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12 September 2013
Illegal Firearms and Drug Dealer Admits Selling at Least 100 Guns to Criminals in the Camden, N.J., AreaRead the Press Release
Guns Originated From Straw and Gun Show Purchases in Ohio and Virginia
CAMDEN, N.J. – A Woodlynne, N.J., man today admitted – as part of his guilty plea to federal firearms and drug distribution charges – to selling illegally to drug dealers and other criminals in the Camden area at least 100 guns he purchased with cash from other illicit firearms dealers, U.S. Attorney Paul J. Fishman announced.
Terrance Laboo, aka “Terrance Reeves,” 40, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with one count each of dealing firearms without a license, conspiracy to deal in firearms without a federal firearms license, possession of firearms by a convicted felon and distribution of PCP.
“Today Terrance Laboo admitted he poisoned the streets of Camden with dangerous drugs and deadly weapons,” said U.S. Attorney Fishman. “Criminals who exploit the laws of other states to bring guns into New Jersey fuel a culture of violence that destroys communities and lives.”
“We will continue to be relentless in the pursuit of anyone who aims to put guns in the hands of criminals,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Thomas J. Cannon.
According to documents filed in this and related cases and statements made in court: Laboo admitted that between December 2009 and September 2011, he sold or brokered the sale of at least 100 handguns that he purchased with cash from illegal gun distributors with out-of-state connections.
Laboo obtained many of the weapons from Joshua Jackson, aka “Apple,” aka “Trent,” 33, of Willingboro, N.J., and Columbus, Ohio. Jackson obtained most of the firearms through purchases at gun shows from unlicensed gun sellers who were not subject to background checks. Some of the firearms also were purchased at Ohio gun stores by straw purchasers working for Jackson, who then transported the handguns to New Jersey from Ohio and resold them to Laboo and others in the Camden area. Laboo admitted he knew he was buying guns that came illegally from Ohio and Virginia.
At the time of the gun sales, Laboo acknowledged, he was distributing PCP and cocaine from the corner of 4th and Chestnut Streets in Camden. Laboo admitted he sold, directed or brokered the sale of many of the firearms to other drug dealers in southern New Jersey.
The illegal firearms dealing count and the conspiracy count to which Laboo pleaded guilty each carry a maximum potential penalty of five years in prison and a $250,000 fine. The possession of firearms by a convicted felon count carries a maximum potential penalty of 10 years in prison and a $250,000 fine. The distribution of a controlled substance (PCP) count carries a maximum penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for Jan. 14, 2014.
Jackson is charged with related charges in a separate complaint, which remains pending.
U.S. Attorney Fishman credited special agents of the ATF, under the direction of Special Agent in Charge Cannon, with the investigation leading to today’s guilty plea. He also thanked the DEA, under the direction of Special Agent in Charge Carl J. Kotowski in New Jersey, and the Camden County Prosecutor’s Office, under the direction of Prosecutor Warren W. Faulk. Fishman additionally credited special agents of the FBI, under the direction of Special Agent in Charge Edward J. Hanko in Philadelphia; the Camden County Police Department, under the direction of Chief J. Scott Thomson; and the New Jersey State Police, under the direction of Colonel Rick Fuentes, Superintendent, for their support.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the U.S. Attorney’s Office Criminal Division in Camden.
As for Jackson, the charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.13-364
Defense counsel: Tangie Boston Esq., Philadelphia
Laboo, Terrance Information
Hogsett Announces Sentencing of Central Indiana Man on Bank, Wire Fraud ChargesRead the Press Release
INDIANAPOLIS – Joseph H. Hogsett, the United States Attorney, announced today that Todd Van Natta, of Seymour and Columbus, was sentenced this morning by U.S. District Judge William T. Lawrence to 60 months in federal prison after pleading guilty to ten counts of bank fraud, three counts of wire fraud, and two counts of tax fraud. Van Natta was also ordered to pay $6,977,470 in restitution to his victims. Today’s hearing follows Van Natta’s 2012 indictment for operating a scheme that defrauded local Indiana banks of more than $10 million over two years.
“This criminal scheme was fueled by greed and left behind a trail of victims across the Hoosier State,” Hogsett said. “As Mr. Van Natta learned today, embracing such a culture of corruption doesn’t pay. You will be caught, and you will be brought to justice.”
Van Natta was the president and manager of the Seymour-based Van Natta Asset Management, LLC, along with a variety of related companies. The company was involved in commercial and residential real estate projects, as well as the aviation business.
Beginning in March 2007 and continuing until 2009, Van Natta devised a scheme to defraud financial institutions, obtaining large sums of money under false pretenses. Van Natta accomplished this by preparing and submitting numerous false documents to banks throughout central and southern Indiana, including local financial institutions headquartered in Bartholomew, Decatur, Washington, Morgan and Monroe Counties.
By using these false documents, including fraudulently-created tax returns that hid the true income and financial affairs of Van Natta’s family members, the defendant was able to secure a number of substantial loans from the financial institutions for a variety of purposes. These loans included $3.8 million for a property in Evansville, $2.1 million for multiple properties in Seymour, and $3.1 million for a variety of properties in Fort Wayne. Loans were also taken out to purchase a 1970 Cessna Aircraft ($100,000), and a 2007 Fantasy Yacht ($550,000).
In addition, Van Natta defrauded a resident of Utah by falsely claiming that he was the owner of an aircraft that the defendant had listed for sale. Van Natta then accepted thousands of dollars from the individual, ostensibly for the purchase and upgrade of the aircraft. At no time did Van Natta actually own the aircraft in question, nor was it ever delivered to the individual as per the purchase agreement.
According to Senior Litigation Counsel Steven D. DeBrota and Assistant U.S. Attorney MaryAnn Mindrum, who prosecuted the case for the government, Van Natta was ordered to pay full restitution to his victims, and must serve 5 years of federally-supervised release at the end of his prison term. The federal government has filed its intention to seize Van Natta’s assets that were attained through criminal activity. This prosecution was the result of a collaborative investigation involving the Federal Bureau of Investigation and the Internal Revenue Service.
Grand Jury Indicts Former Executive at Collin Street BakeryRead the Press Release
Defendant Sandy Jenkins, Who Allegedly Embezzled More Than $16 Million From the
Bakery, is Charged With 10 Counts of Mail FraudDALLAS — A federal grand jury returned an indictment late yesterday charging Sandy Jenkins, 64, of Corsicana, Texas, with 10 counts of mail fraud stemming from his alleged embezzlement of approximately $16 million from his former employer, the Collin Street Bakery (Bakery) in Corsicana. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jenkins served as the Corporate Controller for the Bakery from February 1998 to June 21, 2013. On June 21, 2013, Jenkins was terminated after the Bakery discovered the alleged fraud.
In particular, according to documents filed in the case, Jenkins caused Bakery checks to be written to his personal creditors and then manipulated the Bakery’s computerized accounting system to show that the checks had been voided. To keep the Bakery’s books in balance and further disguise his fraudulent activity, Jenkins created checks in the Bakery’s accounting system purporting to go to an approved vendor in the same amounts as the checks to his personal creditors. The checks to Jenkins’s personal creditors were used to bankroll a lavish lifestyle that included a house in Santa Fe, New Mexico, 43 luxury automobiles, frequent travel on private planes and a watch and jewelry collection worth approximately $3 million.
The indictment alleges that between 2005 and 2013, Jenkins caused approximately 888 fraudulent checks to be written on the Bakery’s account and mailed to Jenkins’s personal creditors, resulting in losses to the Bakery of approximately $16,649,786.00.
The investigation regarding assets is ongoing. Restitution to the victim is mandatory upon conviction in this case. The United States has various civil and criminal forfeiture and restitution collection remedies at its disposal, and makes its best efforts to maximize recovery for victims of crime. As a legal and practical matter, the seizure and liquidation of assets may be a lengthy process due to various laws that affect the rights of third parties.
The investigation is being conducted by the FBI. Assistant U.S. Attorney J. Nicholas Bunch is in charge of the prosecution and Assistant U.S. Attorney Melissa Childs is handling the forfeiture.
(Download Factual Basis)
Gavin SentencingRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Walt Green announced today that Chief U.S. District Judge Brian A. Jackson sentenced JEANNE L. GAVIN, age 62, of Baton Rouge, Louisiana, to 12 months imprisonment, 12 months of supervised release following imprisonment, and a fine of $20,000. The sentence results from the defendant’s convictions for exceeding authorized access to a government computer, in violation of Title 18, United States Code, Section 1030, and engaging in a criminal conflict of interest, in violation of Title 18, United States Code, Section 205.
The defendant’s convictions stem from actions she took while serving as a Supervisory Internal Revenue Agent and Group Manager in the Baton Rouge office of the Internal Revenue Service. In that role, the defendant supervised approximately ten revenue agents responsible for determining federal tax liability and collecting taxes for individual, partnership, and corporate taxpayers.
The defendant admitted that, while working for the IRS, she engaged in a criminal conflict of interest with her IRS employment by owning and operating a private tax and accounting business which generated over $70,000. The defendant further admitted to using her position as an IRS Manager to improperly cause subordinates to access IRS databases on over 2000 occasions for the benefit of her private tax and accounting business.
Acting U.S. Attorney Green stated, “My office, together with our federal, state, and local partners, will continue to aggressively pursue instances of public corruption wherever found. Public confidence in our governmental institutions, particularly those agencies entrusted to tax collection, is vitally important. The criminal acts of a few undermine such confidence, while overshadowing the honest efforts of the vast majority of public servants. My great appreciation to the Office of Treasury Inspector General for Tax Administration (TIGTA) who worked tirelessly with our office and the Federal Bureau of Investigation (FBI) in this important matter.”
Inspector General J. Russell George of TIGTA stated, “As our voluntary system of tax administration relies heavily upon the public’s confidence in a fair tax system, IRS employees must conduct themselves with the highest level of integrity and their conduct must be above reproach. Our message is loud and clear: TIGTA will vigorously investigate and recommend criminal prosecution for any IRS employee who violates the law.”
This matter was investigated by this office, TIGTA, and the FBI. The case is being prosecuted by Assistant United States Attorney Corey R. Amundson who serves as the Senior Deputy Chief of the Criminal Division.
Fort Thompson Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Kyle Marks, age 29, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to the Indictment that charged him with Failure to Register as a Sex Offender.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, a mandatory minimum period of 5 years of supervised release, an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Marks failed to register as a sex offender from May 2013 to June 11, 2013. He had initially been convicted in federal court in 2004 of abusive sexual contact with a child and was sentenced to prison as well as being required to register as a sex offender. After release from prison on his underlying charge, he had violations of his court ordered supervision, and remained under the court’s supervision until this year. While placed at a treatment facility in Rapid City to try and help him successfully re-integrate into society, Marks absconded in May 2013 and failed to properly maintain his updated sex offender registry requirements. Marks fled from authorities until he was apprehended on July 16, 2013.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Marks was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 25, 2013.Former State Senator Enters a Plea of Guilty to Wire FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that Brenda Council waived Indictment and entered a plea of guilty to a felony Information charging her with Wire Fraud. The plea was entered before the Honorable Lyle E. Strom, Senior United States District Court Judge, in Omaha. The Court ordered a presentence investigation and set sentencing for December 5, 2013.
The Information charged that Council, while a Nebraska State Senator, withdrew campaign funds and used those funds to place wagers at casinos in Kansas, Missouri and Oklahoma. Council misappropriated approximately $63,000 from her campaign funds between January 2010 and July 2012.
Council solicited campaign contributions from individuals and businesses to facilitate her election and re-election to the Unicameral. Periodic campaign statements accounting for contributions and expenses were filed with the Nebraska Accountability and Disclosure Commission. The periodic campaign statements were false in that they failed to account for the electronic transfer of funds at various casinos for the purpose of wagering.
During the calendar years 2010 and 2011 Council placed wagers at casinos in Kansas, Missouri and Oklahoma. Using an ATM card drawing off her election campaign account, she would withdraw campaign funds from her bank account in Nebraska. Withdrawals would be made from ATM machines in or near the casinos in Kansas, Missouri and Oklahoma. The electronically withdrawn funds would then be used to wager at the casinos.
Council entered into a plea agreement with the United States. The plea agreement contains a provision wherein the parties agree that the appropriate sentence is a term of probation. Should the Court accept the plea agreement the Court must impose a sentence of probation. The Court retains the discretion to set the length and terms of probation and impose a fine within the statutory limits. The Court may also order restitution.
United States Attorney Deborah R. Gilg expressed her appreciation to the Federal Bureau of Investigation for their investigation. Ms. Gilg noted that the felony charge is an appropriate disposition that highlights the serious nature of her actions. Ms. Gilg further noted that Council violated the public trust through her misuse of campaign contributions.Former South Pittsburg, Tenn., Mayor and Co-conspirator Plead Guilty to Conducting Illegal Gambling BusinessRead the Press Release
A former mayor of South Pittsburg, Tenn., and a co-conspirator pleaded guilty today in Chattanooga, Tenn., to conducting an illegal gambling business, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Special Agent in Charge Kenneth Moore of the FBI’s Knoxville, Tenn., Field Office.
Former South Pittsburg Mayor James Michael Killian, 56, and Robert Barry Cole, 53, both of South Pittsburg, pleaded guilty today before U.S. District Judge Curtis L. Collier in the Eastern District of Tennessee to criminal informations charging them each with one count of conducting an illegal gambling business.
According to court documents, Killian was mayor of South Pittsburg from 2005 until 2012. During that time, Killian conducted a gambling operation that involved video gambling machines located at a convenience store he owned in South Pittsburg. Killian also managed an “outlaw” lottery, in which bettors placed illegal bets on legal state lotteries.
In addition, Killian ran an illegal sports betting ring in partnership with Cole. Cole received sports bets, collected wagers and paid successful bettors their winnings, and Killian and Cole split the proceeds of the operation.
At sentencing, scheduled for Jan. 9, 2013, Killian and Cole both face up to five years in prison and a $250,000 fine. Killian is subject to criminal forfeiture of $38,475, four computers and 12 video gambling machines. Cole is subject to criminal forfeiture of $19,020, a ring appraised at $17,500 and two computers.This case is being prosecuted by Trial Attorneys Mark Angehr, Barak Cohen and Peter Sprung of the Criminal Division’s Public Integrity Section and is being investigated by the FBI.
Former Head of Boston Fbi Charged with Violating Criminal Ethics LawRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, and Michael E. Horowitz, Inspector General for the Department of Justice, today announced that a former Assistant Director of the Federal Bureau of Investigation’s Criminal Investigative Division has been charged with violating a federal ethics law that prohibits senior executive branch personnel from making professional contacts with the agency in which they were employed for one year after leaving government service.
In an Information that was filed today in U.S. District Court in Boston, KENNETH W. KAISER, 57, of Hopkinton, Mass., is charged with one count of making prohibited post-employment contacts. KAISER, a 27-year employee of the FBI, served as the Special Agent in Charge of the Boston office of the FBI from April 2003 through December 2006, and then as an Assistant Director at FBI Headquarters in Washington, D.C., until his retirement in July 2009.
According to the Information, on July 3, 2009, the same day that he retired from the FBI, KAISER was hired as a consultant by LocatePlus to handle an internal investigation regarding corporate wrongdoing by the company’s former Chief Executive Officer and Chief Financial Officer, and to help generate government sales for the company’s products and services. In March 2010, KAISER became a full-time employee of LocatePlus, holding the title Director of Government Sales. Beginning just 17 days after his retirement, KAISER had numerous prohibited electronic, telephonic and in-person contacts with FBI employees regarding a then-ongoing FBI investigation involving LocatePlus and the actions of its former executives. During the one-year ban period, KAISER also had prohibited contacts with FBI employees in an effort to gauge the FBI’s interest in LocatePlus’ products and services in an attempt to generate sales to the FBI.
As further alleged in the Information, in August 2009, KAISER was hired by a corporate executive living in Gloucester, Mass., who had received a threatening letter in the mail. Working on behalf of this individual, KAISER had additional improper contacts with the FBI Boston office.
If convicted, KAISER faces a maximum term of imprisonment of one year and a fine of up to $100,000.
This matter is being investigated by the Department of Justice Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Diane C. Freniere.
Acting U.S. Attorney Daly stressed that the details contained in the Information are allegations, and a defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Former Airline Executive Sentenced to Prison for Schemes to <br /> Defraud Illinois-Based Ryan International AirlinesRead the Press Release
A former executive of Ryan International Airlines, a charter airline company located in Rockford, Ill., was sentenced today to serve 87 months in prison and to pay restitution for participating in kickback schemes to defraud Ryan, the Department of Justice announced.
Wayne E. Kepple, the former vice president of ground operations for Ryan, was sentenced to serve 87 months in prison and to pay $529,998 in restitution. On Nov. 4, 2011, Kepple pleaded guilty in U.S. District Court in West Palm Beach, Fla., to three counts of conspiracy to commit wire fraud and honest services fraud and three counts of wire fraud. The charges against Kepple stem from a kickback scheme involving Robert A. Riddell, the former owner and operator of an airline security and ground service company, as well as separate kickback schemes involving David A. Chaisson, the former owner and operator of an Indiana flight management services company, James E. Murphy, the former owner and operator of a Florida aviation fuel supply company, and others.
Ryan provided air passenger and cargo services for corporations, private individuals and the U.S. government – including the U.S. Department of Defense and the U.S. Department of Homeland Security.
“Today’s sentence should serve as a stiff deterrent to executives who might be tempted to solicit a kickback from their supplies in exchange for their honest services,” said Bill Baer, Assistant Attorney General in charge of the Antitrust Division. “The Antitrust Division is committed to ensuring that contracts are won based on competition and not collusion.”According to court documents, Kepple was in charge of contracting with providers of goods and services on behalf of Ryan and approving the invoices submitted by the providers to Ryan for payment. From October 2005 through at least August 2009, Kepple participated in three separate conspiracies in which he received kickback payments of more than $520,000 from Riddell, Murphy, Chaisson and others in exchange for Kepple awarding them Ryan airline services and fuel contracts. According to court documents, the payments from Chaisson and Riddell included the proceeds of fabricated invoices submitted by their companies to Ryan.
As a result of the ongoing investigation, four individuals, including Kepple, have pleaded guilty and been sentenced to prison. On Oct. 28, 2011, Murphy was sentenced to serve 23 months in prison and to pay $42,500 in restitution and Chaisson was sentenced to serve 16 months in prison and to pay $50,742 in restitution. On Jan. 27, 2012, Riddell was sentenced to serve 24 months in prison and to pay $131,540 in restitution. Kepple’s 87-month sentence reflects his central role in multiple kickback schemes.
On Aug. 13, 2013, a fifth individual, Sean E. Wagner, and his company, Aviation Fuel International Inc. (AFI), a Florida-based airline fuel supply company, were indicted for participating in a conspiracy to defraud Ryan by making kickback payments to Kepple in exchange for awarding business to AFI. That case is ongoing.
The investigation is being conducted by the Antitrust Division’s National Criminal Enforcement Section and the U.S. Department of Defense’s Office of Inspector General with assistance from the U.S. Attorney’s Office for the Southern District of Florida. Anyone with information concerning anticompetitive conduct in the airline charter services industry is urged to call the Antitrust Division’s National Criminal Enforcement Section at 202-307-6694 or visit www.justice.gov/atr/contact/newcase.htm.
Fifth Defendant Sentenced in Unemployment Insurance Fraud CasesRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
South Bend, Indiana — United States Attorney David Capp announced today that since May 2013, as a result of an investigation conducted by the United States Department of Labor-Office of the Inspector General and the Indiana Department of Workforce Development, the United States Attorney’s Office for the Northern District of Indiana has prosecuted and convicted five (5) individuals who fraudulently collected government funds in the form of unemployment insurance benefit payments from the State of Indiana.Assistant United States Attorney Barbara Brook handled these prosecutions for the United States Attorney’s Office.
Christina Glen, 43, of LaPorte, Indiana, was sentenced today by District Judge Robert Miller, Jr. to two years of probation and $15,210.00 in restitution after pleading guilty to the felony offense of theft of government funds.
According to documents filed in this case, Glen and four (4) other individuals fraudulently collected government funds in the form of unemployment insurance benefit payments from the State of Indiana.These individuals worked for the same company in Michigan City, Indiana and, while they received wages, fraudulently applied for and received these benefit payments to which they were not entitled. The total amount of restitution to be paid to the State of Indiana by each defendant ranged from $15,000 - $25,000, but collectively amounted to $97,523.
Previously convicted in this investigation were:
Keith Galassi, 33, of Michigan City, Indiana was sentenced May 28, 2013 to 2 years of probation and restitution of $15,210 after pleading guilty to theft of government funds.
Deandre Grant, 36, of Michigan City, Indiana was sentenced June 17, 2013 to 3 years of probation with 6 months of home detention and restitution of $19,657 after pleading guilty to theft of government funds.
Terry Smith, 33, of Michigan City, Indiana was sentenced June 21, 2013 to 3 years of probation and restitution of $18,330 after pleading guilty to theft of government funds.
Leon Thomas, 38, of Lynwood, Illinois was sentenced April 4, 2013 to 2 years of imprisonment after pleading guilty to aggravated identity theft.Thomas worked and collected unemployment insurance benefit payments at the same company in Michigan City under a stolen identity.
Fairfield Man Charged with Possessing Stolen FirearmsRead the Press Release
Chance W. Young, 29, of Fairfield, Illinois, has been charged in United States District Court in Benton with possessing stolen firearms knowing or having reasonable cause to believe they were stolen, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on September 4th, alleged that Young possessed two stolen firearms from on or about June 30th to July 1st, in Wayne County. Those firearms had allegedly been taken from a rural Wayne County home during a residential burglary occurring that weekend.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
If convicted, Young faces up to 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release to follow his incarceration.
Following his initial appearance today in United States District Court in Benton, Young was ordered held without bond and remanded to the custody of the United States Marshal to await further proceedings. Young’s next scheduled court appearance is November 5th at 9:30 a.m. for a final pre-trial conference at the Federal Courthouse in Benton.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and the Wayne County Sheriff’s Department with the assistance of the Bureau of Alcohol, Tobacco, and Firearms.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Essex County, N.J., Man Charged with Eight Bank Robberies; Girlfriend Charged with Conspiracy to Commit Two Bank RobberiesRead the Press Release
NEWARK, N.J. – An Essex County, N.J., man made his initial court appearance today in connection with his alleged role in eight bank robberies that took place between Nov. 20, 2012, and Sept. 11, 2013, U.S. Attorney Paul J. Fishman announced.
Andrew Thomas, 32, of Newark, is charged by complaint with eight counts of bank robbery. His girlfriend, Jennifer Pinto, 32, also of Newark, is charged with conspiring to commit two of the eight bank robberies. Both made their initial court appearances today before U.S. Judge Joseph A. Dickson in Newark federal court.
According to documents filed in this case and statements made in court:
Thomas is allegedly responsible for a bank robbery spree that spanned several months and four counties in New Jersey and which included seven bank robberies and one attempt. Pinto is charged in the same complaint with two counts of conspiracy to commit bank robbery in connection with two of the eight bank robberies for which Thomas is charged.
Thomas robbed or attempted to rob eight banks on eight separate dates between November 2012 and September 2013. Thomas robbed the following banks on the following dates:Nov. 20, 2012
Wells Fargo Bank
550 Broad Street
NewarkInvestors Savings Bank
946 Amboy Avenue
Edison, N.J.May 3, 2013
Investors Savings Bank
56 Westfield Avenue
Clark, N.J.May 30, 2013
Garden State Community Bank
1162 Green Street
Iselin, N.J.June 6, 2013
JP Morgan Chase Bank
60 Stirling Road
Watchung, N.J.July 30, 2013
Wells Fargo Bank
550 Broad Street
NewarkAugust 10, 2013
Garden State Community Bank
310 North Avenue
Cranford, N.J.Sept.11, 2013
Lusitania Savings Bank
1135 Liberty Avenue
Hillside, N.J.In several of the bank robberies, Thomas allegedly wore similar clothes and used similar tactics in robbing the bank. In all but two of the bank robberies, Thomas allegedly pointed what appeared to be either a silver or black handgun directly at the victim bank tellers and verbally demanded money. Thomas also wore either a black V-neck shirt or blue button down shirt in several of the robberies. Pinto is charged with conspiring to commit the bank robberies in Watchung and Cranford on June 6, 2013, and August 10, 2013, respectively. In each of those bank robberies, Pinto allegedly assisted Thomas by driving him to and from the bank robberies.
Each count of bank robbery with which Thomas is charged carries a maximum penalty of 20 years in prison and a fine of $250,000. He was detained.Each count of conspiracy with which Pinto is charged carries a maximum penalty of five years in prison and a fine of $250,000. She was released on $100,000 bond.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford. He also thanked the Newark, Edison, Clark, Woodbridge, Watchung, Cranford, and Hillside police departments for their contributions to the case.
The government is represented by Assistant U.S. Attorney David M. Eskew of the U.S. Attorney’s Office General Crimes Unit in Newark.
13-369
Defense counsel: Thomas: Linda Foster Esq., Assistant Federal Public Defender, Newark
Pinto: Roy B. Greenman Esq., Union, N.J.Thomas, Andrew Complaint
Englewood Woman Sentenced to 28 Months in Federal Prison for Failure to Pay over $4.7 Million in Employment TaxesRead the Press Release
DENVER – Beth Ann Pettyjohn, age 61, of Englewood, Colorado, was sentenced yesterday by U.S. District Court Judge William J. Martinez to serve 28 months in federal prison for failure to pay over employment tax, United States Attorney John Walsh and IRS Criminal Investigation Special Agent in Charge Stephen Boyd announced. Following her prison sentence, Pettyjohn was ordered to spend 3 years on supervised release. Judge Martinez also ordered her to pay $4,669,532.05 in restitution to the IRS, as well as a $25,000 fine.
Pettyjohn waived her right to be indicted by a federal grand jury on January 17, 2013, and was charged by Information. According to the stipulated facts contained in the plea agreement, as well as the Information, Pettyjohn is the co-owner and vice president of Overhead Door Company of Denver (OHD). From September 2003 to June of 2009, Beth Ann Pettyjohn stopped paying over the payroll taxes (income taxes withheld & FICA) OHD withheld from employee wages as well as the matching portion of FICA totaling almost 4.7 million dollars owed to the IRS. Pettyjohn admitted that she knew she had a duty to pay over the amounts withheld from employee wages, but she told an IRS agent she failed to do so because the IRS was not beating down her door. Pettyjohn managed the accounting department at OHD and determined which bills were paid, and then issued and signed the related checks. Pettyjohn has a bachelor's degree in business with a major in accounting, and she has an inactive CPA license issued by the State of Colorado. During the relevant years, the defendant employed both hourly and salaried employees.
During the period in question and for many prior years, Pettyjohn and her husband lived in a home valued at over $1 million dollars. Between 2005 through 2007, Pettyjohn received wages from OHD averaging approximately $133,000 per year. Also, after Mrs. Pettyjohn stopped paying over the payroll taxes at OHD, she purchased pieces of real estate. In August of 2007, Mr. and Mrs. Pettyjohn purchased a condominium in Gypsum, Colorado for $349,900 with a $100,000 down payment. In 2009, Pettyjohn paid $285,000 in cash to purchase her son's condominium in suburban Denver. The condo was resold to an unrelated party a few months later.
“Tax fraud is not a victimless crime,” said U.S. Attorney John Walsh. “The taxpayers and the employees of the defendant are victims, and when someone commits this crime not only do they have to pay the taxes to the IRS, they also face prison time.”
“Employers who fail to remit employment taxes are victimizing legitimate businesses by creating an unfair competitive advantage over those businesses that lawfully pay their share of employment taxes,” said Stephen Boyd, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office. “As this sentence demonstrates, there are real consequences for committing employment tax fraud.”
This case was investigated by IRS-Criminal Investigation and prosecuted by Assistant U.S. Attorney Matt Kirsch.
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Eleven Defendants Sentenced to Imprisonment for Bristol Crack Cocaine ConspiracyRead the Press Release
ABINGDON, VIRGINIA-- United States Attorney Timothy J. Heaphy announced today that 11 members of a crack cocaine distribution conspiracy have been sentenced to prison in the United States District Court for the Western District of Virginia in Abingdon.
On September 10, 2013, Ashanti Rhan Henry, 36, Knxoville, Tenn., was sentenced thirty years imprisonment following his earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Ten members of the conspiracy have also previously been sentenced to terms of imprisonment:
Summer Shoulders, 21, of Bristol, Va., was sentenced to three years and one month imprisonment following her earlier plea of guilty to one count of possession with the intent to distribute 28 grams or more of cocaine base.
Marcus Stines, 21, of Bristol, Va., was sentenced to ten years imprisonment following his earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Orrett Ordine Anderson, 37, of Mt. Vernon, N.Y., was sentenced to ten years imprisonment following his earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Karen Jade Nicole Miller, 27, of Bristol, Va., was sentenced to five years imprisonment following her earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Kedrick Jamel Harris, 26, of Bristol, Tenn., was sentenced to ten years imprisonment following his earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Bredgette Dewan Shaw, 24, of Bristol, Va., was sentenced to three years and six months imprisonment following her earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Jason Troy Pritchard, 36, of Bristol, Va., was sentenced to three years and six months imprisonment following his earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
James Carl Almaroad, 32, of Bristol, Va., was sentenced to three years and six months imprisonment following his plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Jamie Lynn Stover, 36, of Bristol, Va., was sentenced to three years imprisonment following her earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
Brittany Nicole Finch, 24, of Bristol, Va., was sentenced to three years and six months imprisonment following her earlier plea of guilty to one count of conspiracy to distribute 280 grams or more of cocaine base.
According to evidence presented at the guilty plea hearings by Assistant United States Attorney Zachary Lee, Ashanti Rhan Henry, a previously convicted drug trafficker, supplied the Bristol, Virginia and Tennessee areas with large quantities of crack cocaine from sources in Knoxville, Tennessee and New York which was then distributed by other members of the conspiracy. More than 30 controlled purchases of crack cocaine were made from Henry and other members of the conspiracy and five search warrants were executed during the multi-year investigation by local, state and federal law enforcement. On March 25, 2012, a search warrant was executed by law enforcement at an apartment in the Rice Terrace apartment complex in Bristol, Virginia and Henry, Shoulders, and Finch were found to be in possession of more than two ounces of crack cocaine.
The investigation of this case was conducted by the Bristol, Virginia Police Department, Washington County, Virginia Sheriff’s Office, Bristol, Tennessee Police Department, Virginia State Police, Sullivan County Sheriff’s Department, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Marshals Service. The Washington County, Virginia Commonwealth’s Attorney’s Office, City of Bristol, Virginia Commonwealth’s Attorney’s Office, and the Sullivan County District Attorney’s Office also assisted in the investigation. Assistant United States Attorney’s Zachary T. Lee of the United States Attorney’s Office in Abingdon is prosecuting the case.
Eagle Butte Man Charged with Second Degree MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury.
Jared Slader, age 30, was indicted on September 10, 2013, for Second Degree Murder. Slader appeared before U.S. Magistrate Judge Mark A. Moreno on September 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life of imprisonment and/or a $250,000 fine, 5 years of supervised release, an additional 5 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Slader is presumed innocent until and unless proven guilty.
The Indictment alleges that on August 31, 2013, Slader did unlawfully, and with malice aforethought, kill Lester Peneaux by stabbing him with a knife.
The investigation is being conducted by the Federal Bureau of Investigation and Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Slader was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Dos Arrestados En Esquema De Rescates De Ejecucion Hipotecaria Que Continuo Despues Del Arresto Y Encarcelacion De Su LiderRead the Press Release
SACRAMENTO, California — Tamara Teresa Tikal, de 43 años de edad, de Brentwood en el Contado de Contra Costa y Ray Jan Kornfeld, de 57 años de edad, de Las Vegas, fueron arrestados hoy por su participación en una estafa que ha defraudado a propietarios de viviendas por todo California y en otros lugares, anunciaron el Abogado de los Estados Unidos, Benjamin B. Wagner, y el Abogado Genral de California, Kamala D. Harris.
El miércoles, un gran jurado federal emitió un pliego acusatorio contra Alan David Tikal, de 45 años de edad, para añadir cargos contra él y acusar a su esposa, Tamara Tikal y Kornfeld, quienes alegadamente continuaron la estafa mientras él estaba en arrestado esperando por un juicio. El pliego acusatorio fue abierto hoy después de los arrestos.
Conforme a los documentos del tribunal, a principios de enero de 2010 Alan Tikal operó un esquema de estafa a gran escala de rescate de hipotecas al ofrecer eliminar las hipotecas de los dueños de propiedades y reemplazarlas con una deuda nueva con su compañía, KATN Trust. Él afirmaba que el préstamo nuevo sólo sería por el 25% del principal original. Las víctimas pagaron miles de dólares en cuotas por adelantado y luego le hicieron pagos regulares a él por sus nuevos préstamos. Tikal y sus subordinados les ordenaron a las víctimas no pagar sus hipotecas originales y que hicieran caso omiso de toda la correspondencia de los prestamistas originales. Esto tuvo como resultado que muchas de las víctimas perdieran sus casas mediante ejecución hipotecaria. Alan Tikal fue arrestado el 28 de septiembre de 2012 y acusado mediante pliego acusatorio por cargos de fraude de correo.
Luego de su arresto, las autoridades federales del orden público continuaron investigando el caso. En noviembre de 2012, la policía se enteró de que el esquema continuaba y registraron la oficina de KATN en Las Vegas, incautando múltiples computadoras y miles de documentos. Màs tarde este año, la policía se enteró que a pesar de estos esfuerzos, el esquema continuó con las víctimas propietarios de vivienda que siguieron haciendo pagos a la compañía de los acusados. Conforme al pliego acusatorio anterior, Tamara Tikal y Kornfeld habían tenido una función central en continuar operando el esquema. Un elemento significativo del esquema que continuó fue un caso de bancarrota en el Distrito de Nevada, presentado a nombre de Alan Tikal. Tikal ha nombrado la propiedad de muchos de sus clientes víctimas como su propiedad personal, evitando así que las instituciones financieras que tenían intereses en esas propiedades pudieran ejecutar las hipotecas. En total, el esquema de Tikal victimizó a màs de mil propietarios de viviendas, quienes habían pagado màs de $3.4 millones. De los propietarios de vivienda identificados, aproximadamente el 95 por ciento reside en California y por lo menos 185 residían dentro del Distrito del Este de California.
El Fiscal de los EE.UU., Wagner, dijo: “Procesar los casos de fraude hipotecario continúa siendo una de las prioridades màs importantes de esta oficina. Los que victimizan a los propietarios de viviendas cuando màs vulnerables estàn, cuando tienen el temor de que van a perder sus casas, son los estafadores hipotecarios màs deplorables. Continuaremos procesando sin descansar a los que participen en ese tipo de estafa.”
“A través de su alegado esquema fraudulento de alivio hipotecario, Tikal, su esposa y su co-conspirador Kornfeld se metieron al bolsillo màs de $3.4 millones en cuotas iniciales y pagos de ‘préstamo’ que hicieron los propietarios de vivienda que estaban teniendo dificultades para mantener un techo donde vivir”, dijo Christy Romero, Inspectora General Especial para TARP (SIGTARP). La petulancia de su alegada estafa que engañó a màs de 1,000 víctimas quedó demostrada por el mismo nombre de la entidad comercial, KATN Trust, que supuestamente es una abreviatura, por sus siglas en inglés, para “Pateando Traseros, Tumbando Cabezas”. Se alega que la estafa explotaba la ley de bancarrota como una manera de detener los procesos de ejecución hipotecaria por parte de los prestamistas hipotecarios, incluyendo a participantes de TARP. Muchos de los propietarios de vivienda que fueron engañados no hablaban inglés como su primer idioma. SIGTARP y nuestros socios del orden público investigaràn a fondo los alegatos de fraude relacionados con TARP y se aseguraràn de que los que lo cometen sean juzgados por sus delitos.”
“Mientras continúa la crisis de las ejecuciones hipotecarias, estamos viendo un alza en las estafas que se dirigen a los propietarios de vivienda que tienen dificultades”, dijo el Abogado General de California, Harris. “Estos depredadores les roban los ahorros de toda la vida y su porción del sueño americano a familias inocentes. Agradezco el buen trabajo que ha hecho el Grupo de Fuerza Operativa contra el Fraude Hipotecario de California y de nuestros colegas en el Departamento de Justicia de los EE.UU por resolver este caso.”
“Las estafas de rescates hipotecarios se aprovechan de los dueños de viviendas que estàn teniendo dificultades y se confían. El impacto de este tipo e delito es de extrema importancia”, dijo José M. Martínez, Agente Especial a Cargo de Investigaciones Criminales del IRS (IRS-CI, por sus siglas en inglés). “El fraude en la industria hipotecaria ha tenido una función importante en casi destruir la economía de esta nación. IRS-CI està comprometida con procesar a los que se llenan los bolsillos con ganancias producto de estos esquemas.”
Este caso es una acusación conjunta por la Oficina del Abogado General de los Estados Unidos para el Distrito del Este de California y la Oficina del Abogado General de California. Es producto de una investigación extensa por la Inspectora General Especial para el Programa de Alivio para los Activos en Dificultad (SIGTARP), el Servicio de Rentas Internas - Investigaciones Criminales, el Departamento de Justicia de California la Oficina del Abogado de Distrito del Condado de Stanislaus. El Abogado Asistente de los Estados Unidos, Philip Ferrari, y la Abogada General Auxiliar, Maggy Krel, son los fiscales del caso.
Tamara Tikal comparecerà al Tribunal hoy para leerle sus cargos y derechos. Se espera que traigan a Kornfeld a Sacramento en el futuro cercano. Alan Tikal tiene fecha de juicio programada para el 3 de febrero de 2014. Si se determina que son culpables, enfrentan una sentencia de hasta 30 años en prisión. Sin embargo, cualquier sentencia impuesta se determinarà a discreción del tribunal después de considera cualesquiera factores de sentencia mandados por estatuto y las Guías Federales de Sentencia, que toman en cuenta ciertas variables. Los cargos solamente son alegados pues se presume que los acusados son inocentes a menos que se les pruebe culpables màs allà de duda razonable.
Este caso se hizo en relación con el Grupo Operativo de Detección de Fraude Financiero que estableció el presidente de los EE.UU. El grupo operativo se estableció para poner en pràctica un esfuerzo enérgico para investigar y procesar los delitos financieros. Con màs de 20 agencias federales, 94 oficinas del abogado de los EE.UU. y los socios estatales y locales, es la coalición policíaca màs amplia que nunca hayan formado las agencias de investigación y regulación para combatir el fraude. Desde que se formó, el grupo operativo ha logrado avanzar mucho en facilitar las investigaciones y acusaciones de delitos financieros; mejorar la coordinación y cooperación entre las autoridades federales, estatales y locales; atender el discrimen en los mercados de crédito y financieros y establecer contacto con el público, las víctimas, las instituciones financieras y otras organizaciones. Para màs información, visite www.StopFraud.gov.
District Pediatrician Pleads Guilty to Possession of Child Pornography-Doctor Arrested After Search of His Office in May 2013-Read the Press Release
WASHINGTON – Robert Paul Dickey, 74, a pediatrician from Washington, D.C., pled guilty today to a federal charge of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Dickey entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Robert L. Wilkins is to sentence him on Dec. 17, 2013. Dickey faces a maximum of 20 years of imprisonment, as well as a fine of $250,000. He also will be required to register as a sex offender for 15 years following his release from prison. Also, Dickey must forfeit a computer hard-drive that was seized by law enforcement during the investigation.
According to the government's evidence, on April 10, 2013, law enforcement received a “cyber tip” from the National Center for Missing and Exploited Children. That “cyber-tip” contained information that Dickey uploaded 14 images of child pornography using a Microsoft account.
Based on that “cyber-tip,” on May 8, 2013, law enforcement executed a search warrant on Dickey’s home office in Southeast Washington. Pursuant to that search warrant, law enforcement recovered various electronic devices. After a forensic review of those items, law enforcement recovered approximately 132 images of child pornography. Dickey was arrested on May 8, 2013, and has remained in custody ever since.
“Dr. Dickey was entrusted to care for the well-being of children, but he instead chose to collect images of their sexual exploitation,” said U.S. Attorney Machen. “Victims of child pornography are harmed when images of their abuse are swapped over the Internet for years, haunting the victims long after their initial abuse. We thank the National Center for Missing and Exploited Children and our law enforcement partners from the FBI and MPD for their vigilance on behalf of those victims.”
“Dr. Dickey was entrusted to care for our most precious resource, our children, but today he admitted to violating that trust by uploading child pornography to a shared website,” said Assistant Director Parlave. “The FBI will continue to actively investigate crimes against children and pursue those who victimize innocent children.”
“It is unthinkable that someone whose profession involved caring for children, would exploit children,” said Police Chief Lanier. “The Metropolitan Police Department and our local law enforcement partners are committed to bringing criminals who exploit the vulnerable to justice.”
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director Parlave and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari
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Redbord, who is prosecuting the case.Director of Cleveland Non-Profit Sentenced to A Year in Prison for Tax ViolationsRead the Press Release
The director of a Cleveland non-profit organization was sentenced today to a year in prison and ordered to pay more than $237,000 in restitution for withholding taxes from employees but not paying them over to the government, said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio.
Edward G. Kramer, 62, pleaded guilty to a 10-count criminal information in U.S. District Court in June. In addition to not paying over taxes withheld from employees, Kramer admitted that he also evaded his personal income tax obligations when he falsified his income tax returns for two years and did not file a file return in two other years, according to court documents.
“Today’s sentence is a reminder that we all have an obligation to truthfully report our income and pay taxes,” Dettelbach said. “It is especially incumbent on those who work in our legal system to follow the law themselves.”
Kramer was director and chief counsel of Housing Advocates, Inc., a non-profit organization in Cleveland that received federal funding from the U.S. Department of Housing and Urban Development. Kramer also maintained a private law practice and owned a property leasing business called Remark, according to the information.
Kramer underreported his income for calendar years 2007 (underreported by $79,262) and 2008 (underreported by $101,571), the understatement consisting of unreported payments from Housing Advocates accounts for his benefit as well as unreported income from his private law practice, according to the information.
Kramer also failed to file income tax returns for 2009 and 2010, despite the fact that he had taxable income of approximately $149,884 in 2009 and $270,687 in 2010, according to the information.
Collectively, Kramer sought to avoid paying taxes on approximately $500,000 in income between 2007 and 2010, according to the information.
Kramer was responsible for collecting, accounting for and paying over quarterly to the Internal Revenue Service income and FICA taxes on behalf of Housing Advocates, Inc. The organization deducted and collected the required taxes from the wages of its employees but Kramer willfully failed to pay over the taxes, according to the information.
The taxes collected but not paid over from January 2009 until September 2010 total nearly $80,000, according to the information.
This case is being prosecuted by Assistant U.S. Attorney Justin J. Roberts following an investigation by the Internal Revenue Service – Criminal Investigations and the Department of Housing and Urban Development – Office of Inspector General.
Desert Hot Springs Man Who Allegedly Escaped from Custody Faces New Charges Related to Pipe Bombs Found in Coachella ValleyRead the Press Release
Grand Jury Indicts Fugitive for Possessing 6 Pipe Bombs Found in Palm Springs
RIVERSIDE, California – Federal authorities are seeking the public’s help in apprehending a man who was indicted this week on federal charges of illegally possessing pipe bombs that were strewn about residential neighborhoods in Palm Springs last year.
Edward Allen Costa, 48, was indicted yesterday on six counts of possessing unregistered destructive devices (pipe bombs) and one count of escape from custody. Costa, who pleaded guilty last year to being a felon in possession of a firearm, allegedly walked away from a “halfway house” in Rubidoux last month.
The indictment alleges that Costa illegally possessed six pipes bombs that were left in various locations in Palm Springs from May 8 through May 12 last year. Costa was initially charged in relation to the pipe bombs in a criminal complaint filed in June 2012, but those charges were dismissed to allow additional investigation. When that complaint was dismissed, Costa was charged in another case being a convicted felon in possession of a .357-magnum revolver, as well as 106 rounds of ammunition.
Costa pleaded guilty late last year to the felon-in-possession charge, and he was sentenced in January by United States District Judge Virginia A. Phillips to one year and one day in federal prison. By August, the Bureau of Prisons had assigned Costa to a residential re-entry center in Rubidoux. According to court documents, Costa signed out of the facility in order to go to a state-run employment office, but he never returned. Costa was initially charged with escape in a criminal complaint filed in federal court on August 16.
Special agents with the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives had continued to investigate the case involving the pipe bombs. That investigation concluded yesterday when a federal grand jury in Riverside returned the seven-count indictment against Costa.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The charge of possession of an unregistered destructed device carries a statutory maximum penalty of 10 years in federal prison. The escape charge carries a statutory maximum penalty of five years in prison.
Costa is currently a fugitive being sought by federal authorities. Anyone with information about his whereabouts is encouraged to contact the FBI at this 24-hour number: 888-CANT HIDE (888-226-8443)
The case against Costa was investigated by the FBI and the ATF, which received substantial assistance from the Palm Springs Police Department and the Riverside County Sheriff’s Department. Also, the United States Marshals Service has provided substantial assistance in the effort to locate and arrest Costa.
Release No. 13-115
Deltona Felon Sentenced to More Than Twenty One Years in Prison for Possession of A Firearm During A Cocaine SaleRead the Press Release
Orlando, FL - U.S. District Judge Roy B. Dalton, Jr., yesterday sentenced Edwin Vidal Torres (31, Deltona) to 21 years and 10 months in federal prison for possession of a firearm by a convicted felon and possession of a firearm during a drug trafficking offense. Based upon his lengthy criminal history, which included offenses involving violence, firearms, and drug trafficking, Torres was designated a career offender. He pleaded guilty to the charges on June 4, 2013.
According to court documents, on April 18, 2013, Torres possessed a firearm during the sale of cocaine. Immediately following the sale, agents arrested Torres with 19 ounces of cocaine, a digital scale, $3,793 in cash, and a revolver. Following his arrest, Torres admitted that he carried the firearm during drug deals involving more than nine ounces of cocaine. He also stated that he carried the firearm to protect his drugs, drug money, as well as himself during his drug transactions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Volusia Bureau of Investigations. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
Davenport Woman Sentenced to One Year and One Day of Imprisonment for Bank FraudRead the Press Release
DAVENPORT, IA – On September 12, 2013, Kelly Taylor, age 51, of Davenport, Iowa, was sentenced to one year and one day of imprisonment for bank fraud, announced United States Attorney Nicholas A. Klinefeldt. Chief United States District Judge James E. Gritzner also sentenced Taylor to a five year term of supervised release, following the term of imprisonment.
Beginning in August 2012, and continuing until January 2013, Kelly Taylor executed a scheme to defraud Scott Schools Credit Union (“SSCU”). Taylor and her husband had been longstanding clients of SSCU and had a personal checking account at the credit union. On August 28, 2013, Taylor opened a business account at SSCU for the business owned and operated by Taylor and her husband.
After opening the business account at SSCU Taylor immediately wrote $430,000 worth of checks drawn on the account and deposited the checks into her personal account. Taylor knew that she did not have sufficient funds in the business account to cover the checks. Several days later, Taylor wrote $430,000 worth of checks drawn on her personal account and deposited the checks into her business account. Taylor knew that she did not have sufficient funds in her personal account to cover the checks.
Taylor continued to write checks between the business account and her personal account in close succession in order to take advantage of the time required for the bank to process the checks. By operating in this manner Taylor was able to make it appear as if there were sufficient funds in her two accounts to cover large checks and debits despite the fact that the true balances in both accounts were grossly insufficient. Taylor knew that she did not have sufficient funds in her accounts to cover the checks drawn on the accounts and she continued to kite insufficient funds checks between the accounts in order to deceive the credit union until her accounts were closed in January 2013.
This case was investigated by the United States Secret Service and the Davenport, Iowa, Police Department, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Colorado Corporation Settles Allegations of Trade Secret Theft in the Eastern District of TexasRead the Press Release
Department of Justice
Office of Public AffairsPLANO, Texas – A Colorado corporation has agreed to settle allegations of trade secret theft in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
ADA-ES, Inc., and ADA Environmental Solutions, LLC, (collectively, “ADA”), entered into a non-prosecution agreement with the U.S. Attorney’s Office accepting responsibility for their actions, pledging to continue a culture of corporate compliance, and continuing to make payments to the victim corporation from whom confidential information had been acquired.
Between approximately 2000 and 2006, ADA and another corporation agreed to jointly develop, test, and market a product known as activated carbon in North America; activated carbon was, and is, used to remove mercury emissions from waste gas created through the manufacturing process of certain industrial products. According to the non-prosecution agreement, ADA inappropriately maintained the confidential information that it had been provided by its partner corporation.
The agreement between ADA and the U.S. Attorney’s Office requires ADA to provide training programs and compliance checks designed to ensure that proper safeguards are in place to protect confidential information, and provide periodic progress reports to the U.S. Attorney’s Office. On its own, and prior to the government’s investigation, ADA employed general counsel to oversee these efforts. The agreement also requires that ADA abide by the terms of a settlement agreement between it and the partner corporation, which required a $40.5 million payment to the partner corporation as well as a running royalty on ADA’s sale of activated carbon until 2018.
“Information is akin to currency in the modern world. Like individuals, corporations that acquire protected information have a duty to guard its confidentiality,” said U.S. Attorney Bales. “We intend to be vigilant to ensure that the acquisition and use of such information is handled appropriately.”
This case was investigated by the Federal Bureau of Investigation and negotiated by Assistant U.S. Attorneys Shamoil T. Shipchandler and J. Kevin McClendon.Clarks Summit Man Charged with Threatening the PresidentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton on Tuesday charged a Clarks Summit man with threatening to kill the President of the United States.
According to United States Attorney Peter J. Smith, Nicholas Savino, age 42, allegedly sent an e-mail to the White House on August 16, 2013, that read: “President Obama the Anti-Christ. As a result of breaking the constitution you will stand down or be shot dead.”
The indictment also charges Savino with transmitting a threatening communication in interstate commerce.
The charges stem from an investigation by the United States Secret Service and the Clarks Summit Police.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
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.
Chief Executive Officer of Superior Discount Coins Pleads Guilty to Defrauding Gold Coin Investors Out of over $2.4 MillionRead the Press Release
DENVER – James P. Burg, age 62, formerly of Fairplay, Colorado, pled guilty before U.S. District Court Judge John L. Kane today to one count of mail fraud and one count of failing to file an income tax return, federal law enforcement authorities announced. Burg, who is free on bond, is scheduled to be sentenced by Judge Kane on December 17, 2013 at 10:00 a.m. Burg was indicted by a federal grand jury in Denver on November 5, 2012. The indictment remained sealed until his arrest in California on November 29, 2012.
According to the indictment as well as the plea agreement, beginning on or about October 1, 2007, and continuing through and including on or about January 12, 2012, in Colorado and elsewhere, James P. Burg devised and intended to devise a scheme to defraud customers that ordered coins from a business known as Superior Discount Coins and Gold Run Investments and for obtaining money from those customers by means of materially false and fraudulent pretenses, representations and promises. Burg took and received $2,464,099 from customers that ordered coins and he failed to deliver the coins as promised.
As part of the scheme, Burg represented that he was the Chief Executive Officer of a company known as Superior Discount Coins (“SDC”) and that SDC was in the business of selling coins. Burg also conducted business using a company known as Gold Run Investments (“GRI”) and represented that GRI was in the business of selling coins. At times, Burg operated GRI using the alias “Tim Burke”. Burg advertised and solicited customers through radio advertisements and over the internet using websites he controlled, including; www.superiordiscountcoins.com, www.yourcoinbroker.com, and www.goldruninvestments.net
Burg misrepresented and promised customers that if they ordered coins from SDC or GRI and paid him for those coins, he would deliver the coins to them or to accounts designated by them. He sent, and caused to be sent to customers that ordered coins from SDC or GRI invoices stating amounts of money owed for the coins and, in some cases, providing information about a bank account to which the customers should transfer their money to purchase the coins.
A substantial portion of the money Burg received from customers was not used to purchase coins for such customers but instead he converted the money to his own use and benefit. Burg refused to refund money to customers in several instances where the customers requested a return of their money after he failed to deliver coins as originally promised. To prevent the scheme’s detection, Burg sometimes filled customers’ orders for coins only after such customers threatened to take legal action or report him to law enforcement authorities. Burg used one customer’s payment for coins to refund funds to another customer.
For calendar years 2003 through 2009, Burg failed to file income tax returns with the Internal Revenue Service as required by law. These returns were required to be filed with the IRS on April 15 following the subsequent above mentioned years. The investigation determined during the above years Burg generated gross income over 1.3 million dollars for which he failed to pay income taxes on the income.
Mail fraud carries a penalty of not more than 20 years in federal prison and a fine of up to $250,000 per count. Failing to file a tax return carries a penalty of not more than 1 year in federal prison and a fine of up to $25,000 per count.
This case was investigated by special agents with IRS-Criminal Investigation, the Federal Bureau of Investigation (FBI), and the U.S. Postal Inspection Service.
The case is being prosecuted by Assistant U.S. Attorney Tim Neff.
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Catholic Priest Sentenced to 50 Years for Producing Child PornRead the Press Release
Project Safe Childhood
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Roman Catholic priest was sentenced in federal court today for producing child pornography.
“This sexual predator victimized five young children over a period of almost six years,” Dickinson said. “He violated his religious vows, betrayed the trust of his parishioners and shocked the entire community. He deserves to spend the rest of his life in prison for his deliberate, planned and chronic child sexual abuse. Today’s sentence of 50 years without parole, a virtual life sentence, is a just outcome to protect our children and our community from this predator priest.”
Shawn Ratigan, 47, of Independence, Mo., a diocesan priest and former pastor or assistant pastor in several area parishes, was sentenced by U.S. District Judge Gary A. Fenner to 50 years in federal prison without parole. Ratigan was the parish pastor at St. Patrick’s Catholic Church in Kansas City, Mo., and worked at St. Mary’s Church in St. Joseph, Mo., and St. Joseph’s Church in Easton, Mo. More recently, he served as chaplain to the Franciscan Sisters of the Holy Eucharist in Independence.
On Aug. 2, 2012, Ratigan pleaded guilty to four counts of producing child pornography and one count of attempting to produce child pornography. Each of those counts involved the sexual exploitation of a separate child victim. Ratigan admitted that he exploited five child victims to produce sexually explicit pictures of them. The victims ranged in age from two years old to 12 years old at the time of the offenses.
The exploitation occurred at several locations over a six-year period of time. Ratigan, at the time a Catholic priest, carried out some of these victimizations in and around a church. Others he carried out in trusted environments under the noses of the victims’ parents.
Victim Jane Doe #1
Ratigan admitted that he exploited a 6-year-old child, identified as Jane Doe #1, to produce an image of child pornography between June 11 and 12, 2005.
According to court documents, Ratigan again took photos of this victim with his cell phone in April 2011 and downloaded them to his computer while he was living at the Vincentian House. Ratigan surreptitiously took photographs of the crotch area of the child when she visited him at the Vincentian House on Easter Sunday (April 24, 2011).
Victim Jane Doe #2
Ratigan admitted that he took pictures as he exploited a 2-year-old child, identified as Jane Doe #2, to produce child pornography on May 17, 2006. These photographs were taken in the choir loft of St. Joseph’s Church in Easton.
Victim Jane Doe #3
Ratigan admitted that he took pornographic pictures of his exploitation of a 5-year-old child, identified as Jane Doe #3, between Sept. 1 and Nov. 1, 2007. Ratigan had sexual contact with this victim.
Victim Jane Doe #4
Ratigan admitted that he attempted to produce child pornography by taking close-up shots of the crotch area of the bathing suit of a 7-year-old victim, identified as Jane Doe #4, without her knowledge on July 6, 2009.
Victim Jane Doe #5
Ratigan admitted that he pulled down the pants of a child victim, identified as Jane Doe #5, while she was sleeping at her home and took pornographic pictures. This occurred between Aug. 1, 2008, and Sept. 1, 2009, while the victim was eight and nine years old.
Additional Photos
In addition to the specific offenses to which Ratigan pleaded guilty, a review of his cell phone after it was confiscated by police indicates that Ratigan also took surreptitious non-sexual photos of prepubescent girls on several occasions. In addition to the Easter Sunday photos of Jane Doe #1, Ratigan took photos of young girls in bathing suits as early as February or March 2011 and at a grocery store in April 2011. During this time period, a few members of Ratigan’s family caught him with a camera, which he had used to take pictures of a girls’ gymnastics program as it was being shown on television.
Ratigan was under written contract with his bishop during the time not to have any contact with minors, not to take pictures of minors and not to possess a computer. Ratigan nevertheless had multiple contacts with children, such as attending a St. Patrick’s Day Parade, attending a birthday party for a child at the child’s house and accessing Facebook sites. Ratigan took hundreds, if not thousands, of non-sexual photos of prepubescent girls.
This case was prosecuted by Assistant U.S. Attorney Katharine Fincham. It was investigated by the Kansas City, Mo., Police Department and the FBI Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Burien Man Sentenced to 15 Years in Prison for Receipt of Child PornographyRead the Press Release
A registered sex offender with a prior conviction for child molestation was sentenced today in U.S. District Court in Seattle to 15 years in prison for receipt of child pornography, announced U.S. Attorney Jenny A. Durkan. CHARLES GLENN PERKINS, 53, pleaded guilty in June 2013 following an investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). U.S. District Judge Ricardo S. Martinez recommended that PERKINS be placed at a prison with sex offender treatment and imposed a 15 year term of supervised release following his prison sentence.
PERKINS was identified by law enforcement in the current case when he tried to enter Canada on December 29, 2012 and was denied entry due to his prior convictions for sex offenses. PERKINS is a registered sex offender in Washington State having previously been convicted of child molestation offenses in Kitsap County in 1987 and 1990. The Canadian Border agents sent PERKINS’s laptop for screening and investigators noted two pictures of nude children. Agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations obtained a search warrant for PERKINS’s Burien residence. A review of his digital media revealed that he had received and possessed approximately 610 images and 10 videos of minors engaged in sexually explicit conduct.
PERKINS was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
The case was investigated by ICE’s Homeland Security Investigations (HSI), and was prosecuted by Assistant United States Attorney Jerrod Patterson.
Bergen County Resident Pleads Guilty to His Role in in A Large-scale Identity Theft Ring and Tax EvasionRead the Press Release
NEWARK, N.J. – A Bergen County, N.J., man today admitted his role in a large-scale and sophisticated identity theft scheme, U.S. Attorney Paul J. Fishman announced.
Matthew J. Kang, 44, Englewood Cliffs, N.J., pleaded guilty before U.S. District Judge Katharine S. Hayden to an Information charging him with conspiracy to unlawfully produce identification documents and false identification documents (Count One), conspiracy to commit wire fraud affecting financial institutions and bank fraud (Count Two), aggravated identity theft (Count Three), conspiracy to commit bank fraud (Count Four), and tax evasion (Count Five).
According to documents filed in this case and statements made in court:Kang, an independent loan broker, conspired with Sang-Hyun Park, a/k/a “Jimmy,” and others to obtain a Social Security card beginning with the prefix “586.” These 586 Social Security cards were issued by the United States to individuals, usually from China, who were employed in American territories, such as Guam. Park was the leader of a criminal organization, identified in court papers as “the Park criminal enterprise,” headquartered in Bergen County, that obtained, brokered, and sold identity documents to customers for the purpose of committing credit card fraud, bank fraud, tax fraud, and other crimes. Park pleaded guilty on Jan. 9, 2012, related to his role in the enterprise and is pending sentencing.
The Park criminal enterprise engaged in the fraudulent “build up” of credit scores associated with the Chinese identities. They did so by adding the Chinese identity as an authorized user to the credit card accounts of various conspirators who received a fee for this service – members of the enterprise’s credit build-up teams. By attaching the Chinese identities to these existing credit card accounts, the teams increased the credit scores associated with the Chinese identities. The members of the build-up teams knew neither the real person to whom the identity belonged nor virtually any of the customers who had purchased the identities.
After building the credit scores associated with these identities, Park and his conspirators directed, coached, and assisted his customers to open bank accounts and obtain credit cards. Park and his conspirators then used these accounts and credit cards to commit fraud. Park relied on several collusive merchants who possessed credit card processing, or swipe, machines. For a fee, known as a “kkang fee,” these collusive merchants charged the fraudulently obtained credit cards, although no transaction took place. After receiving the money into their merchant accounts from the credit card related to these fraudulent transactions, the collusive merchants gave the money to Park and his conspirators, minus their “kkang fee.”
Kang admitted that he obtained and brokered 586 Social Security card and counterfeit driver’s licenses through Park for others. Kang further admitted that as a member of a “build-up” team, he fraudulently established credit histories and scores for customers using these 586 identities. Kang and his conspirators used these fraudulently obtained identities to obtain credit cards and to obtain bank loans. Kang also admitted that he brokered numerous commercial loans through false statements and documents. Kang and his conspirators caused more than $4 million in financial losses.
Kang admitted that he committed tax evasion by receiving income, including commission and fees from loans he had brokered, funneling this income through his corporate accounts, and then using these funds for personal expenses. Kang admitted that around April 15, 2008, he filed an individual income tax return for tax year 2007 that declared that his taxable income for calendar year 2007 was $73,741. Kang admitted that this return failed to include $74,647 in additional taxable income that he had received in 2007, thus having an additional tax of $28,705 due the United States.
Kang faces the following statutory maximums: five years in prison (Count One); 30 years in prison (Count Two and Four); two years in prison, mandatory minimum (Count Three), and five years’ imprisonment (Count Five). Sentencing is scheduled for Jan. 6, 2014. He was arrested on Sept. 16, 2010, and released on $250,000 bail.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen; the Department of Homeland Security’s Immigration and Customs Enforcement Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees; and the Bergen County Prosecutor’s Office, under the direction of Prosecutor John L. Molinelli and the Office’s Chief of Detectives Steven Cucciniello, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Anthony Moscato of the U.S. Attorney’s Office Organized Crime/Gangs Unit and Jane Yoon of the Healthcare and Government Fraud Unit in Newark.
As for other members of the Park Criminal Enterprise, the charges and allegations contained in the Complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
13-365
Defense Counsel: Edward J. Dauber Esq. and Thomas B. Slocum Esq., NewarkBend Resident Pleads Guilty to Stealing More Than $320,000 Through Fraudulent Refund SchemeRead the Press Release
EUGENE, Ore. –Mark Timothy Ellis, 38, of Bend, Oregon, pled guilty on September 11, 2013, to making a fraudulent claim to the United States and to filing a false lien against a federal employee. As part of his plea agreement, Ellis admitted that he made a false claim to the United States when he filed a false federal tax return and obtained a $327,062 refund based on that false return. Ellis also admitted that he filed a false lien against the federal law enforcement officer who was investigating the false tax return as a means of retaliation and intimidation.
Sentencing is set for January 7, 2014, at 9 a.m. before Chief U.S. District Judge Ann Aiken. The maximum penalty for making a false claim is five years in prison and a $250,000 fine. The maximum penalty for filing a false lien is 10 years in prison and a $250,000 fine.
This case was investigated by IRS Criminal Investigations and is being prosecuted by Assistant U.S. Attorney Scott E. Bradford.
Australian Research Analyst Pleads Guilty in Manhattan Federal Court to Insider Trading ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that TRENT MARTIN, a former research analyst at an international financial services firm, pled guilty today in Manhattan federal court to charges arising from his involvement in an insider trading scheme. The scheme involved the misappropriation of material, non-public information (“Inside Information”) concerning IBM’s acquisition of a software company, SPSS, Inc., in 2009. MARTIN was arrested on these charges in Hong Kong in December 2012 and extradited to the United States in March 2013. He pled guilty today before U.S. District Judge Andrew L. Carter, Jr., pursuant to a cooperation agreement.
According to the Indictment to which MARTIN pled guilty, statements made during the plea proceeding, and other court documents:
The Inside Information concerning IBM’s acquisition of SPSS originated from a corporate lawyer who was part of the legal team that represented IBM in the transaction (“Attorney-1”) in 2009. On May 31, 2009, Attorney-1 shared Inside Information concerning the transaction, including the names of the parties and the fact that IBM was going to acquire SPSS for a significant premium over SPSS’s market price, with his close friend, MARTIN. The information was shared in confidence. Based on their longstanding history of sharing confidences, Attorney-1 expected that MARTIN would not share the information or use it to trade.
However, thereafter, MARTIN bought SPSS common stock based on the Inside Information he was given by Attorney-1 and, in turn, shared the tip with his roommate, Thomas Conradt, who worked as a stock broker at a securities trading firm (“Securities Trading Firm-1”). Conradt bought SPSS common stock and tipped David J. Weishaus, his co-worker at Securities Trading Firm-1. Weishaus allegedly bought call option contracts in SPSS based on the Inside Information. In addition, it is alleged that Conradt and Weishaus tipped their co-workers at Securities Trading Firm-1 (“CC-1 and CC-2”), who also bought SPSS call option contracts based on the Inside Information.
On July 23, 2009, MARTIN told Attorney-1 that he had purchased SPSS common stock and call options on the basis of the Inside Information that Attorney-1 had disclosed to him.
When IBM announced its acquisition of SPSS on July 28, 2009, the share price of SPSS common stock rose by 41% in one day, from the prior day’s closing price of $35.09 per share to a closing price of $49.45 per share. Thereafter, MARTIN, Conradt, Weishaus, CC-1, and CC-2 sold their SPSS positions, yielding profits of $7,900, $2,538, $129,290, $629,954, and $254,360, respectively, for a total profit in excess of $1 million.
In the fall of 2010, after the U.S. Securities and Exchange Commission (“SEC”) had begun investigating insider trading in SPSS, MARTIN told Attorney-1 that he had profited approximately $8,000 from the Inside Information concerning IBM’s acquisition of SPSS and had disclosed it to his roommate, Conradt, before the transaction was publicly announced. MARTIN also told Attorney-1 that MARTIN believed Conradt had taken a large position in SPSS before the announcement and had, in turn, shared the Inside Information with others.
MARTIN, 34, of Sydney, Australia, pled guilty to one count of conspiracy to commit securities fraud. The conspiracy count carries a maximum sentence of five years in prison and a fine of $250,000, or twice the gross gain or loss from the offense. As part of his plea agreement, MARTIN agreed to forfeit his share of the proceeds obtained from the offense. He is scheduled to be sentenced by Judge Carter on March 14, 2014 at 2:00 p.m.
Conradt pled guilty to one count of conspiracy to commit securities fraud and two counts of securities fraud on April 3, 2013. He is scheduled to be sentenced on October 3, 2013 at 10:00 a.m.
The charges against Weishaus remain pending and he is presumed innocent unless and until proven guilty. Weishaus is next scheduled to appear before Judge Carter on October 3, 2013 at 10:00 a.m.
Mr. Bharara praised the investigative work of the FBI. He also thanked the U.S. Securities and Exchange Commission and noted that the investigation is continuing.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. The task force was established 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 nearly 10,000 financial fraud cases
against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For
more information on the task force, please visit www.StopFraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys John T. Zach and David B. Massey are in charge of the prosecution.
U.S. v. Trent Martin Indictment
Arkansas Man Sentenced for Texarkana Bank RobberiesRead the Press Release
Department of Justice
Office of Public AffairsTEXARKANA, Texas – A 49-year-old Cove, Arkansas man has been sentenced to federal prison for bank robbery in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Joe Elva Whisenant pleaded guilty on June 20, 2013, to two bank robberies and was sentenced to 77 months in federal prison today by U.S. District Judge Michael Schneider. Whisenant was also ordered to pay restitution of $23,153.
According to information presented in court, on July 24, 2012, Whisenant entered the lobby of the Wells Fargo Bank branch in Texarkana, Texas, and placed a black zippered bag on the counter in front of the teller and handed the teller a note demanding money. Whisenant then fled the bank with approximately $738. A short time later, he was arrested while driving a moped. A federal grand jury returned an indictment on Aug. 1, 2012, charging Whisenant with bank robbery.After Whisenant was arrested for the Wells Fargo robbery in Texas, law enforcement officers were able to obtain evidence connecting Whisenant to the Nov. 28, 2011, robbery of the Bancorp South Bank branch in Texarkana, Arkansas. Whisenant robbed the Arkansas bank of $23,153. A federal grand in the Western District of Arkansas returned an indictment on Jan. 13, 2013, charging Whisenant in that bank robbery. On Feb. 28, 2013, the case was transferred to the jurisdiction of the Eastern District of Texas.
These cases were investigated by the FBI, the Texarkana, Texas, Police Department, the Bowie County Sheriff’s Office, and the Texarkana, Arkansas, Police Department. These cases were prosecuted by Assistant U.S. Attorneys Allen Hurst and Jonathan D. Ross.
Anchorage Man sentenced to 120 months in prison for conspiracy to distribute methamphetamine and possession of heroin in prisonRead the Press Release
Anchorage, Alaska -U.S. Attorney Karen L. Loeffler announced today that an Anchorage man was sentenced in federal court to 120 months in prison after pleading guilty to conspiracy to distribute methamphetamine and possessing heroin while in prison.
Michael Dean Miller, 31, of Anchorage, Alaska, was sentenced yesterday by U.S. District Court Judge Sharon Gleason to 120 months in prison, to be followed by a five year term of supervised release. Miller previously pled guilty to conspiracy to distribute methamphetamine.
Judge Gleason also sentenced Miller to a concurrent 18 month prison term for his possession of contraband in prison. According to court documents, Miller was found in possession of heroin after being arrested in April 2013.
According to Assistant U.S. Attorney Stephanie Courter, who prosecuted the case, Miller worked with two other individuals to sell more than forty grams of actual methamphetamine over an estimated six month period in 2012. The conspiracy culminated in a deal where the conspirators attempted to trade methamphetamine for fully automatic weapons. Additionally, Miller sold drugs on his own, a fact that he admitted to as part of his guilty plea.
In sentencing Miller, Judge Gleason noted that selling methamphetamine is a serious offense and that an individual who sells methamphetamine is harming many people in our community. Judge Gleason also noted that deterrence was important in these cases, as was the need to protect the public from people who sell dangerous drugs like methamphetamine.
Ms. Loeffler commended the Bureau of Alcohol, Tobacco, Firearms and Explosives for their investigation of this case.Alejandro Garcia Sentenced in White Plains Federal Court to 17 Years and Six Months in Prison for the Beating Deaths of Ben and Bernice NovackRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Janet DiFiore, the Westchester County District Attorney, announced that ALEJANDRO GARCIA was sentenced today in White Plains federal court to 17 years and six month in prison by U.S. District Judge Kenneth M. Karas in connection with his conviction on charges related to the 2009 beating deaths of Ben Novack and his mother, Bernice Novack.
In June 2010, GARCIA pled guilty to an Information charging him with Interstate Domestic Violence resulting in the death of Ben Novack. In accordance with his plea agreement, GARCIA was sentenced in connection with that crime and also in connection with his admitted participation in the assault upon Bernice Novack that resulted in her death. GARCIA was a cooperating witness who testified for the Government in the June 2012 trial of Narcisa Veliz Novack and Cristobal Veliz. Novack and Veliz, siblings, were convicted following the trial for their roles in engineering and executing the schemes resulting in the beating deaths of Ben Novack (Novack’s husband) and Bernice Novack (her mother-in-law). GARCIA was hired by Veliz as a hit man in both homicides. Both Novack and Veliz were sentenced to life in prison without parole.
According to the trial evidence and other information in the public record:
Ben and Bernice Novack were members of the family that built the Fontainebleau Hotel in Miami Beach, Florida. Ben Novack, who was 52 at the time of his death, owned Novack Enterprises, Inc., which did business as Convention Concepts Unlimited, a company that organized and oversaw conventions held by various businesses. Bernice Novack, who was 86 at the time of her death, was the secretary of Novack Enterprises, Inc.
On April 4, 2009, after being recruited by Veliz for the job, GARCIA surprised Bernice Novack as she started to get out of her car in the garage of her home in Fort Lauderdale, Florida, and hit her in the head and mouth with a monkey wrench. She died of her wounds shortly thereafter.
In July 2009, Veliz arranged for GARCIA and another man, Joel Gonzalez, to travel from Florida to the Rye Town Hilton in Rye Brook, New York, where Ben Novack was staying with his wife while his company oversaw a convention at the hotel. Early on the morning of July 12, 2009, Narcisa Veliz Novack let the two men into the Novacks’ room, where Garcia and Gonzalez then attacked her husband in his bed and on the floor, striking him with dumbbells and using a box-cutter to cut his eyes. The hit men silenced his screams with a pillow given to them by his wife, tied him up, and used duct tape to cover his mouth. Ben Novack died of asphyxiation and blunt force trauma.
Gonzalez, also a cooperating witness who testified at the June 2012 trial of Novack and Veliz, was previously sentenced to 10 years in prison. Two getaway drivers in the Ben Novack homicide, Denis Ramirez (Veliz’s son-in-law) and Francisco Picado (Ramirez’s cousin), also pled guilty and testified as cooperating witnesses at the trial. Ramirez and Picado were both sentenced to time served.
In addition to the prison term, Judge Karas ordered GARCIA, 36, originally of Nicaragua, to forfeit $25,500, the amount of money he was paid for his role in both homicides.
Mr. Bharara thanked Westchester County District Attorney Janet DiFiore and the prosecutors and investigators from her office for their cooperative work in this investigation and prosecution. He also praised the Federal Bureau of Investigation, the Rye Brook Police Department, the Westchester County Department of Public Safety, and the Florida Department of Law Enforcement.
Assistant U.S. Attorneys Elliott B. Jacobson, Andrew S. Dember, Jeffrey Alberts, and Special Assistant U.S. Attorney Perry Perrone of the Westchester County District Attorney’s Office, cross-designated for this case, are in charge of the prosecution.
Air Force Nco Indicted for Sexually Exploiting Toddlers and Children to Produce Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury indicted William S. Gazafi, age 44, of Lusby, Maryland, yesterday on six counts of sexually exploiting a minor to produce child pornography.The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Brigadier General Kevin J. Jacobsen, Commander Air Force Office of Special Investigations.
According to the indictment and criminal complaint, on August 15, 2013, Gazafi engaged in a chat on a website dedicated to incest discussions with an undercover officer. During the chat, Gazafi discussed his sexual interest in children and advised that he had been drugging and molesting several children, including an infant. During the chat, Gazafi allegedly sent seven images to the undercover officer, three of which were child pornography he claimed he created. The FBI identified Gazafi and he was arrested carrying multiple digital media items. A forensic examination of those items revealed videos and images that Gazafi produced of children engaged in sexually explicit conduct. These images and videos included one child as young as five months old. The images also depict children bound and handcuffed while sleeping. Gazafi is a non-commissioned officer in the U.S. Air Force working at Andrews Air Force Base.
Gazafi faces a minimum mandatory sentence of 15 years in prison and a maximum of 30 years in prison followed by up to lifetime of supervised release. Gafazi was arrested on the criminal complaint on September 3, 2013 and remains detained. Gazafi is expected to have his initial appearance on the indictment in federal court in Greenbelt early next week.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Air Force Office of Special Investigations, Calvert County Sheriff's Office and Calvert County State's Attorney's Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas of the U.S. Justice Department, Criminal Division, Child Exploitation and Obscenity Section and Assistant U.S. Attorney Thomas Sullivan, who are prosecuting the case.
11 September 2013
Wisconsin Man Pleads Guilty to Anonymous Attack on Koch IndustriesRead the Press Release
WICHITA, KAN. - A Wisconsin man has pleaded guilty to taking part in a cyber-attack on Koch Industries in Wichita sponsored by a group known as Anonymous, U.S. Attorney Barry Grissom said today.
Eric J. Rosol, 37, Black Creek, Wis., pleaded guilty to one misdemeanor count of accessing a protected computer. In his plea, he admitted that on Feb. 28, 2011, he took part in a denial of service attack on the Web page of Koch Industries, Kochind.com. From Wisconsin, he used software called a Low Orbit Ion Cannon Code, which was loaded on his computer. He took part in the attack for approximately one minute. The attack, which was organized by a computer hacking group known as Anonymous caused Kochind.com to go offline for approximately 15 minutes.
Koch Industries had hired a consulting group to protect its Web sites at a cost of approximately $183,000. The parties agree that the cost attributed to the defendant’s attack is less than $5,000.
Sentencing is set for Dec. 2. He faces a maximum penalty of one year in federal prison, a fine of up to $100,000 and restitution in an amount to be determined by the judge. Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.Wilkes-Barre Man Charged with Distributing HeroinRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a grand jury in Scranton returned an indictment Tuesday charging James King, age 47, of Wilkes-Barre, Pennsylvania, for possession of heroin with intent to distribute.
According to United States Attorney Peter J. Smith, King was arrested in April 2013 in connection with a drug sale in Kingston, PA.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Luzerne County Drug Task Force. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
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 20 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.
Wichita Store Owner Charged with Distributing Synthetic MarijuanaRead the Press Release
WICHITA, KAN. - The owner of a head shop in Wichita has been indicted on federal charges of distributing synthetic marijuana, U.S. Attorney Barry Grissom said today.
Brett Welch, 55, Hutchinson, Kan., owner of Mystic Planet at 2610 S. Seneca in Wichita, is charged with 13 counts of distributing a synthetic version of marijuana, which is a controlled substance. In addition he is charged with two counts of unlawful possession of a firearm after a felony conviction. The indictment alleges Welch sold synthetic marijuana to undercover buyers on April 17, April 19, April 24, April 26, May 1, May 10, May 29, June 14, July 2, July 17, July 18 and Aug. 7, 2013, in Wichita, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each drug count; and a maximum penalty of 10 years and a fine up to $250,000 on each of the other two counts. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.OTHER INDICTMENTS
Jose E. Piceno, 33, Newman, Calif., and Mayra J. Piceno, 33, Newman, Calif., are charged in a superseding indictment with one count of conspiracy to commit money laundering, 44 counts of money laundering, one count of conspiracy to possess with intent to distribute methamphetamine and one count of distribution of methamphetamine. The crimes are alleged to have occurred at various times from April 25 to Oct. 31, 2011, in Sedgwick County, Kan.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $500,000 on each of the drug counts, and a penalty of not less than 10 years and a fine up to $4 million on each of the drug charges. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Marisela Ramirez, 24, and Jorge Rodriguez-Maciel, 44, are charged with one count of conspiracy to distribute methamphetamine. In addition Ramirez is charged with attempting to flush $3,880 in U.S. currency through the U.S. Marshals Service’s cellblock toilet and one count of attempting to damage property belonging to the U.S. Marshals Service. The drug conspiracy is alleged to have taken place beginning at a date unknown and continuing through June 19, 2013, in Johnson County, Kan. The other crimes are alleged to have occurred Aug. 27, 2013, in Wyandotte County.
If convicted, they face a penalty of not less than 10 years and a fine up to $4 million on the conspiracy charge. Ramirez faces a maximum penalty of six months and a fine up to $10,000 on the misdemeanor charge of flushing the currency and a maximum penalty of a year and a fine up to $200,000 on the misdemeanor charge of trying to government property. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Adan Gonzalez-Bello, 31, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 28, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Juana Tapia-Duque, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Aug. 20, 2013, in Sedgwick County, Kan. She was found Aug. 20, 2013, in Sedgwick County, Kan.
If convicted, she faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Stacy L. Fisher, 40, Wichita, Kan., and Ashley C. Fisher, 30, Wichita, are charged with one count of possession with intent to distribute crack cocaine, two counts of unlawful possession of a firearm after a felony conviction; one count of unlawful possession of ammunition after a felony conviction; and one count of possession of a firearms in furtherance of drug trafficking. The crimes are alleged to have occurred Feb. 28, 2013, in Wichita, Kan.
If convicted, they face a maximum penalty of 20 years and a fine up to $1 million on the drug charge; a maximum penalty of`10 years and a fine up to $250,000 on each count of possession a firearm or ammunition after a felony conviction; and a penalty of not less than five years and a fine up to $250,000 on the count of possession of a firearm in furtherance of drug trafficking. The Sedgwick County Sheriff’s Office, the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Juan Ramon Castro-Izunza, 38, a citizen of Mexico, is charged with unlawful possession of a firearm by an alien not lawfully in the United States. The crime is alleged to have occurred Aug. 23, 2013, in Wichita, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. ICE’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.West Seneca Woman Sentenced on Drug ChargeRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Caroline Stuchal, 40, of West Seneca, N.Y., who was convicted of possession of half a kilogram of cocaine with the intent to distribute, was sentenced to 36 months in prison by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Anthony M. Bruce, who handled the case, stated that in November 2010, law enforcement officers executed a search warrant at the Winchester Grill on Harlem Road in West Seneca. Officers seized more than 500 grams of cocaine which the defendant admitted that her husband, co-defendant Vincent Stuchal, was giving to her to distribute to customers at Chuggers, a West Seneca bar.
Stuchal was arrested in June 2011 along with her husband Vincent who was convicted of the same charge on August 27, 2012 and is awaiting sentencing.
Caroline Stuchal was remanded back into the custody of New York State to face sentencing on charges of attempted possession of a controlled substance with intent to sell.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the West Seneca Police Department, under the direction of Chief Daniel Denz.Webster Plating Company; General Manager Sentenced for Violating the Clean Water ActRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Maracle Industrial Finishing, located at 39 Commercial Street, Webster N.Y., and General Manager Jon Maltese, 60, of Canandaigua, N.Y., were sentenced before U.S. District Court Judge David G. Larimer for violating the Clean Water Act. The corporation was sentenced to three years probation and was ordered to pay a $10,000 fine, while General Manager Jon Maltese was also placed on probation for three years, ordered to pay a $4,000 fine, and ordered to complete 80 hours of community service.
In addition, Thomas Maracle, President of Maracle Finishing, was ordered to establish a company-wide environmental compliance program, which includes training employees about the Clean Water Act. Maracle and his successors will be responsible for ensuring and certifying that the company remains in compliance with that plan.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Maracle Industrial Finishing worked with phosphorus and chromium products used in the metal and powder production industry. The company operates out of an industrial building in Webster which has an area with dipping tanks and a painting area. The dipping tanks are filled with various chemical solutions and parts are dipped into each one in sequence. The parts are then rinsed with other cleaning agents over the tanks. The tanks sit atop a drain system which empties into a holding pit where the material is stored for later disposal. The pit contains a sump pump which is connected directly to the outside sewer line, and this sewer connects directly to the Webster Publically Owned Treatment Works (POTW), which in turn connects to Lake Ontario, a navigable waterway of the United States.
Maracle operated under a Zero Discharge Permit that was issued by the Town of Webster beginning in January 2010. Under the permit, Maracle Finishing was not allowed to discharge any process wastewater, only sanitary waste (i.e. - water coming from sinks, toilets, and showers). Maracle Finishing and John Maltese violated this Zero Discharge Permit by repeatedly discharging process wastewater into the sewer system from the facility.
Concerning the investigation, water samples taken from Maracle Finishing in late 2011 tested positive for a wide array of process waste-water, including volatile and semi-volatile organics. Officials obtained samples taken from a sewer directly outside Maracle which connected the building to the POTW. These showed that not only was Maracle discharging process waste-water, which violated their Zero Discharge Permit, but also that some of the waste-water itself posed an explosive hazard due to its low flashpoint. Lab analysis of the waste-water showed a 40.3 degree Celsius flashpoint in violation of POTW limits. The Village of Webster POTW doesn't take any waste-water discharges below a 60 degree Celsius flashpoint because the lower flashpoint has an increased risk of explosion or fire at lower temperatures and is more dangerous.
Webster officials and investigators with the Environmental Protection Agency-Criminal Investigation Division and the New York State Department of Environmental Conservation went to Maracle on several occasions to check for discharges at the sewer outside the company. A manhole directly outside Maracle permitted easy inspection of water leaving the facility and entering the POTW system. At virtually every visit, officials were able to see process waste-water leaving Maracle's building and flowing into the POTW in violation of the Zero Discharge Permit. They confronted General Manager John Maltese, who always denied discharging anything other than bathroom water. However, during several of these visits they saw a sump pump running in plain sight which was discharging process waste-water from the holding pit area. Workers interviewed during the investigation confirmed that Maltese would order them to turn the discharge pumps on to drain the chemicals in the holding pit.
The EPA executed a federal search warrant in March 2012 and conducted extensive testing and analysis. Dye testing was performed to confirm that the material from the holding pit was the same material as that being discharged into the POTW line outside. Samples from the dipping tanks, holding pit, and paint area were also obtained and tested.
"As the judge in this case noted, these crimes could have been avoided had the defendant not attempted to cut corners," said U.S. Attorney Hochul. "This office will continue to utilize the federal environmental laws to protect the community and prevent individuals or companies from putting profit ahead of people."
The sentencings are the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency-Criminal Investigation Division, under the direction of Acting Special Agent in Charge Vernesa Jones-Allen, Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Lieutenant Richard Thomas, and the Village of Webster Department of Public Works, under the direction of Superintendent Jake Swingly.U.S. Attorney Announces Successful Prosecution of Crack Cocaine Distribution Ring Operating Out of Christian County, KentuckyRead the Press Release
PADUCAH, Ky. – David J. Hale, United States Attorney for the Western District of Kentucky, today announced the sentencing of the fifth and final defendant charged in a 20 count federal grand jury indictment with conspiracy to possess with the intent to distribute crack cocaine in Christian County, Kentucky.
The five defendants are among more than 50 defendants charged federally since 2010, as a result of an ongoing and successful investigation and prosecution of persistent drug and violent crime offenders in the Hopkinsville, Ky., community. These arrests, by federal agents working with local law enforcement agencies, have removed crack cocaine and illegal firearms from the community.
“This is another tremendous example of what can be accomplished with a collaborative law enforcement strategy,” stated U.S. Attorney David J. Hale. “The federal partnership with the Hopkinsville Police Department, Christian County Sheriff’s Office and the Christian County Commonwealth’s Attorney’s Office is getting results and contributing to a safer community.”
According to documents presented in court, the drug trafficking conspiracy operated for nearly three years from November 5, 2008 until August 25, 2011 in Christian County. Defendant Geremy Montriez Long, age 33, of Christian County, was sentenced in U. S. District Court, by Senior Judge Thomas B. Russell yesterday, to 63 months in prison, followed by five years of supervised release. Long pleaded guilty on July 10, 2012, to all charges filed against him in the indictment including distribution and possession with intent to distribute crack cocaine, hydrochloride cocaine, and marijuana, conspiracy, and to being a convicted felon in possession of a firearm.
The following defendants were charged in this cocaine distribution ring and were sentenced by Senior Judge Russell: Antonio Detrex Ware, on November 7, 2012, to 70 months in prison; Herbert Lamonte Forte, on March 4, 2013, to 92 months in prison; Corey Terrell Sivils, on October 16, 2012, to 12 months; and Coleman Anthony Henderson, on November 7, 2012, to 46 months. There is no parole in the federal system.
This case was prosecuted by Assistant U. S. Attorney Larry Fentress and was investigated by the Drug Enforcement Administration (DEA), with assistance from the Western Kentucky Gun Crime Task Force. The task force included investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Hopkinsville Police Department, and the Christian County Sheriff’s Department.
Two Individuals Indicted and Arrested for Bank Robbery and Use of A Firearm During the Comission of A CrimeRead the Press Release
SAN JUAN, P.R. – On September 5, a Federal Grand Jury returned a two-count indictment charging Rafael R. Navedo Jr., aka “Pisi”and Amir Adorno-Guishar of Bank robbery and the use of a firearm during the commission of the crime, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. Both individuals were arrested by agents from the Police of Puerto Rico’s Bank Robbery Unit and the FBI. The indictment was unsealed yesterday evening after the arrest of Adorno-Guishar.
On August 22, the defendants aiding and abetting each other, by force, violence and intimidation did take from the person and presence of another, money belonging to and in the care, custody, control, management, and possession of Banco Popular de Puerto Rico, Vieques Branch, the deposits of which were then insured by the Federal Deposit Insurance Corporation, and in committing such offense, the defendants did assault and put in jeopardy the life of another person by the use of a firearm. The total amount robbed was $25,210.00. The next hearing is the arraignment and detention hearing of Amir Adorno-Guishar scheduled for September 13, 2013, at 2:00pm.
If convicted, defendants face up to 25 years for the bank robbery charge, and a minimum of 7 years up to life in prison for the armed robbery charge, and fines up to $250,000.00. The case was investigated by the FBI and Police of Puerto Rico’s Bank Robbery Unit and is being prosecuted by Special Assistant U.S. Attorney Vanessa D. Bonano-Rodríguez.Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
Two Indicted on Counterfeit ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Scranton returned an indictment Tuesday charging Aric T. Branch, age 34, Queens, New York and Crystal Sunshine Smith, age 35, Holbrook, New York, with conspiracy to pass, receive, and deal in counterfeit United States Federal Reserve Notes. Branch and Smith are also charged with aiding and abetting each other in the passing, receiving, and dealing in counterfeit notes.
According to United States Attorney Peter J. Smith, in May 2013, Branch and Smith traveled from New York to Dickson City, Pennsylvania for the purpose of passing the counterfeit notes at various retailers located in Dickson City, including J.C. Penney and Target Department Stores.
The case was jointly investigated by the United States Secret Service and the Dickson City Police Department.
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
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 45 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.
Two Doctors and A Salesman Admit Roles in Bribes-For-Test Referrals Scheme Involving New Jersey Clinical LaboratoryRead the Press Release
NEWARK, N.J. – Two New Jersey doctors and a company salesman pleaded guilty today to their roles in a long-running bribes-for-test referrals scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, N.J., its president, and numerous associates, U.S. Attorney Paul J. Fishman announced.
Angelo Calabrese, 56, of Pine Brook, N.J., Paul Ostergaard, 72, of Pompton Plains, N.J., and David McCann, 45, of Lyndhurst, N.J., all pleaded guilty today before U.S. District Judge Stanley R. Chesler in Newark federal court.
Calabrese, a doctor with an office in North Arlington, N.J., pleaded guilty to an information charging him with violating the Travel Act and admitted accepting more than $130,000 in bribes to refer at least $600,000 in lab business to BLS. Ostergaard, a doctor with an office in Pompton Plains, N.J., pleaded guilty to an information charging him with violating the Travel Act, and admitted accepting more than $50,000 in bribes to refer at least $150,000 in lab business to BLS. McCann pleaded guilty to an information charging him with conspiring to violate the Anti-Kickback Statute and the Travel Act and admitted paying thousands of dollars in cash to doctors on behalf of BLS.
With today’s guilty pleas, 17 people have now pleaded guilty in connection with the sophisticated BLS bribery scheme, which its organizers have admitted involved the payment of millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies.
“We are continuing to pursue those defendants, including doctors, who put personal profits ahead of patient care,” U.S. Attorney Fishman said. “Patients need to be confident that their doctors are recommending providers who are best qualified to perform medically necessary tests. Those doctors who recommended providers in return for payoffs should know we are coming after them.”
“As is evident in the pleas entered today, and the investigation into the illegal activity of Biodiagnostic Laboratory Services, the FBI Newark takes very seriously the allegations of health care fraud, bribes and kickbacks,” FBI Special Agent in Charge Aaron T. Ford said. “This investigation and prosecution remains ongoing and those medical professionals that decided to make medical referrals in exchange for bribes are expected to be brought to justice. These pleas today are a direct result of the joint efforts of Health and Human Services-Office of Inspector General, United States Postal Inspection Service, Internal Revenue Service and Federal Bureau of Investigation.”
According to documents filed in this and other cases and statements made in court:
Calabrese received more than $130,000 from BLS between 2010 and 2013 through a sham consulting agreement and a sham rental agreement, which combined to pay Calabrese more than $4,500 per month in bribes from BLS. Craig Nordman, 34, of Whippany, N.J., a BLS employee and the CEO of Advantech Sales LLC – one of several entities used by BLS to make illegal payments – who pleaded guilty in June to his role in the scheme, made many of the payments to Calabrese on behalf of BLS.
Ostergaard received more than $50,000 from BLS between 2006 and 2009 through a sham lease agreement and a sham service agreement. William Dailey, 42, of Wall, N.J., a BLS salesman who pleaded guilty to his role in the scheme in May, negotiated the sham agreements on behalf of BLS, with the knowledge and approval of BLS’s president, David Nicoll, 39, of Mountain Lakes, N.J. Ostergaard admitted today that while he was being bribed to make referrals to BLS, he noticed that BLS was adding tests that Ostergaard had not ordered for his patients, but stayed silent about the added tests.
McCann paid thousands of dollars in cash on a monthly basis between December 2011 and April 2013 to numerous physicians on behalf of BLS in exchange for the doctors’ referral of blood specimens to BLS.
On April 9, 2013, federal agents arrested David Nicoll, Scott Nicoll, 32, of Wayne, N.J., a senior BLS employee and David Nicoll’s brother, and Nordman. They were charged by federal complaint with the bribery conspiracy, along with the BLS company and Frank Santangelo, 43, of Boonton, N.J. In June, David and Scott Nicoll, Nordman, and four other associates of BLS pleaded guilty to charges related to their involvement. Santangelo, a doctor, pleaded guilty last month to charges relating to his role in the scheme. So far, 11 employees or associates of BLS, and six physicians have pleaded guilty to their roles in the bribery scheme.
“Offering slush fund payments for medical referrals, ultimately paid for by taxpayers, can have absolutely no place in our health care system,” Thomas O’Donnell, Special Agent in Charge of the Office of Inspector General at the U.S. Department of Health and Human Services region including New Jersey, said. “Such schemes will continue to be vigorously investigated and prosecuted, and these criminals will be brought to justice.”
The bribery count to which Calabrese and Ostergaard pleaded guilty is punishable by a maximum potential penalty of five years in prison and a $250,000 fine. McCann faces a maximum potential penalty of five years in prison and a $250,000 fine on the bribery conspiracy charge. Sentencing for all three defendants is scheduled for March 13, 2014.Calabrese and Ostergaard have also agreed to forfeit $334,000 and $53,900, respectively. The investigation has so far recovered more than $3 million through forfeiture.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Ford; U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge O’Donnell; IRS–Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, and the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates, with the ongoing investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorney Joseph Minish, Senior Litigation Counsel Andrew Leven, and Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark, as well as Assistant U.S. Attorney Barbara Ward of the office’s Asset Forfeiture and Money Laundering Unit.
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Defense counsel: Calabrese: Julian Wilsey Esq., Livingston, N.J.
Ostergaard: Justin Walder Esq. and Kevin Buchan Esq., Roseland, N.J.
McCann: Benjamin Choi Esq. and Joseph Horn, Esq., Rutherford, N.J.
Calabrese Information
Ostergaard Information
McCann InformationTexas Mexican Mafia General ConvictedRead the Press Release
HOUSTON - Eric Gomez, aka Valla, 37, of San Antonio, a general in the Texas Mexican Mafia Prison Gang, has entered a plea of guilty to his role in the distribution of heroin, announced United States Attorney Kenneth Magidson.
Gomez was charged along with 25 members or associates of the notorious Texas Mexican Mafia (TMM) prison gang with trafficking in heroin, cocaine and methamphetamine as well as firearms violations, distributing explosive materials and violent crimes in aid of racketeering in October 2012. Court records showed the TMM gang made money by trafficking heroin, cocaine and methamphetamine and by selling firearms.
The TMM formed in the early 1980s in the Texas Department of Criminal Justice. During a four-year-period from 2008 through October 2012, the TMM procured illegal drugs and distributed the drugs to numerous associates involved in drug trafficking in order to carry out the business of the gang. Gang members also sold numerous assault rifles and other guns to FBI sources as well as detonation cord. Gomez himself facilitated the sale of 5.5 kilograms of heroin to a FBI confidential source from December 2011-January 2013.
Today’s plea is one of several that have already occurred in the case. Among those who have entered pleas of guilty include Robert Arechiga, 35, Francisco Galvan, 46, Alexander Garcia, 40, George Maldonado, 46, Carlos Romero, 31, Juan Sarmientos, 46, all of Houston; Valentin Ayala-Gutierrez, 53, Gilbert Gonzalez, 42, Jose Cerda, 27, and Enrique Bravo, 39, all of San Antonio; Ruben Esparza, 35, of Robstown; Jorge Montemayor, 37, and Michael Villarreal, 33, both of Baytown; Alvin Valadez, 42, of Seguin; and Ernesto Villarreal, 36, of Corpus Christi.
U.S. District Judge Nancy Atlas, who has accepted all the guilty pleas in the case, has set sentencing for Gomez for Dec. 2, 2013, at 2:00 p.m., at which time he faces a mandatory minimum sentence of 10 years imprisonment up to a possibility of life as well as a $10 million fine. The others are set for sentencing at various times in early 2014.
Gomez will remain in custody pending sentencing.
The case was investigated by the FBI with assistance from Texas Department of Public Safety, Texas Department of Criminal Justice-Office of Inspector General, Harris County Sheriff’s Office, police departments in Baytown and Houston and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Tim S. Braley and Mark Donnelly are prosecuting the case.
St. Paul Felon Sentenced for Possessing A .22-caliber RevolverRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 26-year-old St. Paul felon was sentenced for possessing a .22-caliber revolver. United States District Judge Patrick J. Schiltz sentenced Christopher Lee Rousseau to 180 months in prison on one count of being an armed career criminal in possession of a firearm. Rousseau was indicted on January 15, 2013, and pleaded guilty on May 16, 2013.
In his plea agreement, Rousseau admitted that on December 3, 2012, he possessed the revolver. It was hidden in the center console of the GMC Jimmy he was driving at the time he was stopped by authorities. A law enforcement affidavit filed in the current case states that at approximately 12:30 a.m. on December 3, 2012, officers stopped Rousseau for a traffic violation near the intersection of U.S. Highway 61 and Warner Road. He was subsequently arrested for driving after cancellation of his license. During a search of Rousseau’s person, police found two rounds of ammunition and $385. A search of the vehicle led to the recovery of the gun.
Because he is a felon, Rousseau is prohibited under federal law from possessing a firearm or ammunition at any time. His prior convictions in Ramsey County include aiding and abetting second-degree burglary (2010) and fleeing police in a motor vehicle (2011). In addition, Rousseau was convicted in Pine County for fleeing police in a motor vehicle (2007) and, in Dakota County, for third-degree burglary (2010).
Since those felony convictions were for violent crimes, Rousseau was subject to the federal armed career criminal statute in the current federal case. That statute mandates a minimum sentence of 15 years in federal prison upon conviction. Given that the federal criminal justice system does not have parole, offenders serve virtually their entire sentence behind bars.
This case was the result of an investigation by the St. Paul Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorney Lola Velazquez-Aguilu.Shreveport Couple Pleads Guilty to Importing Illegal Drugs into the United States While on A CruiseRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that Robert W. Scogin, 52, and Peggy S. Scogin, 55, both of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to importing 9,000 pills illegally into the United States.According to evidence presented at the guilty plea, Robert Scogin and Peggy Scogin admitted to importing codeine and dihydrocodeine aboard a cruise ship returning to the United States. United States Immigrations and Customs Enforcement-Homeland Security Investigations (ICE-HSI) determined that the co-defendants purchased approximately 9,000 pills of Schedule II, III and IV narcotics in Belize. Upon reentering the United States, they intended to use the drugs for personal use as well as to sell them to others. Their plan was discovered when some of the pills were found in a locker used by Robert Scogin at his job. After being interviewed by law enforcement, the couple confessed and told investigators that they were able to get the pills on the ship by wrapping them in dirty clothes and hiding them in their luggage to avoid detection.
“Smuggling drugs into the United States is a serious crime,” Finley stated. “Selling prescription drugs without knowing what they really are and without knowing how they will affect the person buying them in an illegal market is extremely dangerous. We will continue to work with our law enforcement partners to protect public safety by prosecuting those who illegally import and sell prescription drugs.”
"Homeland Security Investigations special agents in Shreveport along with the Shreveport Police Department Narcotics Unit worked long hours to dismantle this smuggling operation, recover dangerous foreign manufactured narcotics, and bring this investigation to a conclusion,” said Special Agent in Charge of HSI New Orleans Raymond R. Parmer Jr. “Stopping the flow of illegal drugs is a priority for HSI, and we will continue to focus resources on this important effort.”
The defendants face up to 20 years in prison, a $1 million fine and five years of supervised release. A sentencing date of January 16, 2014 was set.
United States Immigrations and Customs Enforcement-Homeland Security Investigations and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Seth D. Reeg is prosecuting the case.
Sewickley Woman Sentenced to Probation for Participating in ID Theft SchemeRead the Press Release
PITTSBURGH, Pa. - A resident of Sewickley, Pa., has been sentenced in federal court to two years probation on her conviction of identity theft, United States Attorney David J. Hickton announced today.
United States District Judge Donetta W. Ambrose imposed the sentence on Anastacia Benedict, 24.
According to the information presented to the court, Benedict, a participant in an identity theft scheme, attempted to use unauthorized retail store charge cards to make purchases of merchandise.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
The Western Pennsylvania Financial Crimes Task Force (WPFCTF) conducted the investigation that led to the prosecution in this case. The WPFCTF was established in February 1995 as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partners in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.
San Antonio Area Convicted Felon Detained Pending Trial on Federal Firearm Possession ChargeRead the Press Release
Felon-In-Possession Charge Stems From the Illegal Sale of Firearms During an Austin Gun Show
In San Antonio, 65-year-old Manuel “Manny” Rodriguez of Spring Branch, TX, will remain in federal custody pending trial for being a convicted felon in possession of a firearm announced United States Attorney Robert Pitman and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Melvin D. King, Houston Division.
A federal criminal complaint filed last week alleges that during a gun show in Austin on August 18, 2013, Rodriguez was in possession of an Intratec AB-10 9mm pistol which he later sold to an undercover officer for $650.00. The complaint further states that Rodriguez served 47 months in federal prison based on a 2002 conviction in the Central District of California for possession of a machine gun and dealing firearms without a ATF license.
Based upon the criminal complaint, ATF agents on Friday arrested Rodriguez and executed a search warrant at the defendant’s residence where they seized a total of 76 firearms and approximately $15,000 in U.S. Currency. The seized firearms included numerous AR-15 and AK-47 assault rifles.
This afternoon, United States Magistrate Judge John Primomo ordered Rodriguez held without bond. Rodriguez faces ten years in federal prison upon conviction.
This continuing investigation is being conducted by ATF special agents in Austin and San Antonio together with Homeland Security Investigations (HSI) agents. Assistant United States Attorney Jay Hulings is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Rochester Man Sentenced in Drug ConspiracyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that LaPrece Lawhorn, 26, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of cocaine base, was sentenced to 180 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Robert Marangola and Jennifer Noto, who handled the case, stated that the defendant participated in a drug trafficking organization responsible for the distribution of large amounts of cocaine and cocaine base in the Rochester area. Lawhorn was involved in manufacturing and distributing the cocaine base. The defendant was one of 10 defendants arrested in connection with this drug investigation. All 10 defendants have been convicted. Lawhorn is the fourth defendant to be sentenced.
The sentencing was the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Scott Heagney and investigators of the Rochester Police Department, under the direction of Chief James Sheppard.Rapid City Man Sentenced for Distributing Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Distribution of Child Pornography was sentenced on September 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
The case was investigated by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Gary Scott Whiting, age 49, was sentenced to 84 months of imprisonment, 10 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Between May and July 2012, in Rapid City, Whiting knowingly distributed pornographic material through a shared computer program. All eight videos possessed and distributed by Whiting contained images of young boys, clearly under the age of 18, engaged in various sexual acts. He pled guilty on May 3, 2013.Pest Control Company and Its Owner Charged with Unlawful Application of Pesticides and FalsificationRead the Press Release
A pest control services company and its owner have been charged today in the U.S. District Court for the Middle District of Georgia with conspiracy, unlawful use of pesticides, false statements, falsification of records and mail fraud, announced Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and Michael J. Moore, U.S. Attorney for the Middle District of Georgia.
Steven A. Murray, 54, of Pelham, Ala., and his company, Bio-Tech Management Inc., were charged in a felony indictment with one count of conspiracy, 10 counts of making false statements, 20 counts of falsifying records, 10 counts of mail fraud and 10 counts of unlawful use of a pesticide.
The indictment alleges that from October 2005 to June 2009, Steven Murray and Bio-Tech repeatedly misapplied the registered pesticide Termidor SC in nursing homes in the state of Georgia and falsified documents to conceal the unlawful use. The indictment further alleges that Murray and Bio-Tech sent invoices through the U.S. Mail to their nursing home clients to solicit payment for the unlawful pesticide applications.According to the indictment, Steve Murray and Bio-Tech provided monthly pest control services to nursing homes in Georgia by spraying pesticides in and around their clients’ facilities. The indictment alleges that, at the direction of Murray, Bio-Tech employees routinely applied the pesticide Termidor indoors more than twice a year, contrary to the manufacturer’s label instructions. The indictment further alleges that after the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s misuse of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct an investigation.
U.S. Environmental Protection Agency (EPA) regulations require that all pesticides be registered, properly labeled, and applied as specified by manufacturer’s labeling to protect public health and the environment.
A criminal indictment is not a finding of guilt. An individual or company charged by criminal indictment is presumed innocent unless and until proven guilty in a court of law.
The falsifying records and mail fraud charge carry a maximum sentence of 20 years in prison and $250,000 fine per count. The false statements charges each carry a maximum sentence of five years in prison and a $250,000 fine.
These cases are being investigated by Special Agents of the EPA’s Criminal Investigations Division in Atlanta and prosecuted by Trial Attorneys Richard J. Powers and Adam C. Cullman of the Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section.