on March 8, 2012, on a criminal complaint charging him with drug trafficking offenses. Moreno subsequently was charged in a seven-count second superseding indictment with possession of methamphetamine, cocaine and marijuana with intent to distribute; using and carrying a firearm in furtherance of a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. According to court records, Moreno possessed the narcotics, numerous firearms and ammunition on Feb. 27, 2012, in San Juan County, N.M. At the time, Moreno was prohibited from possessing firearms and ammunition because he previously had been convicted of trafficking cocaine in the 11th Judicial District Court for the State of New Mexico in San Juan County. Moreno was arrested on state charges on Feb. 27, 2012, which were dismissed after the federal charges were filed.
The charges against Moreno arose from evidence seized on Feb. 27, 2012, when the Region II Narcotics Task Force and HSI executed a search warrant authorizing searches of Moreno’s residence, two storage lockers and truck. They also were based on Moreno’s post-arrest statement which included an acknowledgement that he was the owner of the contents of the storage lockers and his truck.
This morning, Moreno entered a guilty plea to all seven counts of the second superseding indictment. In his plea agreement, Moreno admitted that on Feb., 27, 2012, he possessed approximately 120 grams of methamphetamine, a kilogram of cocaine and a kilogram of marijuana, all of which were stored in a storage locker in Farmington. He also admitted keeping a stolen pistol and ammunition in the storage locker for the purpose of protecting the drugs.
Moreno also admitted that in a different storage locker, he stored 14 firearms, including a machine gun, shotguns, hunting rifles and semi-automatic rifles. He acknowledged that as a convicted felon, he was prohibited from owning firearms.
In his plea agreement, Moreno also admitted possessing additional amounts of drugs, including a small amount of methamphetamine and a supply of marijuana, and a pistol at his residence. Moreno also acknowledged that the $3,000 in cash were found in his bedroom and the $66,000 in cash found in his truck were the proceeds of his narcotics trafficking activities.
Moreno has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled. In addition to the 15 year prison sentence, the plea agreement also requires that Moreno forfeit the firearms, ammunition and narcotics proceeds seized on Feb. 27, 2012.
This case was investigated by the Albuquerque office of HSI and the Region II Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Samuel A. Hurtado as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Eleven More Defendants Plead Guilty in Staged Automobile Accident SchemeRead the Press Release
92 defendants have been charged to date in Operation Sledgehammer I-VI
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Jeff Atwater, Florida Chief Financial Officer, and Dave Aronberg, State Attorney, Office of the State Attorney for Palm Beach County, announced that defendants Helenne Vazquez, 30, of West Palm Beach, Maykel Marquez, 32, of West Palm Beach, and Juan Francisco Avon, 61, of Miami, pled guilty today for their participation in a staged automobile accident and fraudulent chiropractic clinic scheme that resulted in the theft of millions of dollars from Florida’s automobile insurance companies and Florida drivers. Defendants Yenisleydi Ramos, 26, of West Palm Beach, and Noelia Marichal, 52, of West Palm Beach, pled guilty yesterday; defendants Nelson Felix Martinez Torres, 47, of West Palm Beach, Yanet Hernandez Marichal, a/k/a Yanet Hernandez, 26, of West Palm Beach, and Oscar Montiel Martinez, 34, of Lake Worth, pled guilty on July 23, 2013; defendant Wilfredo Sauceda, 33, of West Palm Beach, pled guilty on July 22, 2013; defendant Alien Moya, 29, of West Palm Beach, pled guilty on July 19, 2013; and Yeisy Chouza, 31, of Miami, pled guilty on July 9, 2013.
Defendant Chouza is scheduled to be sentenced on September 30, 2013, at 9:00 a.m. before U.S. District Judge Kenneth A. Marra in West Palm Beach along with three other defendants who entered guilty pleas in June. Defendants Alien Moya, Wilfredo Sauceda, Oscar Montiel Martinez, Nelson Felix Martinez Torres, and Yanet Hernandez Marichal are scheduled to be sentenced on October 21, 2013, beginning at 9:00 a.m. before Judge Marra. Defendants Yenisleydi Ramos, Noelia Marichal, Helenne Vazquez, Maykel Marquez, and Juan Francisco Avon are scheduled to be sentenced on October 28, 2013, beginning at 9:00 a.m. before Judge Marra.
Each of the defendants pled guilty to one count of conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1341, all in violation of Title 18, United States Code, Section 1349. Some of the defendants also pled guilty to mail fraud, in violation of Title 18, United States Code, Sections 1341 and 2; conspiring to commit money laundering, in violation of Title 18, United States Code, Sections 1956(a)(1), all in violation of Title 18, United States Code, Section 1956(h); and money laundering, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(a)(1)(B)(ii), and 2.
For each count of conspiracy to commit mail fraud, substantive mail fraud, conspiracy to commit money laundering, and substantive money laundering the defendants face a possible maximum statutory sentence of 20 years in prison. Restitution to the victims of the offenses is mandatory.
According to court documents, between approximately October 2006 and December 2012, the defendants staged automobile accidents and thereafter caused the submission of false insurance claims through chiropractic clinics they controlled. To execute the scheme, the true owners of the chiropractic clinics recruited individuals, who had the medical or chiropractic licenses required by the state to open a clinic, to act as “nominee owners” of the clinics. The defendants also recruited individuals, whom they referred to as “Perro” and “Perra,” to participate in the accidents, and others to help the clinics launder the insurance proceeds. The defendants also hired complicit chiropractors and therapists who prescribed and billed for unnecessary treatments and/or for services that had not been rendered. Thereafter, complicit clinic employees prepared and submitted claims to the automobile insurance companies for payment for these unnecessary or non-rendered services. Twenty-one clinics participated in this scheme.
Starting with Operation Sledgehammer I in June 2011 and including the defendants charged in Operation Sledgehammer VI, 92 defendants have been charged for their participation in this automobile insurance fraud scheme. Of those 92 defendants, 56 have been charged federally by the U.S. Attorney’s Office, resulting in court-ordered restitution of more than $5 million to the defrauded insurance companies. Thirty-six defendants have been arrested by the Florida Department of Financial Services – Insurance Fraud Division for prosecution by the Palm Beach County State Attorney’s Office.
Mr. Ferrer commended the efforts of the FBI, IRS-CI, the Florida Department of Insurance Fraud, the Palm Beach County State Attorney’s Office, and the Greater Palm Beach County Health Care Fraud Task Force for their outstanding work in this case. Mr. Ferrer also recognized the National Insurance Crime Bureau (NICB) for its collaboration and assistance in this investigation. The federal cases are being prosecuted by Assistant U.S. Attorney A. Marie Villafaña and the state cases are being prosecuted by the Palm Beach County State Attorney’s Office.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Dubuis Health System and Southern Crescent Hospital for Specialty Care, Inc. to Pay U.S. $8 Million to Resolve <br /> False Claims Act AllegationsRead the Press Release
Dubuis Health System and Southern Crescent Hospital for Specialty Care, Inc. (Southern Crescent) have agreed to pay the United States $8,000,000 to settle allegations that they submitted false claims to Medicare, the Justice Department announced today. Dubuis Health System manages long-term acute care hospitals in multiple states, including Southern Crescent. Southern Crescent is a long-term acute care hospital located in Riverdale, GA and is part of the CHRISTUS Health System.
Long term acute care hospitals are similar to typical acute care hospitals except that they are certified to focus on patients with more complex medical needs who, on average, remain in the hospital more than 25 days. Long term acute care hospitals receive a higher rate of Medicare reimbursement than do typical acute care hospitals. This settlement resolves allegations that between 2003 and 2009, Dubuis Health System and Southern Crescent knowingly kept patients hospitalized beyond the time considered to be medically necessary, to increase their Medicare reimbursement and to maintain Southern Crescent’s classification as a long-term acute care facility.
"Billing Medicare for patient care that is not necessary or appropriate contributes to the soaring costs of health care. This settlement demonstrates the Department of Justice’s commitment to protect public funds and guard against abuse of the Medicare system,” said Stuart F. Delery, the Acting Assistant Attorney General of the Justice Department’s Civil Division.
“Hospitals that violate the public trust by keeping patients hospitalized beyond what is medically necessary will not be tolerated. Our office will continue to bring cases that enforce our health care laws,” said Kenneth Magidson, United States Attorney for the Southern District of Texas.
This matter was initiated by the filing of a whistleblower complaint under the False Claims Act (FCA). Under the FCA, private citizens can bring suit for false claims on behalf of the United States and receive a share of the recovery obtained by the Government. The whistleblower in this matter, Darlene Tucker, was a former administrator at Southern Crescent. As a result of this settlement, Ms. Tucker will receive $2,160,000 of the United States’ recovery.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.7 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14.7 billion.
The case was jointly handled by the U.S. Attorney’s Office for the Southern District of Texas, the Justice Department’s Civil Division, and the Office of the Inspector General of the Department of Health and Human Services. The claims resolved by this settlement are allegations only, and there has been no determination of liability.
The case is captioned United States ex rel. Tucker v. Christus Health and Dubuis Health System, Inc., et al, No. 09-cv-1819 (S.D. Tex.).
District Woman Sentenced to Seven Years in Prison for Traffic Fatality in Southwest Washington-Impaired Driver Struck Pedestrian, Who Died After She Was Pinned to A Tree-Read the Press Release
WASHINGTON – Maria N. Werts, 49, of Washington, D.C., was sentenced today to seven years in prison on charges stemming from a traffic fatality last spring in Southwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Werts pled guilty in May 2013 in the Superior Court of the District of Columbia to involuntary manslaughter and driving under the influence. The plea, which was contingent upon the court’s approval, called for the seven-year prison term. The Honorable Herbert B. Dixon, Jr. accepted the plea and sentenced Werts today. Upon completion of her prison term, Werts will be placed on five years of supervised release.
According to the government’s evidence, on Sunday afternoon, April 28, 2013, Werts was drinking malt liquor and smoking crack cocaine immediately before getting behind the wheel of a 2010 Toyota Yaris. While driving on First Street SW, at about 2:45 p.m., Werts ran a red light at the intersection of South Capitol Street, making an illegal right turn on red. A southbound driver on South Capitol Street had to swerve to avoid colliding with Werts.
Werts lost control of the Toyota she was driving, and mounted the sidewalk adjacent to the southbound lanes of South Capitol Street. The victim, Emmajean Gainey, 58, was walking on that sidewalk with another pedestrian. Both Ms. Gainey and her companion attempted to avoid being struck by Werts, but Werts struck Ms. Gainey head on, and pinned Ms. Gainey against a tree between the sidewalk and the roadway. Ms. Gainey was killed instantly.
Bystanders immediately called 911, and attempted to push the Toyota from Ms. Gainey’s body. Witnesses saw Werts get out of the Toyota’s driver’s seat and attempt to leave the scene. Werts was stopped by witnesses until police arrived. When police arrived, they administered field sobriety tests, which Werts failed. Werts was arrested and, while at a police station, breath tests indicated that her blood alcohol content was above the legal limit for driving. Werts later admitted to drinking alcohol and smoking cocaine immediately prior to getting into the car. While she denied driving the car, stating that she was merely a passenger, several eyewitnesses identified Werts on the scene as the driver responsible for Ms. Gainey’s death.
In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the Metropolitan Police Department, including members of the Major Crash Unit. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane, Shavaka Melvin and Phil Aronson. Finally, he commended the work of Assistant U.S. Attorney Edward A. O’Connell, who prosecuted the matter.
13-261District Man Pleads Guilty to Sexually Assaulting Woman in Attack Following A Gathering at Her Apartment-Victim Was Unconscious at Time of Assault-Read the Press Release
WASHINGTON – Antawon Randall, 28, of Capital Heights, Md., has pled guilty to charges stemming from a sexual assault that he committed against a woman who was unconscious in her own home, U.S. Attorney Ronald C. Machen Jr. announced today.
Randall pled guilty on July 25, 2013, in the Superior Court of the District of Columbia to charges of second-degree sexual abuse and fourth-degree sexual abuse. The Honorable Ronna L. Beck scheduled sentencing for Oct. 11, 2013. Randall faces a statutory maximum of 20 years for the charges. He must also register as a sex offender for at least 10 years.
According to the government’s evidence, on Sept. 8, 2012, the victim and her husband hosted a gathering at their apartment in Southeast Washington. At some point during the gathering, the victim became sick from consuming too much alcohol and passed out.
When the victim’s husband went to work, Randall snuck into her bedroom and sexually assaulted her while she was unconscious.
In announcing the plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the matter.
13-263Davenport Man Sentenced to 18 Months Imprisonment for Firearm OffenseRead the Press Release
DAVENPORT, IA – On July 25, 2013, Mark Timothy Hudson, age 19, of Davenport, Iowa, was sentenced to 18 months imprisonment by Chief United States District Judge James E. Gritzner for being a felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also sentenced Alvarado to three years of supervised release.
On September 3, 2012, police responded to Hudson’s residence due to a domestic disturbance. Hudson fled from the residence and discarded a .357 magnum revolver in bushes nearby. Police recovered the firearm and arrested Hudson, who had previously been convicted of a felony offense.
This case was investigated by the Davenport, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Davenport Man Sentenced to 161 Months in Prison for Conspiracy to Distribute Cocaine BaseRead the Press Release
DAVENPORT, IA – On July 25, 2013, Keevin J. Hanes, age 26, was sentenced by United States District Judge James E. Gritzner to 161 months imprisonment for conspiracy to distribute, and possession with intent to distribute, 280 grams or more of cocaine base, announced United States Attorney Nicholas A. Klinefeldt. Hanes was also ordered to serve five years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
Beginning in approximately September 2011 and continuing until about December 26, 2012, Hanes conspired with others to distribute cocaine base in the Davenport, Iowa, area. Hanes purchased cocaine from various persons which was then converted to cocaine base and redistributed in the Davenport area. As part of the investigation, law enforcement officers conducted searches of Hanes’ Davenport residence on two occasions and seized cocaine base, cocaine, a digital scale, packaging material, drug paraphernalia, and a significant amount of U.S. currency.
This case was investigated by the Davenport, Iowa, Police Department; the United States Drug Enforcement Administration; the Muscatine County Drug Task Force; and the Iowa Department of Public Safety-Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Darrin Young Arrested for Threatening the Life of the President of the United StatesRead the Press Release
Memphis, TN – Darrin Young, a/k/a Darrin Fleming, 39, of Memphis, TN, has been charged in a criminal complaint with threatening the life of President Barack Obama, announced U.S. Attorney Edward L. Stanton III today.
Investigators first became aware of the threat while listening to phone conversations between Young and Tabitha Gentry. Gentry has been incarcerated in the Shelby County Jail since March 2013 on charges of theft of property over $250,000 and assaulting two police officers. Gentry allegedly took unlawful possession of a multi-million dollar residence on Shady Grove Road in Memphis, claiming rights to the property as a sovereign citizen.
On or about July 11, 2013, a conversation was recorded between Young and Gentry. The complaint alleges that Young stated they are going to “burn” Barack Obama; that they are going to “kill” him (President Obama); and that they are going to “murk” him (President Obama) and the Justice Department. Murk is street slang for murder.
Young is in custody awaiting an initial appearance. This case was investigated by the United States Secret Service. Assistant U.S. Attorneys Fred Godwin and Mark Erskine are representing the government.# # # #
The charges and allegations contained in this complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.C’erra Dawn Clark Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, C'ERRA DAWN CLARK, a 23-year-old resident of Poplar, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
CLARK was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On March 18, 2012, CLARK became frustrated and shook her infant child. She then threw the infant on the bed. CLARK admitted to law enforcement that she had shaken the baby. Another individual witnessed this, and recalled seeing CLARK shake the baby enough to "really upset him." Shortly after CLARK shook her, the baby began having seizures.
The child was taken to the local hospital then transported out of state to a Colorado children's hospital, where she was diagnosed with retinal hemorrhages and underwent an operative procedure involving the placement of a bilateral subdural-peritoneal shunt. The child's diagnosis for fully-restored sight is "guarded," as described by medical personnel.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLARK will likely serve all of the time imposed by the court. In the federal system, CLARK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Chicago Man Sentenced to 18 Years Imprisonment for Drug OffensesRead the Press Release
DAVENPORT, IA – On July 25, 2013, Carlos Alvarado, age 45, from Chicago, Illinois, was sentenced by Chief United States District Judge James E. Gritzner to 18 years imprisonment for possession with intent to distribute methamphetamine, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also sentenced Alvarado to eight years of supervised release.
On May 19, 2012, Alvarado met with a buyer in Burlington, Iowa, for the purpose of distributing methamphetamine. Alvarado agreed to sell the individual one-half pound of methamphetamine for $10,500. When Alvarado’s vehicle was searched, agents seized two packages containing a total of approximately 340 grams, or 12 ounces, of methamphetamine.
This case was investigated by the Drug Enforcement Administration, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Cherry Creek Man Sentenced for Sexually Assaulting A Female MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Sexual Contact with a Minor was sentenced on July 25, 2013, by U.S. District Judge Roberto A. Lange.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Scott Ray Marrowbone, age 37, was sentenced to 24 months in custody, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He must also register as a sex offender.
Marrowbone was indicted by a federal grand jury on October 16, 2012. He pled guilty to Count II of the Indictment—Sexual Contact with a Minor—on January 25, 2013.
The conviction arose from an incident that occurred between May 2005 and October 2007 when Marrowbone sexually assaulted a female minor near Eagle Butte.
California Man Sentenced to 5½ Years in Prison for Nevada Mortgage Fraud SchemeRead the Press Release
LAS VEGAS, Nev. – A California man who orchestrated a double escrow mortgage fraud scheme involving eight houses in the Las Vegas, Nev. area, has been sentenced to 5½ years in federal prison, three years of supervised release, and ordered to pay over $3.5 million in restitution, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
George Anderson, 55, of Copperopolis, Calif., was sentenced on Thursday, July 25, 2013, by Senior U.S. District Judge Roger L. Hunt. Anderson was indicted in March 2011 and pleaded guilty in April 2013 to one count of conspiracy to commit wire fraud.
“During the mid- to late 2000’s, thousands of fraudulent residential mortgage transactions in Nevada caused financial hardships for many innocent homeowners and hundreds of millions of dollars of loss to financial institutions and investors,” said U.S. Attorney Bogden. “We made this type of fraud a priority and through the end of 2012, had prosecuted 213 persons, most of who were convicted and sent to prison.”
According to the plea agreement, in about 2005, Anderson solicited four straw buyers to buy seven houses in Henderson, Nev. and one house in Las Vegas, with the understanding that Anderson would control the houses and later re-sell them at a profit. Anderson solicited a co-defendant, Andrew Swan, 38, of Heyworth, Ill., to buy the houses from the straw buyers at inflated prices in exchange for Swan receiving a portion of the profit from each sale. Swan then recruited a relative to purchase several of the homes again at further inflated prices. False information was submitted to the lenders and to the escrow company in order to receive the loans and to cause disbursement of the loan proceeds to Swan’s company, Creative Capital Group, and Anderson’s company, Anderson Financial Group. Approximately $54,000 to $86,000 from the sale of each home was dispersed to Creative Capital Group; approximately $67,000 to $164,000 from the sale of each home was dispersed to Anderson Financial Group; and approximately $19,000 to $69,000 was dispersed to each original straw buyer. The majority of the mortgage payments for the homes were not paid and the homes went into foreclosure. At least 16 mortgage loans totaling approximately $6.5 million were obtained as part of the conspiracy to defraud, and the financial institutions suffered a loss of approximately $3.5 million.
The co-defendant Swan also pleaded guilty, and was sentenced in June to 30 months in prison and ordered to pay $3.5 million in restitution.
Anderson and Swan are currently released on bond and must self-report to federal prison by Oct. 25, 2013, and Aug. 16, 2013, respectively.
The case was investigated by the FBI and prosecuted by Assistant U.S. Attorneys Sarah E. Griswold and Brian Pugh.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Box Elder Man Indicted for Burglary at Ellsworth Air Force BaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for allegedly burglarizing a building at Ellsworth Air Force Base on March 2, 2013.
Corey Roney, age 18, was indicted on July 23, 2013, for third degree burglary, destruction of government property, and larceny. Roney appeared before U.S. Magistrate Judge Veronica L. Duffy on July 25, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charges are merely accusations and Roney is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Air Force. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Roney was released on bond pending trial. A trial date has not been set.Belcourt Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 26, 2013, Cameron J. Gooden, 18, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On Dec. 24, 2012, a correctional officer at the Turtle Mountain Correctional Facility in Belcourt attempted to remove Gooden from the shower area to return him to his cell. When the officer attempted to enter the shower area, Gooden slammed a metal shower door on the officer pinning him between the door and the metal frame, causing the officer to sustain a rib fracture.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by Bureau of Indian Affairs – Turtle Mountain Agency.
Sentencing for Gooden has been scheduled for Oct. 18, 2013, in U.S. District Court in Bismarck,, N.D., at 1:15 p.m.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Bay Area Man Sentenced to 25 Years in Prison for Methamphetamine and Weapons ChargesRead the Press Release
SAN FRANCISCO - Arnoldo Sanchez Farias was sentenced on Tuesday to 25 years in prison for methamphetamine trafficking and possession of a firearm in furtherance of a drug crime, announced U.S. Attorney Melinda Haag.
Sanchez Farais, most recently of Richmond, Calif., pleaded guilty on May 7, 2013, to one count of possessing 50 grams or more of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii), and one count of possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18 U.S.C § 924(c).
According to the plea agreement, on August 9, 2011, Sanchez Farias had nearly 50 pounds of methamphetamine, packaged in individual one-pound bags, hidden in a tool chest in his apartment in Richmond, Calif., as well as seven firearms. Among the weapons were three 9mm pistols, a .357 magnum revolver, two shotguns, and an SKS assault rifle. The weapons were located in Sanchez Farias’ bedroom, including a loaded pistol on his bedside table. Sanchez Farias admitted possessing these weapons in the event a rival drug dealer, drug customer, supplier, or other person sought to rob or harm him.
Sanchez Farias was indicted by the Grand Jury on September 8, 2011.
The sentence was handed down by The Honorable Richard Seeborg, U.S. District Court Judge. Judge Seeborg also sentenced Sanchez Farias to a 10-year period of supervised release and ordered that he forfeit the firearms and approximately $16,000 in cash that agents and officers found with the methamphetamine and the weapons. The defendant has been in custody since August 9, 2011 and will begin serving the sentence immediately.
This case is being prosecuted by Assistant U.S. Attorney Kevin Barry with the assistance of Assistant U.S. Attorney David Countryman and Erica Doerr. The prosecution is the result of a joint investigation by the California Bureau of Narcotics Enforcement, the West Contra Costa Narcotics Enforcement Team, and ICE Homeland Security Investigations.
(Farias Indictment )
Arlington, Texas, Man Fined $10,000 for Role in Conspiracy to Obstruct Justice by Attempting to Influence A Federal JudgeRead the Press Release
FORT WORTH, Texas — At a sentencing hearing held this morning in federal court in Fort Worth, an Arlington, Texas, man, Shani Shehu, 42, was sentenced by U.S. District Judge John McBryde to a two-year term of probation and fined $10,000, following his guilty plea in April 2013 to an information charging one count of conspiracy to obstruct justice by attempting to influence a federal judge. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, from early February 2012 to mid-May 2012, Shehu conspired with Halid Amer, 42, formerly of Grand Prairie, Texas, to obstruct justice in an effort to unlawfully obtain a probated sentence for Amer. Amer had pleaded guilty in January 2012 to his role in a mortgage fraud conspiracy and at the time, was awaiting sentencing by U.S. District Judge Jorge A. Solis, in Dallas.
On February 4, 2012, according to the plea documents, Shehu arranged for Amer to meet with a man from Arlington who could put Amer in touch with someone who knew Judge Solis. At the meeting, Amer told the man that he was willing to pay a cash bribe to Judge Solis in return for a guarantee of a probated sentence. This man, however, advised law enforcement of the plans and the FBI arranged for an undercover agent to meet with Shehu and Amer. During an April meeting, Amer expressed concern that if he were caught making a bribe, he could make matters worse for himself. Then, in a meeting one week later, Shehu expressed concern that he believed that they might be working with an undercover law enforcement agent and wanted to receive assurances that they were not. On May 18, 2012, during a meeting with the undercover agent, Amer and Shehu continued negotiating the amount, method and timing of the payment of the cash bribe to Judge Solis.
On June 26, 2012, after the government learned of Amir’s plan to give a cash bribe to the judge in return for a probated sentence, the Court granted the government’s motion to revoke Amir’s bond. Amer is currently serving a 41-month federal prison sentence in Federal Correctional Institute (FCI) Memphis on the mortgage fraud conviction. The conspiracy case against Amir was transferred to the Western District of Tennessee, where he has pleaded guilty and been sentenced on the offense.
The case was investigated by the FBI. Assistant U.S. Attorney Jay Weimer prosecuted.
Thursday 25 July 2013
Zuhair Hamed and Jihad Hamad Plead Guilty to Conspiracy to Commit BriberyRead the Press Release
ZUHAIR HAMED, age 51, and JIHAD HATEM HAMAD, age 27, both residents of Gretna, Louisiana, pleaded guilty today to one count of Conspiracy to Bribe an Agent of Local Government in Connection with a Program Receiving Federal Funds in a one-count Superseding Bill of Information, announced U. S. Attorney Dana J. Boente. Mr. Boente commended the Police Chief of the City of Harahan for reporting to law enforcement the facts which led to the opening of the investigation, and for cooperating in the investigation.
According to court documents, JIHAD HAMAD was the owner and operator of Harahan Cheap Smokes, a gas station and convenience store located in Harahan, Louisiana. HAMAD was seeking a permit allowing the sale of wine and hard liquor at his store. ZUHAIR HAMED assisted the efforts of JIHAD HAMAD to obtain the liquor permit. The police chief of the City of Harahan repeatedly stated that he would oppose the issuance of such permit because the convenience store was located within 300 feet of a church, a prohibited distance under Louisiana law and Harahan city ordinance.
According to court documents, in March 2012, JIHAD HAMAD told the police chief that his father was a very wealthy man who would be willing to make a contribution to the police chief’s political campaign in exchange for approval of a permit to sell wine and hard liquor at the convenience store. The police chief stated that he thought he knew HAMAD’s father, who had owned a convenience store on Martin Luther King Boulevard in New Orleans. HAMAD agreed that ZUHAIR HAMED, in fact, was his father. However, the two men were not related.
According to court documents, the police chief considered the offer to provide him with campaign contributions in return for the liquor permit to be an attempt to bribe him. Therefore, the police chief reported the matter to the Federal Bureau of Investigation, which initiated an investigation of the matter.
ZUHAIR HAMED then met several times with the police chief, discussed the liquor permit, and offered payments in cash, by blank money order, or by business checks payable to the police chief’s campaign. In May and June of 2012, JIHAD HAMAD gave ZUHAIR HAMED $3,000 to be used to make payments to the police chief. ZUHAIR HAMED then paid the police chief a total of $3,000 in two payments, one in cash, and one by means of a check drawn on the account of a business related to ZUHAIR HAMED’s family member, on which check the payee was blank. He also agreed to make additional payments to the police chief in the future. JIHAD HAMAD joined the last meeting held between the police chief and ZUHAIR HAMED, at which the two defendants discussed the financial losses being suffered because wine and hard liquor could not be sold at Harahan Cheap Smokes.
ZUHAIR HAMED and JIHAD HATEM HAMAD each face a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment on their pleas of guilty. Sentencing is set for October 31, 2013 at 2:00 p.m.
The case was investigated by the Federal Bureau of Investigation and the United States Attorney’s Office.
The case is being prosecuted by Executive Assistant U. S. Attorney Eileen Gleason.
(Download Factual Basis - Hamed )
(Download Factual Basis - Hamad )
Watervliet Man Gets Eight Years in Prison for Child PornRead the Press Release
GRAND RAPIDS, MICHIGAN – David Alan Inman, 51, of Watervliet, Michigan was sentenced on Wednesday, July 24, 2013, to 96 months (eight years) in federal prison for receipt of child pornography videos, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Janet T. Neff imposed a 10-year term of supervised release that will commence once Inman is released from imprisonment. Inman will also be required to register as a sexual offender.
The case stemmed from an online investigation that took place in late 2009. During that investigation, members of law enforcement learned that an individual, later identified as Inman, had made numerous items of child pornography available for download on the Internet. Agents ultimately executed two search warrants at Inman’s home and recovered a number of computers that contained a substantial collection of child pornography. Inman confessed to downloading child pornography images and videos from the Internet, and he further admitted to sharing child pornography with others via the Internet.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov.
The Federal Bureau of Investigation (FBI) and the Berrien County Sheriff's Department investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
END
Waterloo Woman Found Guilty TO Conspiracy to Distribute HeroinRead the Press Release
April Tillman, 47, from Waterloo, was convicted of conspiracy to distribute heroin by a jury on July 24, 2013, after a three-day trial in federal court in Cedar Rapids.
The evidence at trial showed that from between about January 2007 and August 2012, Tillman was involved in a conspiracy with others in the Waterloo area to distribute at least 1,000 grams of heroin. Tillman assisted the conspiracy by obtaining heroin from Chicago, Illinois, and distributing it in Waterloo.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set for a future date. Tillman was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Tillman faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, up tp a $20,000,000 fine, $100 in special assessments, and at least ten years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Lisa C. Williams and was investigated by Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Drug Enforcement Administration (DEA) Task Force, Tri-County Drug Task Force, Homeland Security Investigations, Internal Revenue Service, and Federal Bureau of Investigation. The Cedar Rapids DEA Task Force consists of the DEA; Linn County Sheriff's Office; Cedar Rapids Police Department; Marion Police Department; Iowa Division of Narcotics Enforcement and the Sixth Judicial District Department of Correctional Services. The Tri-County Drug Task Force consists of the Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department; and Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-2024 (14).
Virginia Man Sentenced to 50 Months in Prison for Traveling to the District of ColumbiaTo Have Sex with Under-Aged ChildRead the Press Release
WASHINGTON – George Ronald Marion, 67, of Fairfax Station, Va., was sentenced today to 50 months in prison for traveling interstate to engage in illicit sexual conduct with a minor and possessing child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Marion, a retired Army officer, pled guilty to the charges in February 2013 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Ellen S. Huvelle. Upon completion of his prison term, Marion will be placed on 10 years of supervised release. During that time, he must abide by a number of conditions, including registering as a sex offender, getting sex offender treatment, and following limits on computer/Internet usage and contact with minors. Judge Huvelle also ordered Marion to pay a $3,000 fine.
According to the government’s evidence, between Nov. 28, 2012, and Dec. 8, 2012, Marion communicated online, by text message, and by telephone with an individual regarding Marion’s interest in engaging in sexual contact with an underage girl. Marion and the individual planned to meet on Dec. 8, 2012, to engage in such sexual activity.
The individual actually was acting under law enforcement supervision, working with the FBI’s Child Exploitation Task Force. On Dec. 8, 2012, Marion traveled from Virginia to the prearranged meeting location in Washington, D.C., where he was arrested. Following Marion’s arrest, law enforcement conducted a search of Marion’s residence and found approximately seven videos and 16 images of child pornography on his computer and electronic storage devices.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also praised the work of Assistant U.S. Attorney Catherine K. Connelly and Paralegal Specialist Toni Donato of the Asset Forfeiture and Money Laundering Section. Finally, they commended Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
13-259Union City Man Pleads Guilty to Drugs and Weapons ChargesRead the Press Release
OAKLAND - Ruben Reynoso pleaded guilty in federal court in Oakland yesterday to four counts of possession with intent to distribute and distribution of methamphetamine and cocaine, and being an alien in possession of ammunition, United States Attorney Melinda Haag announced.
In pleading guilty, Reynoso admitted that in October of 2012 and again in January of 2013, he sold 17 grams methamphetamine out of his residence located on the 600 block of E Street in Union City, California. He further admitted that on the date of his arrest, April 4, 2013, he possessed with the intent to distribute additional methamphetamine and cocaine. Reynoso also admitted to possessing a Lorcin L380 .380 caliber pistol, with a loaded magazine as well as additional .380 caliber ammunition. The pistol was found under the bed in his bedroom and the additional ammunition was found in the closet of the same room in his residence in Union City. Finally, Reynoso admitted that he is an alien, illegally and unlawfully in the United States.
Reynoso, 40 years old, a Mexican citizen, was indicted by a federal Grand Jury on April 18, 2013. He was charged with four counts of possession with intent to distribute and distribution of methamphetamine and cocaine, and being an alien in possession of ammunition, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), (b)(1)(C), and 18 U.S.C. § 922(g)(5)(A). Under the plea agreement, Reynoso pleaded guilty to all counts.
Reynoso has been in continuous federal custody since April 4, 2013.
The sentencing of Reynoso is scheduled for October 16, 2013, before The Honorable Phyllis J. Hamilton, U.S. District Court Judge, in Oakland. The maximum statutory penalty for the violations are as follows:
For each count of violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii): a. Maximum prison term 40 years b. Minimum mandatory prison term 5 years c. Maximum fine $5,000,000 d. Maximum supervised release term Life e. Minimum supervised release term 4 years
For a violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C): a. Maximum prison term 20 years b. Maximum fine $1,000,000 c. Maximum supervised release term Life d. Minimum supervised release term 3 years
For a violation of 18 U.S.C. § 922(g)(5)(A): a. Maximum prison term 10 years b. Maximum fine $250,000 c. Maximum supervised release term 3 yearsAny sentence following conviction, however, is imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is the result of a ten-month investigation by Homeland Security Investigations and the Southern Alameda County Major Crimes Task Force.
Two Richland County Women Sentenced on Methamphetamine Related ChargesRead the Press Release
Two Richland County women were sentenced today to federal prison terms on methamphetamine related charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Libby J. French, 49, of Claremont, IL, was sentenced to 87 months in prison, to four years supervised release following her imprisonment, and fined $300. French had previously pleaded guilty to a two count federal indictment. Count 1 charged that from on or about July 2009, until on or about September 2012, in Richland County, and elsewhere, Libby French and others conspired to manufacture more than 50 grams of methamphetamine. Count 2 charged that from on or about July 2009, until on or about September 2012, in Richland County, Libby French did knowingly maintain a place, namely his residence in Claremont, Illinois, for the purpose of manufacturing methamphetamine. Libby French’s husband, Ronald French, was previously sentenced to 135 months in prison. Her son, Zachary French, was previously sentenced to 108 months in prison. They were convicted of similar offenses.
Debra J. Harms, 41, of Olney, IL, was sentenced to 97 months in prison, to four years supervised release, and fined $300. Harms previously pleaded guilty to one count in a federal indictment. Count 1 charged that from February 2011, until on or about October 2012, in Richland County and Edwards County, Harms conspired with others to manufacture more than 50 grams of methamphetamine.
The investigations were conducted by the Richland County Sheriff’s Office.
The cases are being handled by Assistant United States Attorney George Norwood.
Two Plead Guilty in Interstate Drug Ring Operating Jefferson CountyRead the Press Release
PITTSBURGH, Pa. - A resident of Hiawatha, Iowa and a resident of Kersey, Pa., pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Joshua Shaffer, 35, of Hiawatha, Iowa, and Joe Cesa, 26, of Kersey, Pa., pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that between February 2010 and September 2011, a conspiracy to distribute 10,000 oxycodone tablets and two pounds of methamphetamine existed in Jefferson County in Northwestern Pennsylvania and surrounding counties. Shaffer was the source-of-supply for the conspiracy, sending methamphetamine and oxycodone to Pennsylvania from his Florida home, utilizing couriers traveling by car and mailed packages.
Shaffer generally sold the oxycodone tablets for up to $25 each, and the methamphetamine wholesaled for $5600 an ounce. The pills would then be sold to drug addicts for $35 or $40 apiece, and the methamphetamine would be packaged for individual use and sold. The retail, or "street" value for the drugs Shaffer brought to Pennsylvania exceeded $500,000. Oxycodone is a highly-addictive narcotic drug that is frequently abused in Western Pennsylvania.
Cesa was a street seller of oxycodone provided to him by Shaffer or one of the other seven co-defendants. Seven of the nine defendants charged in the indictment have now pleaded guilty, with the two remaining defendants scheduled to go to trial in November.
Judge Cercone scheduled sentencing for Dec. 13, 2013 at 10:30 a.m for Cesa, and at 11 a.m. for Shaffer. The law provides for a total sentence of up to 20 years in. prison and a fine not to exceed $1,000,000 for Cesa, and not less than 10 years and up to life in prison and a fine not to exceed $10,000,000 for Shaffer. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory J. Nescott is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Pennsylvania State Police conducted the investigation that led to the prosecution of Joshua Shaffer and Joe Cesa. The Jefferson County District Attorney's Office also assisted in a related investigation targeting other oxycodone distributors.
Two Florida Residents Indicted on Charges of Schemingto Defraud and Threaten Spanish-Speaking ConsumersRead the Press Release
A grand jury in the Southern District of Florida issued an indictment for two individuals on charges of conspiracy, fraud and extortion alleging they operated a series of fraudulent businesses targeting Spanish-speaking consumers, the Justice Department and the U.S. Postal Inspection Service (USPIS) announced today. The indictment charges Daniel Carrasco, 54, and Federico Martin Gioja, 45, both of Miramar, Fla., with incorporating, owning and operating Florida companies that used telemarketers in a phone room in Argentina to extract money from consumers, using lies and extortion.Carrasco and Gioja were charged by criminal complaint and arrested on June 26, 2013. They have remained incarcerated since that time. Carrasco and Gioja, and a third individual, Romino Tasso, also were named in a civil suit filed by the Justice Department. In the civil case, the Justice Department requested that the court issue an injunction, and, subsequently, Judge Cecilia Altonaga issued a temporary restraining order barring further lies to consumers and freezing the assets of Carrasco, Gioja, Tasso and companies under their control.
“We will use every tool at our disposal, including asset freezes, injunctive relief and criminal prosecution, against companies that lie to, extort, threaten and defraud consumers,” said Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division. “Protecting Americans from fraud continues to be a top priority for the Department of Justice.”
According to the civil complaint and the affidavit filed in support of the criminal complaint, the case resulted from a referral by Spanish-language television station, Univision. Companies belonging to Carrasco and Gioja are alleged to have falsely claimed an affiliation with Univision and purported to sell products such as vitamins, lotions, medical insurance and English-language training products. However, the companies frequently did not deliver products ordered by consumers. Since the companies allegedly did not have many of the products they promised to send to consumers, consumers received other products instead. Then, according to the indictment, after consumers refused delivery of the companies’ shipments, the Argentinian phone room telemarketers called and falsely threatened consumers with arrest, deportation or fines on their gas and electric bills.
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer stated, “These defendants specifically targeted Spanish-speaking victims, pretending to be affiliated with Univision, to sell their products from their phone room in Argentina, when in fact, they had absolutely no connection to Univision, and their companies did not deliver the products consumers ordered. “We are committed to investigating and prosecuting such fraudsters, both domestic and international, whose schemes defraud consumers.”According to the criminal and civil complaints, Carrasco and Gioja routinely changed the names of the companies under which they did business to evade consumer complaints, regulators and law enforcement. Allegedly, a variety of state agencies contacted the businesses regarding their illicit practices. Those working with Carrasco and Gioja, in emails cited in the affidavit in support of arrest, referred to these companies tainted by complaints as “burnt.” Rather than changing the “burnt” companies’ practices, Carrasco and Gioja allegedly incorporated new companies and started the same illegal practices again.
The alleged fraud first came to light when the Spanish language network Univision informed the USPIS that they believed a company was involved in a fraud scheme in which it misrepresented its affiliation with the network. Subsequently, the USPIS investigated the case, submitted the affidavit in support of the criminal complaint and arrested the defendants.
“Postal inspectors will continue to investigate cases involving fraud against consumers and will vigorously pursue those individuals who use the mail to further their criminal schemes,” said Ronald Verrochio, U.S. Postal Inspector in Charge in Miami.
Acting Assistant Attorney General Delery commended the Postal Inspection Service for their investigative efforts and thanked the U.S. Attorney’s Office for the Southern District of Florida for their contributions to the civil case. The criminal case is being prosecuted by Assistant Director Richard Goldberg with the Department of Justice’s Consumer Protection Branch.
Two Florida Residents Indicted on Charges of Scheming to Defraud and Threaten Spanish-Speaking ConsumersRead the Press Release
A grand jury in the Southern District of Florida issued an indictment for two individuals on charges of conspiracy, fraud and extortion alleging they operated a series of fraudulent businesses targeting Spanish-speaking consumers, the Justice Department and the U.S. Postal Inspection Service (USPIS) announced today. The indictment charges Daniel Carrasco, 54, and Federico Martin Gioja, 45, both of Miramar, Fla., with incorporating, owning and operating Florida companies that used telemarketers in a phone room in Argentina to extract money from consumers, using lies and extortion.
Carrasco and Gioja were charged by criminal complaint and arrested on June 26, 2013. They have remained incarcerated since that time. Carrasco and Gioja, and a third individual, Romino Tasso, also were named in a civil suit filed by the Justice Department. In the civil case, the Justice Department requested that the court issue an injunction, and, subsequently, Judge Cecilia Altonaga issued a temporary restraining order barring further lies to consumers and freezing the assets of Carrasco, Gioja, Tasso and companies under their control.
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer stated, “These defendants specifically targeted Spanish-speaking victims, pretending to be affiliated with Univision, to sell their products from their phone room in Argentina, when in fact, they had absolutely no connection to Univision, and their companies did not deliver the products consumers ordered. “We are committed to investigating and prosecuting such fraudsters, both domestic and international, whose schemes defraud consumers.”
“We will use every tool at our disposal, including asset freezes, injunctive relief and criminal prosecution, against companies that lie to, extort, threaten and defraud consumers,” said Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division. “Protecting Americans from fraud continues to be a top priority for the Department of Justice.”
According to the civil complaint and the affidavit filed in support of the criminal complaint, the case resulted from a referral by Spanish-language television station, Univision. Companies belonging to Carrasco and Gioja are alleged to have falsely claimed an affiliation with Univision and purported to sell products such as vitamins, lotions, medical insurance and English-language training products. However, the companies frequently did not deliver products ordered by consumers. Since the companies allegedly did not have many of the products they promised to send to consumers, consumers received other products instead. Then, according to the indictment, after consumers refused delivery of the companies’ shipments, the Argentinian phone room telemarketers called and falsely threatened consumers with arrest, deportation or fines on their gas and electric bills.
According to the criminal and civil complaints, Carrasco and Gioja routinely changed the names of the companies under which they did business to evade consumer complaints, regulators and law enforcement. Allegedly, a variety of state agencies contacted the businesses regarding their illicit practices. Those working with Carrasco and Gioja, in emails cited in the affidavit in support of arrest, referred to these companies tainted by complaints as “burnt.” Rather than changing the “burnt” companies’ practices, Carrasco and Gioja allegedly incorporated new companies and started the same illegal practices again.
The alleged fraud first came to light when the Spanish language network Univision informed the USPIS that they believed a company was involved in a fraud scheme in which it misrepresented its affiliation with the network. Subsequently, the USPIS investigated the case, submitted the affidavit in support of the criminal complaint and arrested the defendants.
“Postal inspectors will continue to investigate cases involving fraud against consumers and will vigorously pursue those individuals who use the mail to further their criminal schemes,” said Ronald Verrochio, U.S. Postal Inspector in Charge in Miami.
Acting Assistant Attorney General Delery commended the Postal Inspection Service for their investigative efforts and thanked the U.S. Attorney’s Office for the Southern District of Florida for their contributions to the civil case. The criminal case is being prosecuted by Assistant Director Richard Goldberg with the Department of Justice’s Consumer Protection Branch.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Alleged Members of Yonkers Narcotics Ring Are Charged in White Plains Federal CourtRead 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 Field Office of the Federal Bureau of Investigation (“FBI”), Charles Gardner, the Commissioner of the Yonkers Police Department, and Joseph A. D’Amico, the Superintendent of the New York State Police, announced the arrest of two alleged members of a narcotics trafficking ring centered in and around Hoover Road in Yonkers, New York. Defendants THOMAS J. SUPPA and JOSEPH KOPPE were arrested yesterday and presented in White Plains federal court today before United States Magistrate Judge Paul E. Davison, who ordered that SUPPA be detained and KOPPE be released on bail upon meeting bail conditions.
Manhattan U.S. Attorney Preet Bharara stated: “These arrests underscore the commitment of this Office to eliminating the scourge of drug trafficking and its attendant harms from Yonkers and communities throughout the Southern District of New York. Together with our partners in state and local law enforcement, we will continue to work to improve the safety of our streets and the quality of life for our citizens.”
FBI Assistant Director-in-Charge George Venizelos stated: “As alleged, Suppa and Koppe were members of a narcotics ring that distributed large amounts of cocaine to Yonkers, damaging the fabric of a city. The FBI remains committed to working with our partners in law enforcement to eradicate this epidemic.”
Yonkers Police Commissioner Charles Gardner stated: "Individuals who choose to deal in the narcotics trade in our city will be targeted and vigorously prosecuted. These arrests are another example of our continued success working together with our federal partners to address criminal activity in our neighborhoods. I would like to thank U.S. Attorney Preet Bharara and his office along with the Federal Bureau of Investigation for their support and assistance in this investigation."
New York State Police Superintendent Joseph A. D'Amico stated: "With the arrests of these two drug traffickers, the streets of Yonkers are a safer place. Drugs and the crime and violence they cause will never be tolerated. I thank the U.S. Attorney's Office, Yonkers Police Department and the Federal Bureau of Investigation for their continued partnerships."
According to the allegations in two criminal Complaints unsealed today in White Plains federal court:
From at least January 2012 and up to and including July 17, 2013, SUPPA and KOPPE conspired together and with others to distribute crack and powder cocaine in and around Hoover Road in Yonkers. In furtherance of the conspiracy, SUPPA is alleged to have personally sold crack cocaine to an undercover law enforcement officer on or about May 6, 2013 and July 17, 2013. KOPPE is alleged to have sold crack cocaine and powder cocaine to the same undercover officer on or about June 27, 2013.
SUPPA, 30, has been charged with one count of distributing more than 280 grams of a mixture or substance containing crack cocaine, in violation of 21 U.S.C. §§ 812, 841(a), and 841(b)(1)(A), and one count of conspiracy to commit the same, in violation of 21 U.S.C. § 846. Both offenses, upon conviction, carry a maximum prison sentence of life and a mandatory minimum sentence of 10 years.
KOPPE, 32, has been charged with one count of distributing more than 28 grams of a mixture or substance containing crack cocaine, in violation of 21 U.S.C. §§ 812, 841(a), and 841(b)(1)(B), and one count of conspiracy to do the same, in violation of 21 U.S.C. § 846. Both offenses carry, upon conviction, a maximum prison sentence of 40 years and a mandatory minimum sentence of 5 years.
Mr. Bharara praised the FBI, the Yonkers Police Department, the New York State Police and the Westchester County District Attorney’s Office for their work in this investigation.
The prosecution is being overseen by the Office’s White Plains Unit. Assistant United States Attorneys Daniel Filor and Scott A. Hartman are in charge of the prosecution.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
KOPPE COMPLAINT
SuppaThomas.ComplaintTopeka Man Indicted on Charge of Sex Trafficking of A ChildRead the Press Release
TOPEKA, KAN. – A Topeka man has been indicted on federal charges of sex trafficking of a child, U.S. Attorney Barry Grissom said today.
Dominique Emanuel Tyson, 23, Topeka, Kan., is charged with one count of sex trafficking of a child and one count of producing child pornography. The indictment alleges Tyson enticed a minor child to engage in a commercial sex act. It also alleges he enticed the child to engage in a sexual act for the purpose of producing child pornography. The crimes are alleged to have occurred June 9 and June 11, 2013, in Shawnee County, Kan.
If convicted, he faces a penalty of not less than 10 years and not more than life on the charge of the sex trafficking of a child, and a penalty of not less than 15 years and not more than life and a fine up to $250,000 on the charge of producing child pornography.
The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
OTHER INDICTMENTS
Arrick Warren, 28, Kansas City, Mo., is charged with one count of conspiracy to possess with intent to distribute crack cocaine, two counts of distributing crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan., one count of possession with intent to distribute crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan., one count of maintaining a residence in furtherance of drug trafficking at 1026 Reynolds Ave., which is within 1,000 feet of Bethany Park in Kansas City, Kan., one count of carrying a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm after a felony conviction, and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times in 2012 and 2013 in Kansas City, Kan.Upon conviction the crimes carry the following penalties:
Conspiracy to distribute crack cocaine: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Distributing crack cocaine within 1,000 feet of a playground: A maximum penalty of 40 years and a fine up to $2 million on each count.
Possession with intent to distribute crack cocaine within 1,000 feet of a playground: Not less than five years and not more than 80 years and a fine up to $10 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $30,000 on each count.The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
John Moffat, 52, who is being held in the Russell County Jail, and Carter Moffat, 26, who is being held in the Russell County Jail, are charged with one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred June 26, 2013, in Russell County, Kan.If convicted, they face a penalty of not less than 10 years and not more than life and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Kalun James Purucker, 22, who is being held in the Saline County Jail, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 9, 2013, in Saline County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives Investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Joshua M. Y. Valdivia, 25, who is currently in federal custody, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred June 13, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives Investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Troy A. Kurti, 20, who is in custody in the Shawnee County Jail, is charged with is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred July 15, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives Investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Tonawanda Man Indicted for Selling Deadly Heroin Cocktail that Resulted in the Death of a Local ManRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a grand jury has handed down a 10 count indictment charging Peter N. Militello, 32, of Tonawanda, N.Y., with possession with intent to distribute and distribution of heroin and crack cocaine. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, a fine of $1,000,000 or both.
Assistant U.S. Attorney Eric M. Opanga, who is handling the case, stated that according to the indictment, between January 25 2010 and June 6, 2013, the defendant sold heroin and crack cocaine on several occasions in the City of Buffalo. On May 23, 2013, Militello sold a heroin and fentanyl mixture to an individual residing in Buffalo. Several hours later, the man was found dead in his residence by a family member. An autopsy performed on the man found that he died as a result of acute intoxication from the heroin and fentanyl mixture.
"This is the first prosecution involving this deadly mixture of heroin and fentanyl," said U.S. Attorney Hochul. "Our Office in collaboration with our law enforcement partners at every level, have joined together to warn the public of the deadly consequences of this emerging threat. The community needs to know the dangers of this mixture which can result in death in mere minutes after it enters the body. Let this case serve as a warning to anybody who engages in the trafficking of any illegal narcotics that we will vigorously track you down and bring you to justice."The indictment is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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.